I Shoulda Known...

Remember last week when I said I wrote my congresscritters about the FDA and cigars?  Well, today I got a response... the only response, so far... from Senator Tom Udall.  Here it is, in its entirety:

January 12, 2012

Dear Mr. Pennington,

Thank you for contacting me regarding S. 1461, the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011.  I appreciate hearing from you on this important issue.

Smoking remains the leading preventable cause of death in the United States, yet every day thousands of children have their first cigarette.  Because of this and other statistics on the health risks, health costs and addictive nature of smoking, in June 2009 the Senate passed with my support S. 982, the Family Smoking Prevention and Tobacco Control Act (FSPTCA),  by a vote of 79-17.  The House version of this bill passed on April 2, 2009 and President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act into law on June 22, 2009.

This law gave the Food and Drug Administration (FDA) new authority to regulate the manufacturing, distribution, advertising, promotion, sale, and use of cigarettes, smokeless tobacco, and other tobacco products, subject to clarification by future guidance.  The FDA subsequently issued strict restrictions on cigarette and smokeless tobacco sale, distribution, product labeling, marketing and advertising towards minors. 

In July 2011, the FDA indicated its intent to issue a proposed rule that would deem cigars, dissolvable tobacco, and e-cigarettes subject to the FSPTCA and the FDA's jurisdiction.  The FDA has not yet issued this rule, but expects to publish a notice of proposed rulemaking this fall.  Following publication of the proposed rulemaking, the FDA plans to accept and review public comments before issuing its final rulemaking.

In response to this, on August 1, 2011, Senator Bill Nelson (FL) introduced S. 1461, to exempt traditional large and premium cigars from regulation by the FDA and from user fees assessed on tobacco products by the FDA.  Upon introduction, S. 1461 was referred to the Senate Committee on Health, Education, Labor, and Pensions, where no further action has occurred.  I will be sure to keep your comments in mind should S. 1461 or any related legislation come before the Senate for a vote.

Thank you again for sharing your thoughts with me.  Please feel free to contact me with your concerns regarding any federal issue by visiting my website at www.tomudall.senate.gov.  For more information, you may also visit my Facebook page at http://www.facebook.com/pages/Senator-Tom-Udall/106433512869 and receive up to the minute updates through my Twitter page at http://twitter.com/senatortomudall.

Very truly yours,

Tom Udall
United States Senator

Oh, my aching ass.  Thanks, Nanny.  I'm beginning to wonder about the wisdom of my decision to become a New Mexican, as my representative and both of my senators were solid, right-thinking Republicans when I was a Texan.  Now?  They're all frickin' Democrats.  I suppose that's incentive for me to get out and vote (which I ALWAYS do) but my county is decidedly RED, as are most rural constituencies in these United States.  It doesn't help my attitude to find out that S.1461 is languishing in committee, where bills go to die.  Today ain't off to a great start.