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What Kessler's FDA has done is to resolve what has always been the thorniest dilemma of cigarette regulation; namely, that no one knew who was supposed to do the regulating.
The laws, experts say, are part of a new frontier of cigarette regulation: moving beyond smoking bans in public settings like restaurants to crackdowns in private spheres like cars and, in some cases, homes.
Vice President Al Gore and Gov. George W. Bush, who both employ senior advisers with close ties to the tobacco industry, said today that the Supreme Court ruling on cigarette regulation should spur Congress to enact stricter controls on tobacco products.
And while a great deal of credit goes to Representative Henry A. Waxman, Democrat of California, and Senator Edward M. Kennedy, Democrat of Massachusetts — both of whom devoted years to getting the legislation passed — there were also these three others, strange bedfellows for sure, who were critical in making cigarette regulation come to pass: Dr. Kessler, Mr. Parrish and Mr. Myers.
For example, shares of tobacco and food giant Philip Morris yielded a lofty 5.17% on Nov. 1, when the stock plunged to $92.88 amid more harsh words about cigarette regulation from Washington.
But Rep. Henry A. Waxman (D-Los Angeles), the subcommittee chairman and a leading congressional foe of tobacco, noted that the action occurred less than two weeks before Kessler disclosed that the FDA would study the possibility of cigarette regulation.
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That law, he wrote, seeks to balance public and commercial interests: the federal government protects the public, but also sets clear and uniform cigarette regulations that protect "commerce and the national economy".
Interestingly, the deal appears to prohibit big tobacco from using ISDS to prevent cigarette regulations.
All of my conclusions about e-cigarette regulation are my own.
Health groups sued Gottlieb, arguing that the delay in e-cigarette regulation inadvertently contributed to the recent surge in youth vaping.
But he said that Gottlieb's decision in 2017 to delay the e-cigarette regulation itself contributed to the rise of youth vaping.
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