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An alternative proposal filed by Mr. Burr and Kay Hagan, Democrat of North Carolina, would set up a tobacco office in the Department of Health and Human Services to promote cessation and "reduced harm" products.
Congress specifically banned some seldom-used flavorants like candy flavors, but left it up to the F.D.A. to resolve many far-more difficult issues, including so-called reduced harm products, alternatives to cigarettes -- and menthol.
Combined with the existing ban on advertising on television and radio, and a new ban on outdoor advertising within 1,000 feet of any school of playground, the companies said it would be almost impossible to communicate with adults even about what it claims are "reduced harm" products.
The Waxman legislation is facing opposition from people who say its criteria for approving new "reduced harm" products — the bill's term — will make it too difficult to approve and sell new tobacco products marketed as giving smokers safer alternatives to current cigarettes.
The companies decry their right to discuss and publicize their potential "reduced harm" products.
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Some of process data is also varied, within small ranges that do not harm product quality or violate environmental regulation, to minimise utility use targets.
Much of their work will involve trying to develop reduced-harm products.
Certainly, the F.D.A. process for reduced-harm products wouldn't be perfect, just as it isn't perfect for pharmaceuticals.
Further, the suit said, the law is already preventing company scientists from talking about reduced-harm products in public forums because the government has not ruled whether those products reduce harm to society as a whole, as required in the new law.
"It is worse for public health to put snus across as a complementary product instead of a reduced-harm product, but for R. J. Reynolds it makes total sense," said Mr. Romeo, who lives in Manhattan.
But it was very clear that, as a first step, the company wanted to see if it could come up with "reduced harm" tobacco products — smokeless tobacco, perhaps, or less lethal cigarettes, or perhaps products that deliver nicotine, which is relatively benign, without doing so through a lighted cigarette, which is anything but benign.
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