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CORPORATE GOVERNMENT

BORROWED OPINIONS
Put Out This Tobacco Bill

Washington

ACCORDING to anti-smoking groups, the current Congressional attempt to give the Food and Drug Administration authority to regulate tobacco is the most important piece of legislation since the surgeon general spoke out on the dangers of smoking 40 years ago. Surprisingly, it is not just the foes of Big Tobacco that support the proposed law, which was approved by the Senate Health, Education, Labor and Pensions Committee on Wednesday.

Philip Morris, the world’s largest tobacco company, is also firmly behind the bill. In fact, it played a pivotal role in writing the legislation, working with the Campaign for Tobacco-Free Kids. What these strange bedfellows came up with is bad for competition in the tobacco industry and bad for public health.

One problem is that under the proposed law, the F.D.A. would regulate any new “reduced-risk” tobacco products. And in so doing, the agency would be responsible for setting standards to determine which tobacco products pose a reduced health hazard. Since the F.D.A. has neither the resources nor the expertise to do this job itself, it most likely would need to turn to the industry for help.

Philip Morris, which is miles ahead of its competitors in developing the next generation of tobacco products, would be only too happy to assist. In effect, it would be Philip Morris’s standards and products that would define the F.D.A.’s definition of reduced-risk cigarettes.

This would give the company an unassailable competitive advantage. Unable to match Philip Morris’s technical prowess, its competitors would be reduced to licensing its technology and producing pale imitations.

Moreover, by setting regulatory standards for reduced-risk cigarettes, the F.D.A. would send a message to both smokers and nonsmokers that smoking is really not very risky. However, it will take several decades before anyone is able to do the epidemiological studies that could demonstrate whether this is true. In effect, this bill tosses aside decades of work by the public health community to convince people either to stop smoking or not to start in the first place.

By assigning the F.D.A. responsibility for all tobacco products, the new law would also relieve the industry of any liability for tobacco safety — and pass it along to the government.

Few lawmakers seem to understand either the bill’s origins or ramifications. But the Senate should send it back to the committee and start from scratch. Come up with a law that would give the F.D.A. authority to regulate tobacco, but do so in a way that would truly protect public health.

Patrick Basham, the director of the Democracy Institute, is an adjunct scholar at the Cato Institute.

lindainks55 said:
 
Does government ever put their collective nose where it might do some good? And, if they do, is it possible to write a straight-forward bill that accomplishes something positive for the greatest number of people? The F.D.A. can't handle what is their current responsibility, why does anyone think they could regulate another industry competently?

Giving up smoking was one of the most difficult things I've ever done. I don't give in to the rare desire to light just one (out with smoking friends and it is tempting) because I don't trust myself to EVER make it through that first six months again so won't open any doors to that eventuality

I think its been about five years and 50 pounds since I smoked. Does anyone know why obesity is healthier than smoking? Yep, changed one unhealthy habit for another, didn't I?
 
posted 841 days ago
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gster said:
 
What irks me is Government's constant checking with Industry , rather than the Public they supposedly represent, to deteremine what course of action is wanted or appropriate!

Sort reminds me of the RCA motto: "Listening to his Master's voice".
 
posted 841 days ago
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gster said:
 
To answer my own question, Government checks with Industry to get the game plan because Industry pays Government better than we , the Public, does!

Money truly talks the universal language.
 
posted 841 days ago
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Vaughn Tolle said:
 
Linda and Gster, this has, unfortunately, been happening for a substantial period of time (industry's "writing" bills). I cannot recall exactly when I first heard about it, but it seems to me that it was during the Bush 41 or Clinton administration time. I seem to recall the first incident was involving a complex tax bill, where the staffers of the Congress members had no idea on what was at issue, and some "friendly" lobbyists volunteered their assistance. This was an isolated incident at the time, and when it became known, there arose much hue and cry. Then, as the years progressed, other companies became involved, until now, it seems, that we have to question the origins of each bill introduced.

I'm still of the mind that such direct involvement is not happening all the time, or even a majority of the time. Please note the direct involvement statement. Lobbyists have been "wining and dining" member of Congress and their staffs for generations, seeking some kind of favorable treatment, but until relatively recently, they were not involved in actually assisting with drafting of the bills, etc.

The following is "social commentary". It is a truism that as we advance in science, technology, and a host of other areas, they become more and more complex. For Congress to have sufficiently knowledgeable staff to assist them in drafting bills, or in understanding bills drafted by their colleagues would result, I believe, in the creation of staffs some five to ten times their current size. There is a knowledge gap there. While I don't advocate the industries being directly involved in drafting bills, there's a need to increase the base of knowledge available to the Congress. How to do this is not within my ability to answer.
 
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lindainks55 said:
 
There are "experts" in every field, from all sides of every issue (I'm sure!), willing to advise members of Congress and / or their staff members. Chad has gone to the hill three times this year as an "expert" on stem-cell research. He wasn't compensated, Harvard paid his travel expenses so it cost the taxpayer zip. Surely this could help fill the knowledge gap on all issues.
 
posted 841 days ago
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Vaughn Tolle said:
 
Truly, Linda. However, once Chad and other "experts" have provided their advice through testimony, oral and written, there remains the task of drafting a bill taking all the expert advice into account, and therein lies the gap. Put another way, once all the experts have been to DC and left, there needs to be a level of expertise available to the Congress (hopefully unbiased) to understand the words in the transcript such that the language of the bill reflects the expertise provided. That's where, IMHO, the problem lies; not with the number of "experts" willing and able to provide testimony, etc., to the committees and other folks, but in understanding what they said when the political process of drafting a bill begins, then in consideration of the effect of proposed amendments, etc., etc. At some point, the need for timely informed action trumps delaying action on the bill to allow the experts to return and provide their advice, and having some expertise "in house" as it were would help in the deliberative process.

While this may appear that I'm calling all members of Congress names, I'm not (well, not in all cases...), but it's my recognition that we all are ignorant, depending upon the subject matter. Having a quick source of knowledge to combat the ignorance, at least a little, is extremely important, and this is where the corporations, et al., step in and take advantage.
 
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Danny said:
 
My thoughts are experts should testify and explain what is meant by their field. These experts can and maybe should come from the industry they represent. However, when the bill(s) come time to be written, then I think on staff experts, preferably not related to the industry said bill will affect but knowledgeable in the field the industry works in needs to be present in helping to write the bill. Perhaps for points of clarification.

 
posted 841 days ago
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Vaughn Tolle said:
 
Danny, a great way to say what I was trying to say. Thanks.
 
posted 841 days ago
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Danny said:
 
Vaughn,

Your welcome. It seems to me doing that way keeps the government serving the people who elected them and at the same time attempts to write unbiased laws and bills. Not like what happened with the DMCA, which more or less seemingly warrants the recording industry to perform vigilante justice.

 
posted 841 days ago
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Vaughn Tolle said:
 
Putting this here, not because it has anything to do with the original topic, but has to do with Congress:

Reading on cnn.com a bit earlier that the President says Congress cannot begin its August recess until it passes a bill he won't veto concerning the TSP, as I understand it. What caught my attention was a reference to a ruling by the court that supervises the FISA court of some four to five months ago which apparently prohibited warrantless eavesdropping of possible terrorist telephone communications if the same was transmitted by a switch located within the U.S. Hmm, it's all about warrants and probable cause, then. Gee, who would have thought... /sarcasm
 
posted 841 days ago
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gster said:
 
VT- The way the system works in Bushstan, is all the laws are written in pencil , and not only does the Shrub have the only eraser , but he also has full editing rights!
 
posted 841 days ago
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lindainks55 said:
 
Does bush get to say when Congress leaves for vacation? That would make me do exactly opposite. Did I ever tell you I don't defer blindly? There are usually better results when I am asked rather than told...
 
posted 841 days ago
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Vaughn Tolle said:
 
Linda, if the Congress adjourns for August, there is the power of the President to call it back for a "special session", so as a practical matter, he can make the statement. Legally, he has no control over Congress' adjournment time, that's up to Congress. Congressional leadership can cause a delay in starting up the special session, to be sure, but that in reality would likely have a negative effect, as it provides the GOP with a good campaign point for 2008.
 
posted 841 days ago
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Vaughn Tolle said:
 
http://www.cnn.com/2007/POLITICS/08/03/fisa.upgrad...

Link to cnn.com piece about which I posted earlier.
 
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lindainks55 said:
 
So NOW bush says this is important enough Congress can't leave. Didn't the courts find him guilty (unless the law was changed to allow his sneaking around) last January? Haven't there been vacations taken since then? So, NOW when he is worried AG AG might actually be in deep s**t he decides the law must be changed so his way is the lawful way. Yeah. Let's make Congress look like they don't care about SECURITY and they are putting everyone in America in danger. It's getting scary in buschcoland, isn't it?

Maybe I've been wrong about these weak-kneed Democrats; maybe they will make changes and step up to the plate. This bushco must be stopped!
 
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