Pipe Smokers Intelligencer

Some notes and thoughts on the recent news from the Food and Drug Administration, an agency that is targeting tobacco, but can’t seem to keep the nation’s food supply safe.

As you may know, the FDA is drafting guidelines for how it will deal with tobacco retailers, the amount of money it will charge in fines, and how long it will prevent the guilty from selling tobacco products.

That document is called the “Draft Guidance for FDA and Tobacco Retailers: Civil Money Penalties and No-Tobacco-Sale Orders For Tobacco Retailers.”

I recommend it as future reading, but be warned, it will cross your eyes.

You can scramble through the maze of federal bureaucratise here, but suffice it to say, it is all gobbledygook and hard to understand.

Just keep in mind that mid-term elections are coming up. Tobacco has few friends. My advice is to remember who are our friends in Congressional, state and local elections and vote accordingly.

Now, back to the promised FDA notes:

Take a look at how the FDA defines tobacco as it prepares to make sweeping rulings:

Tobacco product: The term “tobacco product” means “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).” Section 201(rr) of the FDCA.  This term does not include an article that is a drug, a device, or a combination product as defined in the act. Section 201(rr) of the FDCA. Thus, the term is not limited to products containing tobacco, but also includes components, parts, and accessories of tobacco products, whether they are sold for further manufacturing or for consumer use.  For example, tobacco, papers, and filters are tobacco products, whether they are sold to consumers for use with roll-your-own tobacco or are sold for further manufacturing into a product sold to a consumer, such as a cigarette.

The italicized part of this definition may allow those of us who worry over a proposal by U.S. Rep. Steve Cohen (D-Tenn.) that would allow the federal government to charge federal excise taxes on pipe tobacco that matches the roll-your-own tax, which is more than $24 per pound.

As you may recall, the RYO manufacturers screamed bloody murder when the tax was levied on their product. So, they cleverly began packaging RYO tobacco as “pipe tobacco” to avoid paying the outrageous tax.

Cohen, a political careerist from Memphis who is in a tough race for re-election, proposed matching pipe tobacco with RYO, which would even the playing field for RYO labeled as pipe tobacco. In other words, pipe tobacco’s excise tax fees would rise by 775 percent under the Cohen proposal.

If you have friends in Memphis’s 9^th Congressional District, which is 60 percent African American, tell them that Cohen’s tobacco proposal is going to subvert the U.S. Constitution by limiting the civil rights of a segment of society.

He does not deserve the vote and support of the 9^th District. At one time, Memphis, which wholly contains the 9^th District, was a great cotton and tobacco town. Today, it is more about other forms of business ventures.

Nonetheless, Memphis is a great town in the Delta. It is Tennessee’s largest city. It is a dynamic city with a grand history and deserves better representation than a career politician who cares more about being re-elected than watching out for his constituency.

Although Cohen’s proposal has yet to be voted on, it is still on a Congressional timetable and could yet be passed and sent to the U.S. Senate.

Cohen’s Bill, co-sponsored by Rep. Lloyd Doggett (D-Texas), is labeled the “Tax Parity Act of 2010.”

I prefer the label, “Tax Piracy Act of 2010.” But, then, I am prejudiced.

The bill was introduced by Cohen and Doggett Jan. 13, and referred to House committee. It has been referred to the House Committee on Ways and Means, where it awaits action.

These things have a way of not going away. Remember that when it comes time to vote.

One other note for “stakeholders” in the FDA’s latest meetings on tobacco.

There is one coming up in Atlanta, Ga., Oct. 3.

Here are the details:

State and Local Tobacco Control Officials Stakeholder Discussion October 3, 2010:

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) will hold its first Stakeholder Discussion Series session with State and Local Tobacco Control Officials from 11 a.m. to 5 p.m. on Sunday, October 3, 2010 at:

Emory Conference Center Hotel

1365 Clifton Road Northeast

Atlanta, GA 30322-1013.

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) is charged with implementing the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) with the goal of reducing the tremendous toll of disease and death caused by tobacco product use.

In order to better ensure the opportunity for meaningful engagement and dialogue between CTP and State and Local tobacco control officials, a limited number of individuals have been invited to actively participate in the discussion. This approach is based on feedback we have received from stakeholder input on the design of these sessions.

(EDITOR’S NOTE: In other words they don’t want a vocal public presence).

An additional 30 members of the public — or additional representatives from State or Local governments — may observe the session at the meeting site.

To do so, observers must register in advance by sending an email with the subject line of “Registration: October 3” to:

CTPStakeholderSeries@fda.hhs.gov, with first and last name, title and organizational affiliation, as well as a phone number and email address.

Your space will be confirmed with a return email. Registration will remain open until Wednesday, September 29 or until all available spaces are taken, whichever occurs first.

Note that this announcement will be updated if/when space is full.

A conference line will also be provided for additional people to listen via phone.

Call in information will be posted on this website when it is available.