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Tobacco ball back in Congress’ court
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3-27-2000 Washington. The Supreme Court decision March 21 that the Food and Drug Administration (FDA) lacks authority to regulate tobacco has sent the issue back to Capitol Hill, but it remains unclear if lawmakers will do anything more than argue. Democrats and a few Republicans urged quick action to provide the FDA with the regulatory authority the court said must come explicitly from Congress. "With this decision, the court has now made it much easier for children to buy tobacco and tobacco products," said Sen. Tom Harkin, D-Iowa. "We’ve got to do something and we’ve got to do it fast." Senate Minority Leader Tom Daschle, D-S.D., said he was disappointed by the 5-4 court ruling, but said that it has made his forces "all the more determined to see that we act now in Congress." Republican leaders, however, seemed less enthused by the prospect of new tobacco legislation. "I think the FDA has broad jurisdiction as it is, and I don’t think they do a very good job with what they have," said Senate Majority Leader Trent Lott, R-Miss. Senate Majority Whip Don Nickles, R-Okla., agreed. "I don’t personally support having federal police monitoring convenience stores," he said, referring to the portion of the FDA rules intended to keep tobacco products away from minors. Nickles also labeled as "absurd" the FDA requirement that retailers ask for identification from all purchasers who appear to be under age 27. Not all Republicans oppose giving the FDA new authority. Sen. James Jeffords, R-Vt., chairman of the committee that oversees the agency, said he still wants to move legislation this year. Jeffords also supported giving the FDA regulatory authority in 1998. But Sen. Dick Durbin, D-Ill., who has led anti-tobacco efforts in the Senate, is not optimistic. "With this majority? Get out of here," he said of the chances of passing a bill. Republicans, he said, "are brazen when it comes to standing up for their buddies in the tobacco industry."
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