Time to Regulate Big Tobacco

The House of Representatives is poised to vote next week on a pioneering bill that would give the Food and Drug Administration its first real power to regulate tobacco products, much as it now regulates food, drugs and medical devices. This is a critically important bill, the culmination of more than a decade of struggle to bring the renegade tobacco industry under regulatory control.
In the 1990s, the F.D.A. tried to regulate tobacco products under existing statutes, but the Supreme Court ruled that the agency had exceeded the authority granted by Congress. Now both houses are considering bills that would write the agency’s 1996 rules into law and add many other tools and powers as well. David Kessler, the former food and drug commissioner who led the regulatory battle more than a decade ago, called it “as strong a tobacco bill as we have seen in our lifetimes.”
The bill pending in the House would empower the F.D.A. to regulate both the content and marketing of tobacco products. The agency could not ban tobacco products outright or eliminate all nicotine from them, but it could reduce the levels of nicotine, eliminate other harmful ingredients and set product standards to protect the public’s health. It could also restrict advertising and promotion to the extent permitted by the First Amendment.
The Bush administration has opposed the bill on several grounds — none of them compelling. Its core objection is that the bill would heap new responsibilities on the F.D.A. at a time when the agency is struggling to enhance food safety and improve oversight of imported drugs, devices and foods. Of course, the reason the agency is struggling is that the administration, true to its animus against regulation, has failed to provide adequate resources during most of its tenure. The solution is to provide enough money and people to perform all vital tasks, not to duck a new one.
The administration further frets that user fees imposed on the tobacco industry won’t cover all costs of the regulatory effort, thus forcing the F.D.A. to cannibalize other programs to make up the difference. But the bill now clarifies that only the designated user fees and no other F.D.A. funds can be used to regulate tobacco.
The administration also contends — as do some anti-tobacco activists — that F.D.A. oversight could leave the public with the misperception that tobacco products are safe, or at least safer, with regulation. But the bill prohibits tobacco companies from implying that they have F.D.A. approval, and the agency has ample ways to remind the public that tobacco is harmful.
The bill has strong support from such organizations as The American Cancer Society, the American Heart Association, the American Lung Association and the Campaign for Tobacco-Free Kids. It is supported by Philip Morris, but opposed by most of the tobacco industry. It has strong bipartisan support in Congress.
The legislation needs to be passed this year by veto-proof margins in both houses, lest the reform impulse dissipate next year as a new administration and new Congress grapple with a host of complicated foreign, military and domestic issues.

Berlin Awaits the 'Next JFK'

Walking around Berlin recently, the American visitor could be forgiven for thinking Germany was the 51st state in the Union — and that it would vote heavily for Senator Barack Obama on November 4. Joggers in local parks proudly sport Obama T-shirts; the trendy expat hangout White Trash Fast Food was turned into an Obama campaign center for a day; and a city magazine has published instruction on how to craft little American flags to wave in welcoming the junior senator from Illinois, who visits on Thursday.
The city has been buzzing with anticipation over Obama's visit, and his reported request to use the Brandenburg Gate as the backdrop for his only public address in Europe sparked a local media frenzy. Chancellor Angela Merkel reacted with "bewilderment" to the senator's request to speak at this historically charged location, and appeared concerned that approving the request would be interpreted as taking sides in the U.S. presidential race. Foreign Minister Frank-Walter Steinmeier, for his part, welcomed the suggestion that Obama speak at a venue rendered iconic by John F. Kennedy and Ronald Reagan, saying it was "a vital expression of German-American friendship."
Obama's people and Berlin authorities finally agreed to stage the speech instead in front of the Siegess�ule (victory column) monument, or "Goldelse" ("Goldlizzie"), as Berliners affectionately dub it, because of a golden statue of the goddess of victory that crowns the monument. Built in the second half of the 19th century to commemorate Prussian victories against the French, the Danes and Austria, the column has been a backdrop for various mass events, such as the annual "Love Parade," a huge open air techno party. The right location, some commentators only half jokingly remarked, for a political rock star.
While politicians bickered, however, the German people had long ago made their choice — one poll showed that 60% were in favor of Obama speaking at the Brandenburg Gate. And if Germans had a say in the U.S. election, 74% would choose Obama.
The media can barely contain its excitement. "Germany meets the Superstar" read the front page of the weekly Der Spiegel in reference to a popular TV show, while the tabloid Bild called Obama "Berlin's New Kennedy!" and gushed: "It's like 1963," describing the presidential candidate as "just as young, sexy and charismatic" as John F. Kennedy. And that's before he's even set foot here.
Although the Kennedy name is almost inevitably invoked whenever Barack Obama is mentioned in the German media, there is more to his popularity. The cover of the current issue of Zitty, a local Berlin magazine, shows a photo of Barack Obama accompanied by the headline: "I'm black and that's a good thing" — a reference to Berlin's openly gay mayor, Klaus Wowereit, who strongly supported Obama's request to speak at the Brandenburg Gate, and had once publicly announced: "I'm gay and that's a good thing". Jarring as that headline may be, it partly explains why Obama is likely to receive the warmest welcome given to any senior American politician in Berlin since Kennedy visited in 1963 and made his famous "Ich bin ein Berliner" speech.
For many Germans, Obama is the embodiment of the American dream and the ideal of a land of opportunity where everyone can make it to the top, regardless of race or social background. At a moment when anti-American sentiments have reached unprecedented heights in Germany — a 2007 study by the Pew Research Center found that only 30% of all Germans hold a positive view of the U.S. — Obama is seen by many Germans as a symbol of change.
"Germans differentiate between America and the Bush Administration. They are not anti-American per se; on the contrary," says Andreas Etges, professor for North American studies at Free University Berlin and curator of a local museum focused on the Kennedys. "Obama, not only because of his skin color, for many represents the other, better America."
The question, now, is whether Obama will be able to meet the sky-high expectations. German politicians speaking in the press have advised Obama against raising issues that will dampen enthusiasm, such as demanding more German soldiers to be deployed in Afghanistan — a military mission he hopes to expand. "Obama will be walking a tightrope", says Etges. "On the one hand he wants a cheering crowd, but on the other hand can't afford to not voice any criticism at all." While the actual target of Obama's speech will be American voters watching him on television, it will still be up to the tens of thousands Berliners expected to gather around the Siegess�ule to grant Obama his "Kennedy" moment.

Passports strike threat to holidays

A three-day strike that may hit holidaymakers needing swift passports is starting.
Nearly 3,000 passport staff will leave their posts in a row over pay and the Government's office closure programme. The strike will hit the UK's seven regional passport offices and 68 interview offices, the Public and Commercial Services Union (PCS) said.
The stoppage - which comes at the start of the school holidays - means that anyone who discovers their passport has expired may have to miss their holiday.
For an extra charge, new documents can usually be obtained in one day but this service will be unavailable during the strike. Travellers waiting for ordinary passport applications to be processed will also face delays.
The protest is over a 2.5% pay deal. The sum has not been awarded to all staff, with longest-serving employees receiving no pay rise for the fifth year running.
PCS general secretary Mark Serwotka said: "The closure of the Glasgow passport office and the threat to a further unnamed three is fuelling the anger over the government's policy of below inflation pay.
"It is disgraceful that long-serving passport staff should receive no pay rise for the fifth year in a row and that efficient hardworking staff should be rewarded with a pay cut in real terms."
The seven regional passport offices affected by the strike are London, Liverpool, Belfast, Glasgow, Peterborough, Newport and Durham.
An Identity and Passports Service spokesman said: "IPS will strive to maintain a service to the public and keep any inconvenience to a minimum during the period of the strikes.
"All IPS regional office counters will remain open and we are able to issue passports for those in emergency situations or with urgent needs. Any customer who has booked for premium services or an interview will have the appointment honoured. We believe that the pay deal was fair for staff while keeping in line with Treasury guidelines."