A verdict in the U.S. Department ofJustice lawsuit against the large tobacco companies and a landmark report on secondhand smoke by the U.S. Surgeon General headline federal tobacco control action in 2006.
On August 17, 2006, U.S. District Court Judge Gladys Kessler issued her ruling finding the major tobacco companies guilty of civil racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Despite this momentous decision and findings that the companies continue their illegal behavior to this day, Judge Kessler was constrained by an appellate court’s ruling in the types and severity of remedies she could impose. The American Lung Association, along with our public health partners who are all intervenors in this case, is urging the U.S. Department of Justice to appeal the remedies portion of this case so that more appropriate remedies can be imposed. The Lung Association and fellow public health intervenors have also filed with the appropriate court a motion stating our intention to appeal the remedies portion of the case.
The other major federal tobacco control development took place in June when the U.S. Surgeon General issued an historic report on the dangers of secondhand smoke. The report confirms that secondhand smoke is a cause of lung cancer and heart disease and has immediate adverse effects on the ardiovascular system. The report also concludes that eliminating smoking in all indoor spaces is the only way to fully protect nonsmokers from secondhand smoke.
Congress neglected again in 2006 to provide significant leadership on tobacco control issues. Despite having a strong, bipartisan list of cosponsors in the House of Representatives and the Senate, Congress failed to pass legislation that would give the U.S. Food and Drug Administration (FDA) authority over tobacco products.
Congress also took no action to implement proposals suggested by the U.S. Department of Health and Human Services-appointed Interagency Committee on Smoking and Health from 2003. While the Medicare prescription drug benefit covers smoking cessation drugs, the federal government does not require states to fund cessation coverage for Medicaid recipients, including pregnant women. Legislation was introduced during 2006 in the Senate that would enhance federal matching dollars to states that provided tobacco cessation coverage to women enrolled in Medicaid programs.
Finally, the President did not submit the Framework Convention on Tobacco Control, the international tobacco control treaty, to the Senate for ratification even as the treaty has become international law and 141 nations have ratified the treaty as of December 2006. The United States has already missed the first Conference of the Parties because it has not yet ratified the treaty, and unless action is taken, it will remain unable to participate in international negotiations to implement and enforce the treaty.
