• Ad Age, Thursday, April 3, 2008 11:30 AM

Legislation that would turn tobacco regulation over to the Food and Drug Administration and ban the use of color and imagery in most tobacco advertising sailed through a House committee today on a 38 to 12 vote. Ad groups warn that curbs are unconstitutional, but the argument went unheeded as the Energy and Commerce Committee sent the legislation to the House floor, where its co-sponsorship by more than 200 members seems to assure its passage.

A Senate committee has already approved similar legislation and a floor vote is expected this spring. The House legislation in effect switches the federal government's oversight of tobacco from the Federal Trade Commission to the FDA, and directs the FDA to implement the tobacco ad curbs first proposed by then-Commissioner David Kessler in 1996. The Supreme Court eventually ruled the FDA didn't have authority to issue the regulations.

Advertising groups contend the legislation amounts to a de facto ban on tobacco ads. They object not only to the ban on imagery but also to a requirement that 20% of ads be used for warning labels.

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