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Previous Volume 359:2070-2071 November 6, 2008 Number 19 Next

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To the Editor: In 1998, Mark Berlind, chief legislative counsel of Philip Morris, drafted specifications for regulation of tobacco products by the Food and Drug Administration (FDA) that would ensure the continuing profitability of the Marlboro brand, provide a shield against litigation, and protect cigarettes from competition from less-toxic, smokeless tobacco products.¹ The current Family Smoking Prevention and Tobacco Control Act (H.R. 1108/S. 625) discussed by Brandt in his Perspective article (July 31 issue)² was negotiated between Matthew Myers of the Campaign for Tobacco-Free Kids and Mr. Berlind³ for purposes of securing an FDA bill with full support from our nation's largest cigarette maker. The text conforms to Mr. Berlind's 1998 specifications.

Despite the optimistic wording of the summaries used to attract endorsement and sponsors, we believe that this bill is so distorted in favor of Altria–Philip Morris that, if passed in its current form, it will do more harm than good in terms of future levels of teen smoking and future rates of tobacco-related illness and death. It can protect cigarettes or it can protect the public's health. It cannot do both.

Joel L. Nitzkin, M.D., M.P.H.
American Association of Public Health Physicians
Rolling Meadows, IL 60008-1842
jln-md{at}mindspring.com

References

1. Berlind MH. Tobacco regulation strategy recommendations. Philip Morris Company draft specifications for FDA regulation of tobacco products. October 1998. (Accessed October 17, 2008, at http://legacy.library.ucsf.edu/tid/bku63c00.) 
2. Brandt AM. FDA regulation of tobacco -- pitfalls and possibilities. N Engl J Med 2008;359:445-448. [Free Full Text]
3. Mullins B. How Philip Morris, tobacco foes tied the knot. [CTFK and PM collaborating on FDA legislation to regulate tobacco.] Roll Call. October 5, 2004. (Accessed October 17, 2008, at http://www.rollcall.com/issues/50_39/news/7035-1.html.)

The pending legislation differs markedly from the proposals previously put forward by Philip Morris. The bill has provisions that would require serious changes in the marketing and manufacture of cigarettes in the decades ahead, including the authority for the FDA to monitor and reduce levels of dangerous additives and nicotine. The improved warning labels — just one provision of the bill — could save thousands of lives.

Nitzkin is certainly entitled to oppose the legislation, but he fails to offer any evidence for his claim that the bill will lead to increases in teen smoking and tobacco-related mortality. His position conflicts with the positions of virtually all the leading public health and medical organizations that are committed to reducing the burden of disease that cigarettes generate.

Allan M. Brandt, Ph.D.
Harvard University
Cambridge, MA 02138
brandt{at}fas.harvard.edu

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