I recently testified before the Kansas legislature in
support of a resolution asking the state health department to review the scientific
evidence for tobacco harm reduction and its potential benefits for smokers. An American Cancer Society spokesperson opposed
the resolution, saying that because the U.S. Food and Drug Administration (FDA)
regulates tobacco, it is unnecessary and a waste of resources for any other
agency to review tobacco harm reduction.
As many of the proponents of the 2009 bill intended, this
new regulatory maze will condemn smokeless tobacco products, and therefore tobacco
harm reduction, to purgatory.
It is evident that FDA approval of a reduced risk claim for
tobacco products will require similar resources and a similar time frame. With this delay, cigarettes will continue to
dominate the American tobacco market, and 440,000 more Americans will die every
year.
In the absence of rational FDA regulation, nicotine-addicted
smokers should quit cigarettes and avail themselves of the many smoke-free harm
reduction products that are currently on the market. The roster of highly credible research and
policy experts endorsing tobacco harm reduction continues to grow, providing
more science-based support for smokers to switch.
The FDA should abandon regulatory fundamentalism that
condemns safer product development to a purgatory of red tape.
Following are the FDA’s five “key
areas of investigation” for a modified risk tobacco product:
1.
1. Health risks of the tobacco product
a.
Human studies that
show the product’s use will result in a significant reduction in harm and the
risk of tobacco-related disease to individual tobacco users.
b.
The health risks
associated with use of the product as compared to using other tobacco products
on the market, including tobacco products within the same class of products;
c.
The changes in health
risks to users who switch from using another tobacco product to using the
product, including tobacco products within the same class of products;
d.
The health risks
associated with switching to the product as compared to quitting the use of
tobacco products;
e.
The health risks
associated with using the product in conjunction with other tobacco products;
f.
The health risks
associated with switching to the product as compared to using an FDA-approved
tobacco cessation medication; and
g.
The health risks
associated with initiating use of the product as compared to never using
tobacco products.
2.
2. The effect the tobacco
product and its marketing may have on tobacco use behavior among current
tobacco users
a.
Nonclinical and/or
human studies to assess the abuse liability and the potential for misuse of the
product as compared to other tobacco products on the market; and
b.
Human studies
regarding actual use of the product and consumer perception of the product,
including its labeling, marketing and advertising.
c.
The likelihood that
current tobacco product users will start using the product;
d.
The likelihood that
tobacco users who adopt the product will switch to or switch back to other
tobacco products that present higher levels of individual health risk;
e.
The likelihood that
consumers will use the product in conjunction with other tobacco products;
3.
3. The effect the tobacco
product and its marketing may have on tobacco use initiation among non-users
(both never users and former users)
a.
Human studies that
evaluate consumer perception of the product, including its 774 labeling,
marketing and advertising.
b.
The likelihood that
consumers who have never used tobacco products, particularly youth and young
adults, will initiate use of the tobacco product;
c.
The likelihood that
non-users who adopt the tobacco product will switch to other tobacco products
that present higher levels of individual health risk; and
d.
The likelihood that
former users of tobacco products will re-initiate use with the tobacco product.
4.
4. The effect of the
tobacco product’s marketing on consumer understanding and perceptions
a.
Human studies regarding
consumer understanding of the product, including its labeling, marketing and
advertising;
b.
The ability of
consumers to understand the modified risk claims and the significance of the
information in the context of one’s health;
c.
Consumers’ beliefs about
the health risks of using the product relative to other tobacco products,
including those within the same class of products;
d.
Consumer beliefs about
the health risks of using the product relative to cessation aids; and
e.
Consumer beliefs about
the risks of using the product relative to quitting all tobacco use.
5.
5. The effect the tobacco
product and its marketing may have on the population as a whole
a.
Quantitative estimates
of the effect the marketing of the product, as proposed, may have on the health
of the population as a whole;
b.
Tobacco users who
switch from other commercially marketed tobacco products to the proposed
product;
c.
Tobacco users and
non-users who, after adopting the proposed product, switch to or switch back to
other tobacco products that may present higher levels of individual health
risk;
d.
Tobacco users who opt
to use the proposed product rather than cease tobacco use altogether;
e.
Tobacco users who opt
to use the proposed product rather than an FDA approved tobacco cessation
medication;
f.
Non-users who initiate
tobacco use with the proposed product, such as youth, never users, former
users;
g.
Tobacco users who use
the product in conjunction with other tobacco products; and
h.
Non-users who
experience health risks from the product.