Then, learning of our DayOne broadcast tonight, the FDA sent out this letter on Friday. Quote, evidence brought to our attention is accumulating that suggests the cigarette manufacturers may intend that their products contain nicotine to satisfy an addiction. That's why the FDA says it may have the legal basis on which to regulate these products. But they can't, of course. That's because nicotine is regulated in every other form including nicotine patches and nicotine gum, which people use to quit smoking.
Cigarettes are the exception.
That's because the tobacco industry has been highly successful in getting Congress to protect it from regulation, according to Dr. Connolly, the Massachusetts health official. Every major piece of health legislation since 1964 has had a specific exemption for cigarettes. Whenever two members of Congress are gathered together, you can probably find tobacco money. But the FDA has indicated it doesn't need Congress' permission to act though it wants its guidance. Even without legislation, the FDA believes it already has the legal authority to act on its own.