Tobacco Companies Back in Fed's Sights

Makers of cigarettes and smokeless tobacco are back in the government's sights, and the nation's top health cops are especially concerned over anything construed as marketing to kids.

The Food and Drug Administration is putting rules in place restricting the sale and marketing of tobacco products, a plan first proposed in the mid-1990s. The big tobacco companies, including Philip Morris International and R.J. Reynolds Tobacco Co., agreed to voluntarily abide by the restrictions the FDA proposed back then.

But the FDA didn't have legal authority over tobacco companies until last year when President Obama signed the Family Smoking Prevention and Tobacco Control Act into law. That law gives the FDA authority that it's using now to keep the tobacco companies in check.

After last year's anti-smoking law was passed, the initial reaction from R.J. Reynolds and some smaller tobacco companies was to sue the government saying that some provisions violated their First Amendment rights. The cigarette makers say they don't have any beef about being watched by the FDA.

And, of course, no company wants to look like it's opposed to the announcement this week by the FDA, which is designed to stop children from smoking. The rules, which go into effect in June, are aimed at both the tobacco companies and retailers who sell the products. It prohibits distributing free samples of cigarettes, tightens restrictions on marketing or sponsorships and limits where tobacco can be sold. Despite a number of existing laws on tobacco sales and promotions, 4,000 kids under 18 every day try their first cigarette and a 1,000 become daily smokers, the FDA says.

"Virtually everything in this announcement is already in place," R.J. Reynolds spokesman David Howard tells CNN. "What's important to note is that since 1996, tobacco use among youth has declined significantly, and that is a very good thing and should continue. We look forward to working with the FDA on this and other matters of interest moving forward, because we believe cooperation and open dialogue is the best approach to developing an effective science-based regulatory framework for the tobacco industry."

But there's a big difference between a voluntary industry-policed initiative and a federal mandate. With the force of the FDA behind tobacco restrictions, it's bound to have a noticeable impact on the business.