FDA Commissioner's Departure Sparks Hope, Uncertainty for Tobacco Industry
Scott Gottlieb was known for taking on the tobacco industry during his time as commissioner of the FDA. He plans on leaving at the end of the month and the tobacco industry is exercising cautious optimism that his successor will not focus on tobacco regulation.
March 07, 2019 at 05:37 PM
3 minute read
Dr. Scott Gottlieb's forthcoming departure from the U.S. Food and Drug Administration has sparked confidence in the tobacco industry while also leaving some uncertainty about what's next on the regulatory front.
While there has been no immediate changes to policy or enforcement action based on Gottlieb's decision to leave the agency, stock prices for tobacco companies rose Tuesday afternoon following the announcement. According to Nasdaq, Altria's stock rose by 1.5 percent and British American Tobacco's stock rose 1.9 percent.
Azim Chowdhury, a partner at Keller Heckman in Washington, D.C., said Gottlieb's departure could be a relief to those in the industry.
“Folks [in the tobacco industry] are hopeful that this could signal a change that could benefit the industry,” Chowdhury said.
Chowdhury said Gottlieb gained a reputation within the Trump administration for not easing up on regulations, particularly for the tobacco industry. Chowdhury added he wouldn't expect to see sudden deregulation in the interim while the administration looks for a replacement.
“I think they will continue implementing the policies they have in place and will continue to come after companies that are selling products that are unauthorized,” Chowdhury said. “I'm sure those things will continue without delay.”
Matthew Myers, president of Campaign For Tobacco-Free Kids, said in a statement that Gottlieb's time as commissioner was beneficial toward public health and he should be lauded for his work in shining a light on youth e-cigarette and vaping use.
“However, to date, none of his proposals have been adopted, and there are no rules in place to prohibit the sale of the flavored, high-nicotine products that have led to the skyrocketing use of e-cigarettes by our kids,” Myers said in the statement. “Commissioner Gottlieb's legacy will depend on whether his many proposals are implemented and, in the case of the youth e-cigarette epidemic, strengthened going forward.”
Despite the appearance of the tobacco industry being happy that Gottlieb will be leaving the FDA, he did help extend the deadline for premarket review submissions for new products, Bryan Haynes, a partner at Troutman Sanders in Richmond, Virginia, said.
“Another notable effort of his was to address underage consumption,” Haynes said. “He spoke about a number of initiatives in November to address this; the bulk of which have not materialized.”
Most recently, Gottlieb sought to ban flavored types of tobacco, which the industry has fought. Haynes said stricter enforcement of selling to underage smokers is the answer rather than putting an outright ban on flavored tobacco products.
Haynes said there is a sense of mystery among those in the tobacco industry about what to expect next and whether Gottlieb's planned regulations on the industry will be implemented before he leaves.
“It's a good question that everyone in the tobacco space is asking; how will all of Gottlieb's initiatives be pursued by his successor?” Haynes said. “The question I have is whether those initiatives can be implemented quickly.”
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