Rep. Duncan Hunter, R-Calif., sent a letter to FDA Commissioner Robert Califf on Thursday demanding a further clarification of the rules that went into effect in August. The move comes amid reports from several companies and charities that they're stopping distribution of free tobacco products to deployed troops, in fear of violating federal rules.
"Tobacco manufacturers and distributors have long taken part in a time-honored tradition of donating tobacco products to service members, often while deployed," Hunter wrote in his letter. "These donations routinely improve morale and serve to relieve stress.
"It would be unacceptable for the FDA to prohibit the distribution of tobacco products to service members who are fighting to protect those very rights that may now be restricted."
The new FDA rules expanded the list of products covered under existing tobacco regulations, including cigars, hookah tobacco, e-cigarettes and other smokeless tobacco products.
They also prohibit "free samples of cigarettes and free samples of smokeless tobacco, except in qualified adult-only facilities."
That stems from the 2009 Family Smoking Prevention and Tobacco Control Act, passed by Congress as a way to regulate sale and distribution of tobacco products. In the legislation, lawmakers approved prohibiting "the charitable distribution of tobacco products," which included cigarettes and certain other products.
But the expansion of the rule last month brought even more items in line with the ban on tobacco gifts. FDA officials have said the rules do not apply to friends or family members sending tobacco products to troops overseas, just to manufacturers and vendors handing out free cigars and products.
Hunter -- who earlier this year drew criticism for vaping during a congressional hearing on smoking regulations onboard passenger flights -- has criticized the FDA's expanding regulations in the past, and said the recent reports of troops' care packages being targeted are "adding to my growing list of concerns."
FDA officials said they are planning a response to the congressman. The agency has spent the last several months warning of the upcoming changes and providing information on its website on how customers and retailers would be affected.
Earlier this year, defense officials announced plans to end discounts on the price of tobacco products at stateside military bases in an effort to discourage young troops from picking up unhealthy habits. The military estimates that tobacco use costs the department more than $1.6 billion annually in health costs and productivity impact.
Leo Shane III covers Congress, Veterans Affairs and the White House for Military Times. He can be reached at lshane@militarytimes.com.
Leo covers Congress, Veterans Affairs and the White House for Military Times. He has covered Washington, D.C. since 2004, focusing on military personnel and veterans policies. His work has earned numerous honors, including a 2009 Polk award, a 2010 National Headliner Award, the IAVA Leadership in Journalism award and the VFW News Media award.
