President Obama has signed a new bill into law giving the FDA unprecedent ability to regulate both the marketing campaigns and product development of tobacco companies:

From CNN: Obama Signs Bill Putting Tobacco Products Under FDA Oversight

The Family Smoking Prevention and Tobacco Control Act gives the FDA power to ban candy-flavored and fruit-flavored cigarettes, widely considered appealing to first-time smokers, including youths. It also prohibits tobacco companies from using terms such as “low tar,” “light” or “mild,” requires larger warning labels on packages, and restricts advertising of tobacco products.

It also requires tobacco companies to reduce levels of nicotine in cigarettes.

As reported by Yahoo! News as well: further restrictions will be placed on where marketing tobacco companies are allowed to advertise:

Another main provision, a ban on advertisements within 1,000 feet of schools and playgrounds, is already being challenged by the industry and First Amendment groups. “My concern is that a key element of the bill will be made illegal by a decision of the Supreme Court, and that will cascade through the states as well,”says Cheryl Healton, president of the American Legacy Foundation, a national antitobacco group. In 2001, the Supreme Court struck down a similar law in Massachusetts.

Fantastic.  I’ts good to know that cigarettes are being treated as harshly as convicted pedophiles.  While anti-smoking advocates are ecstatic with the ruling, so is Philip Morris, for reasons its competitors say are less than altruistic.  I have to agree with the other cancer-stick-peddlers on this one: telling companies in no uncertain terms that they can’t use grassroots marketing, differentiated marketing, buzzword marketing, or be anywhere near schools or playgrounds will ensure that Philip Morris, the current tobacco monopoly, will stay that way for years to come.

Some are also worried the FDA’s involvement will engender an even more dangerous type of marketing from Philip Morris: the first “FDA-approved,” or “risk-reduced” cigarette, if there is such a thing.  Given Philip Morris’ newfound potential to be the kingpin of cigarettes, and its financial advantage concerning R&D, it’s easy to see Philip Morris trying to make cigarettes the kind of sexy yet safe, doctor-approved entity they were in the 1920′s.

From Slate: “Philip Morris’ quest for governmental approval is not masochistic: There are solid business reasons for it. The company, which commands more than half of the U.S. tobacco market, earned $20 billion last year from domestic cigarette sales. But that market is, literally and figuratively, dying off at 2 percent to 3 percent a year. Philip Morris sees the future in a line of “safe” cigarettes it is developing. An FDA stamp of approval for them would be a major marketing asset. With its commanding share of the U.S. market, the company figures it can work within FDA rules to swamp its smaller competitors.”

Where does the quest for a free market trump the quest for ubiquitously good health?  I have no idea.  In unrelated news,  leaders in government are all suggesting  ideas for healthcare reform, the latest being Judd Gregg.  They all seem to contain increased emphasis on prevention as well as coverage.