Regulatory Strategy Project

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This article is part of the Tobacco portal on Sourcewatch funded from 2006 - 2009 by the American Legacy Foundation.

The Regulatory Strategy Project is an internal Philip Morris project that started circa 1999 to enact U.S. Food and Drug Administration (FDA) regulations on the company's own terms.

Philip Morris traditionally has strongly opposed regulation of cigarettes by the U.S. Food and Drug Administration (FDA) until 1997, after which time PM completely reversed itself and started aggressively seeking FDA regulation on its own terms. PM called the effort its Regulatory Strategy Project. PM's Core Principles of regulation (what it would accept and what it would not) were laid out in 1999 and included preventing FDA from requiring unpalatable modifications to cigarettes, preventing FDA from banning cigarettes, keeping FDA from regulating marketing and sales by using the 1998 Master Settlement Agreement as a shield, attempting to include an element of state preemption in the regulations [1] and appearing to regulators and the public to want to "Focus on dialogue rather than present specific proposals."[2] Despite wanting to appear as though it was not presenting specific proposals, Mark Berlind of PM commissioned the industry law firm of Arnold & Porter to draft PM's favored proposed FDA legislation.[3] The Arnold and Porter draft contained all of PM's core principles [4]

Related Sourcewatch resources

External resources


  1. Philip Morris Sound Bites Attorney work product. December 22, 1999. Bates No. 2075733351
  2. Philip Morris Talking Points Our Position on Federal Regulation of Cigarettes Report. April 11, 2000. Bates No. 2081523047/3048
  3. Jack Holleran, Philip Morris Management Corporation FDA Legislation Memorandum. August 2, 2000. Bates No. 2081522996
  4. A bill to provide for the regulation of cigarettes and smokeless tobacco products by the Food and Drug Administration under a separate chapter of the Food, Drug, and Cosmetic Act Draft legislation. 27 pp. January 31, 2000

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