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A bill that would give the FDA power to regulate tobacco products and would ban certain flavorings passed the U.S. House on Wednesday afternoon, but lawmakers carved out an exemption for menthol additives that is considered critical for at least two companies with local ties.

Both Greensboro-based Lorillard Tobacco and Commonwealth Brands, which has a factory in Reidsville, use menthol in some of their most popular products.

But the exemption angered some public health advocates and failed to placate Greensboro Rep. Howard Coble, a Republican who voted against the bill. He said the additional regulation could threaten what remains of the industry in North Carolina, including farmers and manufacturers.

“The Food and Drug Administration should direct its attention to its core purpose of making sure our food and medicines are safe,” Coble said in an interview. During the floor debate, he called the bill “ill conceived” and said, “Tobacco is a product that is lawfully grown, lawfully marketed, lawfully manufactured and lawfully consumed. We don’t need the FDA inserting its oars into these waters.”

Other local congressmen supported the measure, including Rep. Brad Miller, a Raleigh Democrat who represents parts of Rockingham and Guilford counties.

“I think there’s going to be regulation of tobacco, period. One way or the other,” Miller said. “The question is whether it’s reasonable and realistic.”

Backers of the bill say it will help discourage youth smoking and could help find ways to cut down on tobacco-related illnesses.

The bill passed the House on a 326-102 vote. A companion measure in the Senate also includes the menthol exemption in its draft form, but its fate is far less certain in that chamber. The Bush administration “strongly opposes” the bill, saying it would overburden the FDA.

This is the furthest this kind of tobacco regulation bill has made it through the legislative process.

Were the House bill to become law, tobacco producers and importers would be charged a fee that would pay for FDA regulation and would fund several studies, including whether the legal age to buy cigarettes should be raised.

The House bill also would prohibit tobacco companies from adding certain flavors to cigarettes such as vanilla, coffee or cherry. However, menthol — an additive that lends a mint flavor and cooling sensation to cigarette smoke — is specifically exempted from that rule.

Lorillard’s Newport brand accounts for more than one-third of all menthol cigarettes sold in the United States. An outright ban on the product would severely cut into company sales.

Lorillard issued a statement after the vote that took issue with parts of the bill, but said it was pleased by the menthol-related provisions in the bill.

The FDA could still end up banning menthol additives, but it would have to do so after a scientific study and going through an administrative rule-making process.

But the separate treatment frustrates William Robinson, who heads the Durham-based National African American Tobacco Prevention Network. His group withdrew its support of the bill over the menthol exemption.

“Over 80 percent of the smokers in the African American community smoke mentholated products,” Robinson said.

Menthol flavor, he said, is a key buzzword used in marketing cigarettes to minorities. “Why set menthol aside and not immediately ban it like fruit and candy flavors?” Robinson asked.

But others supporters of the bill said that it was more important to set up regulations to more tightly oversee tobacco and that an outright menthol ban could have made it harder to pass the bill.

“It’s an additive that’s been widely used and has been used for a long time,” Miller said. “It would be a significant economic disruption for Lorillard and Commonwealth to prohibit the use of menthol.”

Even with a resounding vote in the House, the bill could face problems in the Senate. And tobacco companies such as Lorillard said Wednesday they would continue to look for changes. In particular, Lorillard officials said in their statement that they think the FDA is the wrong agency to regulate tobacco.

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com