A proposal to give the Food and Drug Administration the power to regulate tobacco products appears dead for the year, but anti-smoking advocates say they expect it to pass in 2009.

The measure passed the House this summer with overwhelming support, but a threat from Sen. Richard M. Burr, R-N.C., to block it and a veto threat from the White House helped stall it in the Senate.

The Senate left town last week without bringing it up for a vote and is unlikely to do so even if lawmakers return after the election.

William V. Corr, executive director of the Campaign for Tobacco-Free Kids, a public-health advocacy group, said he expects shifts in the political landscape will ensure passage in 2009.

Unlike President Bush, John McCain and Barack Obama strongly support giving the FDA the authority to restrict tobacco marketing and set standards for nicotine levels in cigarettes.

And an increase in support for the measure in the Senate this fall will make it harder for Burr to block the bill next year, Corr said.

Many in the public-health community say the measure would reduce smoking rates and cut down on tobacco-related deaths.

But some opponents say government oversight could mislead the public into thinking smoking is safe. And others, including Burr and the current FDA head, say the agency is too burdened with other activities to add tobacco to its portfolio.

"Nobody's been able to answer the question of how FDA regulation would make tobacco products safer," said Chris Walker, a spokesman for Burr.

The legislation is supported by Philip Morris USA.

Opponents of the legislation -- including Reynolds American Inc. -- say predictions of certain passage are too optimistic.

"Clearly this past Congress seemed to be their best opportunity to date to pass this bill. It didn't happen. The basic question is why?" said Tommy Payne, executive vice president for public affairs for Reynolds.

Contact Sean Mussenden at smussenden@mediageneral.com or (202) 662-7668.