But Congress can still raise cigarette taxes and regulate nicotine as a drug.
The provision would have required a cumbersome process to further regulate nicotine.
Never before has the F.D.A. had the authority to regulate nicotine.
These might include Federal power to regulate nicotine under the Food and Drug Administration.
New Jersey and other states may not be able to regulate nicotine.
Dr. Kessler's biggest battle has been his effort to regulate nicotine as a drug.
It would preserve the Food and Drug Administration's full authority to regulate nicotine.
He said Congress might consider regulating nicotine as a drug.
He said he was particularly concerned about preserving the agency's "ability to regulate nicotine."
Two national antismoking groups said it was the first time a bill to regulate nicotine as a drug had survived any vote in a legislature.