A loophole in a sweeping tobacco regulation bill, H.R. 1108., would give the industry a 21-month window to introduce certain new products without first getting federal approval.

The measure would empower federal public health authorities to regulate tobacco.

But some tobacco foes say the 21-month escape clause would let companies start marketing cigarettes and other products in the development pipeline before the Food and Drug Administration has fully ramped up to regulate them.

Massachusetts Sen. Edward M. Kennedy's office says the provision isn't a favor to the industry. Instead, it's in the bill to give the FDA some breathing room to set up its new tobacco division.

The bill has passed the House and has the support of a majority of senators. But the Bush administration has threatened a veto.