Bliley PM
Philip Morris Statement [FDA Regulation]
Abstract
Addresses pending Food and Drug Administration (FDA) "decision to assert authority over cigarettes." Asserts Congress and FDA "have consistently upheld that [FDA has no authority in this matter] for the past 80 years." States Philip Morris' position that "cigarettes are not for minors" and refers to company "Action Against Access" program. Indicates "smoking is a personal choice for adults" and that current warning labels are adequate. Argues against tax increases, notes "advertising is designed to foster brand loyalty", and states "there is less nicotine in the finished cigarette that that which is present in raw tobacco." Includes two copies of last page of document with different editing changes in marginalia.
Fields
- Company
- Philip Morris Cos., Inc.
- Type
- Draft material
- Position statement
- Author (Organization)
- Philip Morris Cos., Inc.
- Named Person
- Kessler, David A., M.D., J.D. (Former FDA Commissioner)appointed FDA Commissioner by President George Bush in December 1990.
- Named Organization
- Congress
- FDA
- Food and Drug Administration
- Operation/Project
- Action Against Access (Voluntary market/ad restrictions)Frequently referred to in the documents as AAA
- Keyword
- Brand loyalty
- Subject
- Adults
- Advertising regulations
- Cigarettes
- Federal level
- Government agencies
- Industry sponsored prevention programs
- Legislatures
- nicotine
- Regulations
- Taxes
- youth access
- Additives
Document Images
PHILIP MORRIS STATEMENT: /~'~,~._~I~~
WE HAVE RECEIVED N0~f'I-F!CATION FROM THE FDAABOUT ~
REPORTED DECISION ASSERT AUTHORITY OVER CIGARETTES.
HOWEVER, THE FACT IS THAT THE FDA HAS NO AUTHORITY TO
REGULATE CIGARETTE~AND BOTH CONGRESS AND THE FDA HAVE
CONSISTENTLY UPHELD THAT POSITION FOR THE PAST 80 YEARS.
LAST YEAR COHHISSIONER KESSLER SAID HE NEEDED DIRECTION FROM
CONGRESS BEFORE TAKING ANY ACTION ON THIS ISSUE, AND
~ HE HAS ~ RECEIVED ~ DIRECTION..- ~ ~j'6~- ~'~J~0
--PHILIP MORRIS' ]zOSITION IS THAT MINORS SHOULD NOT SMOKE, AND
fWE HAVE BEEN V~6~8~S IN OUR EFFORTS TO KEEP CIGARETTES OUT
/OF THE HANDS ~F MINORS.

WE AT PHILIP MORRIS._BELI~E_THAT_~SmQKING IS A PERSONAL CHOICE
~J~hkSKS OF SMOKING HAVE BEEN WELL-KNOWN FOR
/YE~RS, AND WARNINGS HAVE APPEARED ON CIGARETTE
PACKS FOR 30
}YEARS AND IN ADVERTISEMENTS FOR .~5 YEARS.
, .... _~
/ HOWEVER, CIGARETTES ARE NOT FOR MINORS AND WE
AND OTHERS IN
/ THE INDUSTRY ARE WORKING DILIGENTLY TO KEEP
CIGARETTES OUT OF
THEIR HANDS. JUST LAST MONTH PHILIP MORRIS
U.S.A. ANNOUNCED A
SWEEPING PROGRAM -- ACTION AGAINST ACCESS -- THAT WILL MAKE
IT EVEN MORE DIFFICULT FOR MINORS TO BUY CIGARETTES. THIS
FURTHER DEMONSTRATES OUR LONG-STANDING CO~94ITMENT THAT WE
DON'T WANT MINORS TO SMOKE.
INCREASING CIGARETTE TAXES IS REGRESSIVE AND PENALIZES ADULTS
WHO HAVE MADE THE DECISION TO SMOKE CIGARETTES.
CIGARETTE ADVERTISING IS DESIGNED TO FOSTER BRAND LOYALTY AND
TO ENCOURAGE ADULTS WHO SMOKE TO TRY OUR BRANDS. TO RESTRICT
OR OTHERWISE REGULATE CIGARETTE ADVERTISING IS AN
INFRINGEMENT ON THE TOBACCO INDUSTRY S RIGHT TO COMMERCIAL
FREE SPEECH TO REACH THOSE ADULT SMOKERS.
NICOTINE IS A NATURAL COMPONENT OF TOBACCO, AND THERE IS LESS
NICOTINE IN THE FINISHED CIGARETTE THAN THAT WHICH IS PRESENT
~RAW .TOBACCO.
TOBACCO ALREADY IS A HIGHLY-REGULATED PRODUCT. CONGRESS HAS
ADDRESSED THE ISSUE OF WHETHER THE FDA SHOULD HAVE AUTHORITY
TO REGULATE CIGARETTES NUMEROUS TIMES OVER THE PAST 80
YEARS
AND CONSISTENTLY CONCLUDED THAT THE FDA SHOULD HAVE NO ROLE
IN THE REGULATION OF CIGARETTES.
---B~/ COMMISSIONER KESSLER SHOW'ONCE AGAIN THAT
HE FEELS GOVERKMENT SHOULD BE DICTATING LIFESTYLE CHOICES TO
AMERICA'S ADULTS. THAT'S NOT THE MESSAGE AMERICANS SENT TO
WASHINGTON LAST FALL. ~ p~ ~l~ ~,~ ~g~ ~4~4~

MADE
TO
OR
ZNG TAXES IS REGRESSIVE AND PENALIZES ADULTS WHO HAVE
E DECISION TO SMOKE CIGARETTES.
ADVERTISING IS DESIGNED TO FOSTER BRAND LOYALTY AND
ADULTS WHO SMOKE TO TRY OUR BRANDS. TO RESTRICT
REGULATE CIGARETTE ADVERTISING IS AN
INFRINGEMENT ON THE TOBACCO INDUSTRY'S RIGHT TO COMMERCIAL
SPEECH.
BELIEVE THAT SMOKING IS A PERSONAL CHOICE FOR ADULTS. THE
RISKS OF SMOKING HAVE BEEN WELL-KNOWN FOR YEARS, AND WARNINGS
HAVE APP~ bRED ON CIGARETTE PACKS FOR 30 YEARS AND IN
ADVERTISE
NICOTINE
NICOTINE
IN RAW T<
HENTS FOR 25 YEARS.~.h
IS A NATURAL COMPONEN~ OF TOBACCO, AND THERE IS LESS
IN THE FINISHED CIGARETTE THAN THAT WHICH IS PRESENT
,BACCO. <

TOBACCO ALREADY IS A HIGHLY-REGULATED PRODUCT. CONGRESS HAS
~ADDRESSED THE ISSUE OF WHETHER THE FDA SHOULD HAVE AUTHORITY
TO REGULATE CIGARETTES NI/MEROUS TIMES OVER THE PAST 80 YEARS
AND CONSISTENTLY CONCLUDED THAT THE FDA SHOULD HAVE NO ROLE
IN THE REGULATION OF CIGARETTES.
~PM AND OTHERS IN THE INDUSTRY ALREADY ARE WORKING DILIGENTLY
TO KEEP CIGARETTES OUT OF THE HANDS OF MINORS. JUST LAST
MONTH WE AAINOUNCED A SWEEPING PROGRAM -- ACTION AGAINST
ACCESS -- THAT WILL MAKE IT EVEN MORE DIFFICULT FOR MINORS TO
BUY CIGARETTES.
INCREASING TAXES IS REGRESSIVE AND PENALIZES ADULTS WHO HAVE
MADE THE DECISION TO SMOKE CIGARETTES.
CIGARETTE ADVERTISING IS DESIGNED TO .FOSTER BRAND LOYALTY AND
TO ENCOURAGE ADULTS WHO SMOKE TO TRY OUR BRANDS. TO RESTRICT
OR OTHERWISE REGULATE CIGARETTE ADVERTISING IS AN
INFRINGEMENT ON THE TOBACCO INDUSTRY'S RIGHT TO COMMERCIAL
FREE SPEECH.
WE BELIEVE THAT SMOKING IS A PERSONAL CHOICE FOR ADULTS. THE
RISKS OF SMOKING HAVE BEEN WELL-KNOWN FOR YEARS, AND WARNINGS
HAVE APPEARED ON CIGARETTE PACKS FOR 30 YEARS AND IN • ,
ADVERTISEMENTS FOR 25 YEARS . _~~ ~ ~ ~_~ ~w~/~x~
NICOTINE IS A NATURAL COMPONENT OF TOBACCO, AND THERE IS LESS
NICOTINE IN THE FINISHED CIGARETTE THAN THAT WHICH IS PRESENT
W TOBACCO ~
