Tobacco Documents Online

917i5'~47

Review o f Activity on FDA Proposal December 1995

REVIEW OF ACTWITY ON FDA PROPOSAL Table of Contents A. Comments to the Docket and Related Activities Tab 1 Agriculture Tab 2 Organized Labor Tab 3 Wholesaie/)iistributor and Retail Tab 4 Advertising, First Amendment and Free Speech Tab 5 Veterans Tab 6 Other Businesses Tab 7 Think Tanks Tab 8 Sports Sponsorship Interests Tab 9 Smokers' Rights Groups B. Media Relations Tab 1 Agriculture Tab 2 Organized Labor Tab 3 Advertising Tab 4 Economists

RESPONSE TO FDA PROPOSAL Activi Due Au Se t Oct Nav Dec Jan Feb Mar A r INDUSTRY RESPONSE TO DOCKET . 1096. ' ~ - / Assembleteam8makeassignmenls complete x--: + I ~ • Lead counsels and others meet complete x x , ~. . , I • Comments outlined camplete x I • Sectlans assigned ... . eamplete x .. . ( r .._.. ./ Research identified & initiated ecmplete s-• • Economic impact of iOUposal comp/ete x . • Update of intemational studies of ads complete x , • Infonnationfiomalliessolicited complete x---I -...• ••••• • Studies cited by FDA rebutted complele I .."' --"" J ReSearnhcomplete 12115 . ...... ...... ..... +doe J Circulate draft comments 1 2101-12)15 . ~ due J Flnalizerammenls ' . 12/15 '2f20 due d Oommentproduction i 12/20-12/23 due • Submisslon 01102196 I . due. f THIRD PARTY RESPONSE NATIONALORGANIZATIONS alru2l96 " J Assemble team complete x-- -• f ~ . PubhcaRalrspersonnetmeettddetermine ' complete . ~ . stiategyandcontracts i I d Identifyoppodunities camplete x - ~-- -- - ---• • LislsPfatqaAizatlanscompRedend complete a x---- F• - ' ' coordinatea . . . ' . . .. ... • Labor: 3 internationals', more than 50 state and comp:ele x .- .. ..... ...... local groups: labor support groups representing women and minorities • WhalesaleandretaiChundredsof comptele r ..-.. .^- •• .••-• atganlzalionsIdentified • Advertising and 1 st Amendment: FAC, compete s r- representing sis advertlsing associalions, four ~ major 1st Amendment groups; two advertising/public policy experts • Veterans:VeteransRightsCoalition complete ..... i ..^• • Otherbusiness',cpmpanysuppliers; complete ~ x- ---- ----- ---- , pharmaceolical, medical devices', beer', wine', ! ' I mea1: National Assoclation of Manufacturers'. ~ Chamber of Commerne; minority advocacy and business groups: Narional Licensed i Beverage • Thlnktanks:pnedozenIdent7fled complete x.- I -- --- ---- + • Spons sponsorship interens's access; event comFlete driven opportunities { • Agr1o+rlture:Fanobureausinsixstates,FlUe- pPmmplete x• -.. . 1----- •--- ~--r . . Cured Tobacco Stabillzatian Corp., Burley . Stabilization, Burley Tabacca Gmweisr Associatlon and more than 25 other . j , agdculluaEgroups ` , ~ -... l . i . I

an'' D J Pdake assignments I complete • Eacn opanizalion identifletl assigned toan . intlivWuatantFieteam. . ~/ Provide assistance • Persi)nal contact wlorg2nizatians to: angoing - DetenninelpteresUawarenese oagoing ~ ~. OFferBStistance(i.e,Oraflipg;hatsfor ongoing eVenTSf letter wnting b6olts:,•j ! J Bdefings and speaking engegements fo encourage ongoin Ig activity ~ • Personai wntaGS, fofmal sntl IntomwS informalion shsring - 9peaking engagements for indusfry reps i ongoing g mare than 25 na0., state or other meetings I - Letterwriting klL4infnrmation dislnbuled @ event3 end meettngs ongoing V Statuschecks ongoing I • WeeHty conferenue catls wllb team I STATE AND LOCAL ORGANIZATIONS I V Assemble team i • State acitvitles representatives meet to I determine strategy I complete complete • First tanets[ state 61oCal legislators ' ocgofng • Secondwave:stateSlocalbusinessgraVps II ongoing J ldenllfybpporturilties' . ' - j compleie • InCividual resAonsihle for each sYate has meetinglcanference call to receive impaG on state opportunities J Make assignments complete • One individual responslbie for each state complete J angoing Provide asiislance • Letter and comment draRing angoing . . _.. . .... -. •~ Speaking engagements d briefmg3 or,going • Fomlal and informal bnefings-more than 1t10 ongoing conductetl J Status eM1ecAS ongoing • Weeklycanferencecalis Aug x Sep[ i Oct ~ Nav ~ Dec x~...... x.. {...... x x x I x-. ..... .L..... ~.....t OOLITICAL RESpONS 1E J Preparematarlalsforleglstanveuse comFlele ~ e/t5 ~ . . BdeRngbookonFDp-reiatedissues wmplete ~ x • Talkingpolnlsonindu5tryposltions I complete xL x • DrsRfioarspeechesandstatements i ongoing ...... J^re• Draft media statements I ongoing xi -.1 I Jan ' Feb~_ Mar 1 ppr

Activi Due Au Se t Oct Nov Dec Jan Feb Mar A r J Labor media outreach includes: . Pres~ r risP's w'erR issuedhy 6C'tiT, [AM and ' s to e Fr feral eresidents in VA, GA, KY and i .. Nc 5hci rdetal Wei6ers union aL,u t sued a pres • BC&T News highlighted FDA w/call to action in ~ last two issues ~ Ercuuiage 3rd party outreaaheffotts ongoing x .. •- .. .• . ... . .. . . . - • - • J Coordinate ongoing efforts ongoing x--- ------ --- - -- ...... ...... • { I ----+ P.=gularmeeGri9s.conFerence'calls . angofng ....a. ----- . .----- -- - --_ ------ * ----, d Revise strategy to look ahead Dec 15 x.... - ~ due . ... .Draftpost-commentstrategyto.. . . . . . . .. . . . .. - Frame debate on rep implications ongoing x..... . ----- ----- ----+ -. Undedakenewroundofoutreachtokey ongoing z-.... ...... -•--- ~•--. media ' - Provide briefng/news events on 1/2196 ongoing due J Draft new matedals Jan 2 z.... • ..... ~ due. • Highlighting industry submission, materials include summary info., new press release, key info, developed during during comment period J Agree on post-comment activities Dec 15 ----- due r Conduct joint editorial board visits 01196-04196 x---- ..... ..... --.-. d Omreachtnmorethan100columnisis&key 01/96-04/96 . . x---.. -,--.- -.~..• ---.-. reporters. ... . . . r Radio talk show pitches to top 100 talk shows 01198-04196 x-.-- --.--- ----- -----• J Encourage additional allied activities 0119i3 - 04/96 - z ----- ----- ----- -----a • Work w7allies to encourage: .- BriefingsancommetttstoFOA.. . .... •ongoind . .. .. .- ----'. .."'• Additionalroundofeditorialboards, x•••' -----' --•--' ----~ columnists and key reporter brtefings in . target markets ~.,f COOrdinPivfutindusiry-' ..

~~Carciin.zl L~i

~ L9 C9 ~;1

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES AGRICULTURE Completed Comments • Tobacco industry representatives and others addressed members at the annual conventions of the Farm Bureau Federation in all six major tobacco-growing states. A message of opposition to FDA's proposed regulations was delivered to more than 5,000 farmers in:  Georgia  Kentucky  North Carolina • South Carolina  Tennessee  Virginia  Attendees were encouraged to submit comments to the docket and their Members of Congress. Informational materials, pre-printed postcards and paraphernalia, such as hats and bumper stickers, were distributed to thousands.  At the North Carolina Farm Bureau meeting, Senators Bob Dole and Jesse Helms, as well as Governor Jim Hunt, addressed the issue of FDA regulation. • Tobacco industry representatives also attended many other agriculture meetings, shows and conventions this summer and fall. Booths, under the banner of the National Tobacco Council, distributed thousands of pieces of informational material, pre-printed postcards, and paraphernalia to attendees at the following events: • The Sunbelt Agricultural Exposition (Moultrie GA) 250,000 people were estimated to have attended this event.  The Mid-Atlantic Farm Show (Wilson, NC) about 100,000 people were in attendance.

Aclivi Due Au 3e t Oct Nov ~ Dec Jan Feb Mar A r MEDlARESPONSE"__. ._.. ._... r _... . I 4 ". / Preparefirstroundafmatenals complete 8110 •Onepagersankeyissues complete x • Judediciion complete x • Adsandyouih complete j x " - Constitutional implications complete x ~ . - Levels of yauth smoking . complete x J Respond to initial actlvily complele x+ 9/15 . Resportdtarumorsa0dasseftlonof cqmplfte A•-•- --. judsdictlon i - All major A,M, television talk shouvs ` complete x.. .. . - Repeatedappearancesanma/or I compiele x.- - nehvarks i - More than 25 major radio & television talk complete , x. - shows • !Aorethan100majorprintlntervie.vs ~ compL=te x-- - - A dozen columns in USA Today and other complete x editorials I I V Re:mematerials ongoing r x-- ...... --- ----- ...... ...... --•t f • Update and refine matenals , I I - Rebulantfs•slud?es' - Incorporating research infovoalion and 1' i new studies I I ~ Assembteindustry-witleteam complete I x-q eH5 ! ~ k • Key medla/publlc affairs personnel convene I I to. - CooNinateoneafngeHOas ongoing i x-•-_I ...... ..... ..... . ..:.. . .. - ..:::. . . _--.- .. ..... - Targetmarkets/newsreporters ongoing ..... ..... --- --• Provideunifiedstrategy ongoing x-..._ L ..... ...... ..... ..•.• •.-,... ...... ..... ~ Incorporatealliesandactivilies ongoing x . ... ...- -..- ..... ....• • Key team reports an alied acliv0ies - Assistance/infannaticnprovided ongoing ..... .. -- --"• v Agricultural media outreach includes: • Flue-Cured Stabilization Corp, has conducted over 200 interviews • Farm bureaus in six lobacco states have dis3ributed op-eds to more than 300 media [ outlets • Inlervlews with more than a dozen other agdcuttural groups have been conduCed by I i I major and other media l ~I • Eacn fartn bureau in the slx tobacco states . i 4 has promintly featured the FDA issue in their j Ill f own publications- reaching mme than a ' , million people i ••Senter in the Hall• newsletter lo 40,000 i farvers ranchers, etc. •' Special TN Fa[m Bureau FDA Inailing to i ~ e0o,DOo

Activil Due Au Se t Oct Nov Dec Jan Feb ~ Mar ~ A r d Assembieteam oomptete {{{ I 8/t0 I ~ ~ ~ ~ • Federal relations team meets to discuss initial complele I x strategy T • Dlsinbsemformehon ongamg I - Pmvide bnefngs oogoing I • LetlersfmmAislnd .... ar~90•ng ~. ~x .... L..._ ~...~.: . .. ....: [~ .. -..... - Weekly meetings ongoing x '-- - - ..... -. - d IdeMi/yoppodunities i complete 1 glt5 ' . d Bnefings8one-on-ones ongoing a.. ..... ..... ....•. ..... ...... ..... ..- ---. • FonnalbnefingforHouseanffSenate.staHih comptete -.x Sept. ~ • Canstant0owofmarethsn60Intormaland ongoing .x.... ..... ..... onean-pnes • State and district speci('w information provided ongoing x. . ....... ..... ---+ , to more than 20 members on state laws end 1 regulations goveming youth access ~ Frovide assistance ongoing z. ....... ..... ..... .... I ...... ..... ..... • Encouragemembet3tovoic, newsanFDA cngoing ..... ...... .. ---- ..... proposal • 53membersrequealextensiontocomment complete 1a13 ' penad • DearColieaguelettercircuiatinginSenate ongoing I z--- --- ' urging opposgion to regulation I ; I • Letter circulating in House urging opposition to ongoing ; x . regulation i~ • ONerkeymamhershaveCommMedto ongoing ~ due I sending intlir9duat letters to docket • ThreeMemberssenttoFDArequesting ongoing x'... . .. . ... .... ~ information an expenditures and sta/fng to 1 1 develop regulation . . . . ,.._.. ... . ' ._ -_ • Follow. uponleflers . argolrig : x .: ..- -.-.- -. -- ...-- f . ._ V Monitorlegislatian ongoing x- -- .".' ..... ...... -..-- --.-. .... + . Stxb111sintfrciducedtolimitdrdenyFDA ongoing.g x.- ....•• -.--. .•.- ..... _...... •.... .. . . propbsai- - . J Counteranti-adivity ongoing s .. ...... ..... ..... ...... ...... ..... ..... ...... .Theancs•pledge;.AMAtargetingof ongaing z - .... - •••••• °-~ membees, anti's polls and •studies,' an€i's . . generatingmail' . I Coordinalew/allies ongoing x-- .... ....- ..--. .- ... ..... ...... JAgdcukure: third party cVntacls ' . • 128000petitionsignaturesdeliveredto complete x" Members of Congress in SC. KY. GA, KY. AL j • Congressional delegates from NC, SC. GA, i complete x- IN, OH, MO, Pl TM, KY. VA contacteG one . or more times by one or more ag groups • In January, major industry presence at American Farm Bureau Federation annual i meeting (Clinton invited to atlend) J Lab olPbliticaiContads . ....... ....... .. ... . ..... .. .... . ..... ~ . • LMC coni2cting 50 Members of Cangress . . . • LMPconi5cling4g Members inhame tlistncts ongoing a. . . J d Conduct in-tlistnct briefings . DedJan . x.. . r^ I N • 80keyds€riUStargeled DeGJan ( x-• - - > • Assignments to state lobbyists to organize DetlJan I x bnefings I

Tab 5 Free Enterprise/Pro-Business Groups Tab 6 Tobacco Institute Representatives C. Third-Party Political Contacts -- Federal Tab 1 Agriculture Tab 2 Organized Labor Tab 3 Other D. State Political Contacts Tab I Summary Tab 2 Policymakers Tab 3 State Organizations E. Federal Political Contacts Tab 1 Summary Tab 2 Political Opposition to the FDA Rule Tab 3 Response to Anti-Tobacco Activity Tab 4 Briefings and Meetings with Members of Congress and Staff Tab 5 Congressional Inquiries into FDA's Rulemaking Procedure Tab 6 Congressional Responses to Constituent Letters

. Tobacco industry representatives briefed tobacco groups and distributed letter- writing packets at several annual meetings:  Burley & Dark Leaf Tobacco Association (300 people attended)  Tobacco Exporters of the U.S. (250 people attended) • Tobacco Institute representatives briefed 30 agribusiness leaders from Florida on the proposed FDA regulations. . Tobacco groups have held letter-writing dinners where attendees were briefed on the FDA issue and wrote letters to the docket with copies to Members of Congress. Industry representatives were on hand at the following dinners in Kentucky:  Eastern Dark Fired Tobacco (450 attendees)  Western Dark Fired Tobacco (700 attendees) • The Flue-Cured Tobacco Cooperative Stabilization Corporation encouraged FDA submissions from individuals via two mailings of nearly 4.i,000 (each) to farmers and others interested in the agricultural aspects of tobacco. The issue also has been addressed in the group's last two newsletters to those same 45,000. . The National Tobacco Council mailed a call to action to 400 top agricultural leaders from the presidents of the Flue-Cured Tobacco Stabilization Corp., the Burley Tobacco Growers Co-op, and Burley Stabilization. . Letter-writing stations have been set up at the more than 200 burley warehouses. Bumper stickers, hats, and other paraphernalia have been distributed to thousands of farmers at these warehouses. • The Lancaster Leaf Processing group in Pennsylvania has sent mailings to 2,000 tobacco growers asking them to submit comments to the docket. . Tobacco-oriented agriculture organizations submitted comments to the docket with copies sent to appropriate Members of Congress:  Burley & Dark Leaf Tobacco Association  Burley Auction Warehouse Association  Burley Stabilization Corporation  Council for Burley Tobacco  Stemming District Tobacco Association • North Carolina State Grange A

• The American Farm Bureau Federation filed comments as did Virginia's bureau. • Several major liberal, non-tobacco, agriculture groups submitted comments to the FDA docket, with copies to respective Members of Congress: • American Corn Growers Association • National Farmers Union • National Association of Farmer Elected Officials  American Agriculture Movement of Arkansas  Kentucky Minority Farmers Association • In addition, several members of the following agriculture groups filed comments with the FDA:  Western Kentucky African American Farmers Association  National Women Involved in Farm Economics (WIFE) Ongoing • Letters to the FDA docket are expected from several agriculture groups: • National Tobacco Council • Burley Tobacco Growers Coop Association • Eastern Dark Fired Tobacco Growers Association  Western Dark Fired Tobacco Association  Tobacco Growers Association of North Carolina  Leaf Tobacco Exporters Association • Farm Bureaus in key tobacco states • Federation of Southern Cooperatives and its local affiliates in Georgia and South Carolina  National Association of Farmer Elected Committeemen  National Farmers Association  American Agricultural Movement affiliates in Illinois and Virginia • The President of North Carolina State Grange is soliciting comments for the docket from the Tennessee and South Carolina State Granges. • The National Association of State Departments of Agriculture is expected to submit comments. • Friends of Tobacco membership and supporters are being encouraging to file. ° ~ ~ ca crt

• The Smokeless Tobacco Council is soliciting comments from 5 tobacco grower pools in Wisconsin.

TOBACCOMMENTS' Probably the most striking thing about our cover story is the following quote by Food and Drug Commissioner David A. Kessler, "If members of our society were empowered to make their own decisions, then the whole rationale for the FDA would cease to exist." It is a sad day in a democratic nation when the head of a powerful government agency-has to justify his job by making public comments which belittle the judgment and intelligence of the entire society_he serves. It is inappropriate and unnecessary for the FDA to regulate cigarettes. Regulation of cigarettes is the domain of Congress, not FDA. which appears to be embarking on a mission to outlaw cigarettes as we know them today. Youth smoking, the issue upon which Kessler bases his reasoning for FDA regulation. is already illegal in all 50 states. Cigarettes are already highly regulated, from the seedbed to the sales counter with at least nine branches of government already involved in regulating and monitoring FAC.T'S.TQ PASS The FDA's efforts to gain regulatory control over cigarettes will be based upon the unfounded claim that cigarettes are "highly addictive" and should therefore be subject to FDA regulation as a drug. ' Claims that smoking is addictive defy common sense. Smaking is a matter of personal choice that can be stopped if and when a person decides to do so. In fact: • According to the 1988 report of the Surgeon General, nearly nad of all Americans alive who ever smoked have quit • About 90 percent of those who have quit have done so without formal treatment or smoking cessation devices. • Nothing about smoking or quitting smoking impairs one's ability to determine whether or not they wish to smoke. The same is true about nicotine. Compare this to the intoxicating effect and debilitating withdrawal symptoms associated with truly addicting substances "If members of our society were empowered to make their own decisions, then the whole rationale for the FDA would cease to exist." - David A. Kessler FDA Commissioner like heroine or cocaine tobacco including the US Department of Agriculture, the Federal Trade Commission, the Internal Revenue Service. the Bureau of Alcohol, Tobacco and Firearms, and many more. While pursuing control over tobacco, the FDA is ignoring important. live-saving matters: more than eleven hundred unapproved medical devices are awaiting FDA approval. The FDA • Anynegativefeetingsa would best serve the public by dealing person might have upon with the live-saving medical devices giving up smoking are those awaiting their approval. If he is really thatwouldbeexpectedwhen worried about his job security, one is frustrated by giving Commissioner Kessler could learn a upanydesiredactivity,such valuable lesson from Benjamin as dieting, nail biting or other Franklin's Poor Richard's Almanac: such behavior. "Keep thy shop and thy shop will keep thee." . o- ema.ir~n Tnharrn f;rnwer Fnnrth Ohiarter, 1995 ~ ~ n ns cn ro

11~1111111lllllllllll~~r~~~: _ AMERICAN TOBACCO ~; ~ IIIIIIIIIIIIIIIIIIIIII~i'J4 Fourth Quarter, 1995 - REGULATING THE FDE4'S AUTHORITY There is little doubt the Food and Drug Administration (FDA) could play a very important role in our nation. In fact, the role is so important that the FDA's efforts must be tightly focused upon what it was set up to do: ensure a safe food supply and test and approve new drugs and treatments through the regulation of the nation's food and drug industries. Clearly, tobacco does not fit into the FDA's Congressionally mandated mission. FDA Commissioner Dr. David Kessler's attempts to gain power over cigarettes shows that he is more interested in a political and personal agenda than in what Congress has defined as the purpose of the FDA. In fact, while Kessler pursues regulation of tobacco products. more than eleven hundred unapproved medical devices are now awaiting approval by the FDA. Kessler is on a personal quest for power and commitment to the expansion of the FDA's authority while perpetuating the "big government" notion that Americans don't have enough sense to make choices for themselves. This became frightfully clear when Dr. Kessler said. "If members of our society were empowered to make their own decisions. then the whole rationalefor the FDA would cease to erist." It is time to stop zealots like David Kessler and further government intervention into American life. Using the information in this newsletter. take a moment today to voice your opinion by writing to the FDA on the topics listed to the right, then send a copy of your letter to your Congressman and Senators. Take action now! :_'~ '~~Illlli11111 GROWER" ~- i~''~/11111111 '~....4 - r...ARff~!ra~ V:a Issue 4 REQUIREMENTS FOR COMMENTING ON PROPOSED FDA REGULATIONS Submit comments on the proposals below to 95N-0253 _ Dockets Management Branch(HFA-305) Food and Drug Administration, Room 1-23 12320 Parklawn Drive Rockville, MD 29867 • Vending machine ban. • Free sampling, mail-order sales or self-service display bans. • Tombstone advertising. • Ban on outdoor advertising within 1,000 feet of a .school or playground. • Ban on the sale or distributions of non-tobacco items • Restriction an sponsorshipof eventsto corporate name only. • $150 million anti-tobacco education campaign required of the tobacco industry. • Any other restrictions on sales, marketing or distribution. Submit comments on the proposals below to 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12320 Parklawn Drive Rockviile, MD 29867 • Whether nicotine Incigarettes or smokeless tobacco is a drug. • Whether these products are drug delivery devi"ce within the meaning of the Food, Drug and Cosmetic Act. The FDA notes that 'persons submitting comments critical of a proposedregulation are encouraged to include their preferred alternative wording. The quality and persuasiveness of the comments will be the basis for the Commissioner's decisions. The number and length of comments will not ordlnarily be a significant factor in the decision unless the number of comments Is material where the dearee of Dublic interest Is a lealtimate factor for consideratlon." The Quarterly Tobacco Issues Newsletter for America's Tobacco Growers

TOBACCO IS ALREADY HIGHLY REGULATED:? Tobacco is the most highly regulated, closely monitored consumer commodity in America. The list below shows the many federal agencies which currently regulate tobacco from the seedbed to the sales counter to the use of tobacco products by the consumer: As part of the US Department of Agriculture, the Consolidated Farm Services Agency's Tobacco'and Peanut Division controls production quotas for tobacco leaf and calculates minimum price levels. Commodity Credit Corporation administers the "no net cost" loan program. The Agricultural Marketing Service grades domestic tobacco leaf for auction and inspects all tobacco imported into the US. The Federal Communications Commission enforces the ban on cigarette advertising and other tobacco products in the electronic media. The Federal Trade Commission enforces requirements for format and rotation of re- quired health warnings on advertising and packaging, oversees testing of cigarette "tar" and nicotine and carbon monoxide yields for annual report to Congress, and requires manu- facturers to submit detailed information on expenditures for advertising and promotion for annual reports to Congress. The Department of Transportation enforces prohibition of smoking on most domestic flights and negotiates internationai agreements to prohibit smoking on specific international routes: The US Department of the Treasury collects federal excise taxes on cigarettes and other tobacco products which exceeded $5.5 billion in fiscal year 1994. The Bureau of Alcohol, Tobacco and Firearms requires disclosure of certain informa- tion on packs and cartons and regulates the type of packaging and certain promotional practices. The US Department of Health and Human Services (HHS) conducts research and information programs concerning the use of tobacco products and issues Surgeon Generals' reports to Congress. Through the Interagency Committee on Smoking and Health, HHS reviews public and private sector initiatives on smoking and makes recommendations to Congress. In addition, HHS enforces prohibition of smoking in federally-funded facilities that provide health, education or librarv services to persons under 18. Through the National Cancer Institute's ASSIST grants. HHS provides up to S135 million for seven-year programs of anti-smoking activities in 17 states: funds for similar activities in other states are provided by the Centers for Disease Control and Prevention. The Office on Smoking and Health requires cigarette manufacturers to submit an annual list of ingredients added to tobacco in the manufacturing process and analyzes ingredients used for reports submitted to Congress. The General Services Administration regulates smoking in Federal buildings. The Environmental Protection Agency regulates pesticides that may be used on leaf grown domestically and on imported leaf. By issuing a 1993 report classifying environmental tobacco smoke as a Group A carcinogen, the EPA prompted state and local prohibitions on the use of cigarettes. The Department of Defense prohibits smoking in all facilities, with exceptions for residential accommodations and private clubs. The US Postal Service prohibits smoking in all facilities. AMTRAK prohibits smoking on most passenger train routes. It is unnecessary for the Food and Drug Administration to get involved with an already over-regulated industry. Doesn't our government have better things to do with its re- sources than add yet another federal agency to the list of tobacco regulators?

KEEP THE FDA OUT OF TOBACCO !!! We oppose efforts by the Food and Drug Administration to regulate tobacco and other unfair government action against smokers including tax increases or regulations on tobacco products. Name Street Address City, State, Zip Smoker YES or NO Pfease photocopy this blank form and give it to fellow tobacco supporters to collect signatures. Return filled petitions by November 30, 1995 to: Flue-Cured Tobacco Cooperative Stabilization Corporation . Post Office Box 12300 . Raleigh, NC 27605

Here's how to address your FDA correspondence: Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food & Drug Administration 12420 Parklawn Drive, Rockvii!e, MD 20857 Here's how to address your Congressman and Senators The Honorable The Honorable US House of Representatives US Senate Washington, DC 20515 Washington, DC 20510 POINTS TO MAKE * FDA has no jurisdiction over tobacco. For more than 80 years Congress has said regulating cigarettes is its job. On February 25, 1994, FDA Commissioner Kessler wrote, "We recognize that the regulation of cigarettes raises societal issues of great complexity and magnitude. It is vital in this context that Congress provide clear direction to the Agency." What has changed since that statement? Nothing! Tobacco is already highly regulated. At least a dozen federal agencies and every state have tobacco controls. Government should enforce what's already on the books! The FDA can't handle its current workload. The FDA is already dragging its feet in approving life-saving drugs and medical devices. For example, former US Senator Wallop (WY) blames 150,000 heart attack deaths on FDA drug delays. The FDA also has a role in keeping our food supply safe. Does the FDA have time to waste on tobacco; an industry that is already highly regulated? FDA proposals won't reduce youth smoking. Long-term U.S. government data show overa!l youth smoking rates declining dramatically, by nearly 40% since 1975. Meanwhile i!legal drug use by kids is soaring. International studies show (and even former Surgeon General Koop and other anti-tobacco crusaders agree) that kids smoke mainly because of peer pressure, or if their parents or siblings smoke. Advertising is not the reason kids take up smoking. * Kessler claims to be worried about "youth access" to tobacco. His proposal would do everything but address that issue - it doesn't offer a mechanism to strengthen enforcement of existing minimum age laws or otherwise address the real issue. * The FDA rule would toss the First Amendment on its ear. Advertising is a form of speech, and free speech is protected under our Constitution. Kessler would trample that historic document. This is America, not China or North Korea. The Nau'onal Tobacco Council September 1996

FDA OUT TO DESTROY FARM FAMILIES PROTECT YOUR FAMILY ... ACT TODAY! Do you want Food & Drug Administration Federal Agents, with criminal enforcement powers, trampling through your fields next year telling you exactly how to grow your tobacco or else face serious fines, or worse? Do you want undercover Federal Agents running "sting" operations on your farms and then seizing your crops if you fail to meet their unfair and unwarranted Federal bureaucratic mandates? If not, you need to act today to keep FDA agents W of your fields and = of the business of regulating tobacco. If the FDA gets away with declaring nicotine a"drug" and tobacco a"nicotine/drug delivery device,' tobacco farmers will face the possibility of FDA regulation of their tobacco crops. You already deal with the USDA and EPA. In fact, tobacco is regulated by every state and by at least 12 federal agencies already. FDA head David Kessler has said tobacco has no place in America. Hillary Clinton, Donna Shalala and others in the Clinton Administration have echoed the same theme. If the Clinton/Kessler proposal to regulate tobacco and nicotine is enacted, you could face even more extensive reporting and oversight by FDA agents. The FDA agents have broad powers, including the potential for seizure of tobacco plants for FDA violations. As a result, lengthy, expensive court battles could be necessary for farmers to try to get their crops back. Clinton/Kessler claim their rule would stop young people from smoking. They are wrong. Their rule would have little or no impact on youth smoking. This is BIG GOVERNMENT at work; with an unquenchable thirst for power over your life. No one wants young people to smoke, but the FDA rule would cost jobs, ruin livelihoods and tobacco rural America almost overnight. How can you help protect your farm and family? Act nowl Write the FDA and send a copy of your letter to your Congressman and your two Senators. Some key points are listed on the back of this sheet. COMMENTS MUST BE RECEIVED BY NOVEMBER 9, 1995 ACT NOW! SEND THOSE LETTERS TODAY!

SHOW YOUR SUPPORT OFTOBACCO: Promotional items are available to help you show your support of tobacco. Order yours today! Item 1: TOBACCO $ PAID YOU ! stamps for checks or correspondence. Please specify type of stamp: Refillable Self-inking Stamp $5.50 Plain Rubber Stamp $2.50 Item 2: Tobacco Leaf License Plates 85.00 Full-sized (6" x 8") anodized aluminum license plates with a gold tobacco leaf on a black background. Item 3: TOBACCO MONEY PAYS MY BILLS! Receive a free bumpersticker by sending us a stamped, self-addressed business envelope. Item 4: Tobacco Program Flyer Free To receive a flyer on the tobacco program en- titled " THERE IS NO TOBACCO SUBSIDY !" send us a stamped self-addressed business size envelope. 0 To order promotional items or to request pamphlets and brochures. send your check, payable to Flue-Cured Tobacco Cooperative Stabilization Corporation. to PO Box 12300 Raleigh, NC 27605. Requests for free mate- rials MUST be accompanied by a self-ad- dressed, stamped business size envelope. Please allow 4-6 weeks for delivery. TOBACCa CONTAGTS:z_: ,.. Tobacco Consumers Assn. Smokers' Rights Action Line United Smokers Association 800-89SMOKE 800-333-8683 800-872-2990 The American Tobacco Grower is published quarterly by Flue-Cured Tobacco Cooperative Stabilization Corpora- tion. Send mailing additions or changes to: The American Tobacco Grower PO Box 12300 Office: (919) 821-4560 Raleigh, NC 27605 FAX: (919) 821-4564 Editor: Lisa J. Eddington C(rculation Manager: Peggy Crowe BULK RATE US POSTAGE PAID PERMIT NO. 2483 RALEIGH. NC 27611 ~m~luunnu~allut~._.. . . " 1~umnn N4IEAIC/IN TOBACCO : ' GflOWER 11111111111~'t Flue-Cured Tobacco Cooperative Stabilization Corporation Post Office Box 12300 Raleigh, North Carolina 27605 ADDRESS CORRECTION REQUESTED a N V U U Q

THE CASE AGAINST FDA REGULATION OF TOBACCO 1. FDA does not have jurisdiction over tobacco. For more than 80 years, Congress has said regulating dgarettes is its job. The FDA has consistently admitted it has no basis for regulating cigarettes, and the Courts have agreed. 2 Proposed FDA regulations would trample the First Amendment. Advertising is a form of free speech, protected by the First Amendment of the US Constitution. In its quest to eventually eliminate tobacco, the FDA ignores this historic document and the rights it guarantees. After all, this is America. 3. Tobacco is already highly regulated. Tobacco is currently one of the most highly-regulated consumer products in America, with more than a dozen federal agencies and every state exerting control over tobacco. Farmers have more to do than deal with yet another bureaucratic agency. 4. FDA proposals would not reduce youth smoking. Underage smoking is already illegal in all 50 states. We must enforce the law, not add yet another bureaucratic agency with the power to destroy us. Long-term US government data show that overall youth smoking rates have declined nearly 40% since 1975. Meanwhile, illegal drug use by kids is soaring. International studies show, and former Surgeon General Koop and other anti-tobacco crusaders agree, that kids smoke mainly because of peer pressure or if their parents or siblings smoke. Advertising is not the reason kids take up smoking. Let's do something constructive to reduce youth smoking by enforcing existing laws. 5. FDA cannot handle its current responsibilities. FDA is failing in its core iiiission to approve uresaving drugs and medical devices and to assure a safe food supply for the American public. Over 1,100 critical medical devices are currently awaiting FDA approval while FDA is pursuing control over tobacco. Former Senator Wallop (WY) blames 150,000 American heart attack deaths on FDA drug approval delays. r----------------------------------------------------------------------i OPPOSE THE FOOD AND DRUG ADMINISTRATION'S REGULATION OF TOBACCO. HERE'S HOW: 1. Write a letter expressing your concerns about FDA regulation of tobacco and send it to your two Senators and Representative. Tell them you have just signed a petition opposing FDA regulation of tobacco and ask them to let you know their position on this issue. Write to: The Honorable The Honorable United States Senate US House of Representatives Washington, DC 20510 Washington, DC 20515 2. Circulate the attached petition for signatures. 3. Photocopy the petition for your friends to use to collect signatures. 4. Return completed petitions by November 30, 1:.95. Take action today to ~ µ Keep the FDA off the Farm !!! N ---------------------------------------------------------------------

rage 2 Octobcr 3, 1995 Both of these measures get at the heart of the youth smoking problem. Both bills a]so clearly ;nrlirata that the FDA has no business in further regulating tobacco produnt.c. We therefore urge the FDA to withdraw its proposal at once. 5incerely yours, Johr, R. Fritz, Jr. Prnsideat

"! had Just cleaned up and sat down for super after a long hard day of harvesting tobacco when I heard a knock on the door. I thought it was strange to have a visitor at this late hour out here in the country. I opened the door and was met by two men displaying identifrcation who said, We're from the Food and Drug Administration and we are going to conlitscate your tobacco due to noncompliance with FDA nicotine content regulations' " Can you imagine Food and Drug Administration (FDA) agents, with criminal law enforcement powers, trampling through your fields telling you how to grow your tobacco, imposing heavy fines, and perhaps even worse? How would you like undercover Federal Agents running "sting" operations on your farm and then seizing your crops if you fail to meet their unfair and unwarranted Federal bureaucratic mandates? IMPOSSIBLE? Think Again TFfE FDA IS OUT TO DESTROY FARM FAMILIES. TAKE ACTION TODAY TO PROTECT YOUR FAMILY AND FARM! If the Food and Drug Administration (FDA) gets away with declaring nicotine a "drug" and cigarettes a "nicotine/drug delivery device," tobacco farmers will face the possibility of FDA regulation of their tobacco crops. You are already forced to deal with and be monitored by the US Department of Agriculture, the Environmental Protection Agency, the Occupational Safety and Health Administration and other agencies. You know first-hand what a nightmare federal government regulations can create for farmers. We must work now to prevent the FDA from joining the bandwagon of federal tobacco regulators. If the Clinton/Kessler proposal to regulate tobacco and nicotine is enacted, you could face even more expensive reporting and oversight requirements by FDA agents. These FDA agents have broad powers, including the potential for seizure of tobacco plants for FDA violations, which could require farmers to face lengthy, expensive court battles just to regain access to their own crops. FDA Commissioner David Kessler has said tobacco has no place in America. Hillary Clinton, Health and Human Services Secretary Donna Shalala, and others in the Clinton Administration, have echced this sentiment. Clinton/Kessler claim their rule would stop young people from smoking. They are wrong. The Clinton/Kessler regulation would have little or no impact on youth smoking, but it would be devastating to American jobs and could destroy Tobaccoland overnight. No one wants young people to smoke, and age restriction laws are on the books in every state. We must take steps to better enforce these laws, not create more bureaucracy. What President Clinton and Commis• wner Kessler have in mind is simply more BIG GOVERNMENT INTERFERENCE into the lives of adult citizens who chose to produce, sell or consume a legal product. How can you help protect your family and farm? Take action now. See the reverse for complete instructions. Let's keep the FDA off the farm.

The Council For Burley Tobacco october 3, 1995 Docket No: 95N-0253495N-0253J Duc:kets Management Branch (r1t'A-sU5) Food & Drug Administration 12420 Farklavn Drive Rockville, Maryland 20857 To Whom It May Concern: The Ccuncil for Burley Tobacco, Inc. is deeply concerned that the FDA is proposinq further reGulation of tobacco products. Tobacco is already highly regulated, At Least a dozen federal agencies and every state have tobacco controls. Uovernment should enforce what is already on the books! The FDA can't handle '_t5 current worK load. The FDA is already draqging its feet in approving life saving drugs and medical devices. For e;:emple :ormer U,9. SenatQr wdllop (Wyoming) blames 150,000 heart attacks deaths on FDA drug delays. The FDA also hae a role in kceping our food supply safe. Does the FDA have time to waste on tobacco, an industrs that is already !nighly rarr.:lated? FDA proposals will not reduce youth snoking. Long tPrm U.S. government data indica_e almost a 40e decline in youth smoking since 1975. Meanwhile illegal drugs use by kids is soaring. International studies show that peer pressure not advertising is the reason kids take up smoking. The FDA proposal fails to offer a mechanism to strengthen en£oroement of existing minimum age lawe ur otherwise add_eSS the real issue. .~ The Council for Burley Tobacco, Inc. does not advocate ~ smoking by young pAnplP. Wa 1:1Plie_ve smoking is an adult decision. The Council strongly supports the approach taken by Senator Wendell Ford (Kentucky) and Congressman Scotty AaeslPr (Kentuo..ky) in their respective bills to "Prevent Youth Smoking". CA r> o- V ;.231R41 )070 Ha.^rodsbur@ Rend 'f~A Roon3 170 % Lex:ngtoa [Cemucky 40503 1~ 1tiU612-_= ho_ !Z~ FA i; (606)

Bright Belt Warehouse Association, Inc. Serving The F1ue-Cured Tobacco Warehouse Industry October 26, 1995 The Dockets Msaagersent Branch (HFA-305) Docket Nos. 95N-0253 and 95DL02537 Food and llrug Administration 12420 Pzrklawn Drive Rockville, itiID 20857 Attention: Dr. Kessler Dear Sir: As a concerned citizen and a member of the tobacco industry, I strongly object to the proposed FDA ttgulations regarding tobacco products. This proposal ig another example of , he governunent's continuins efforts to take away oersonal freedoms and further erode the tC S. ConstittaIIon. It is not the government's business and cenainiy not the PLns ri~;!;t w dicta:c American cit9iens Gve their lives and to determine which legal products they c2n and cannot use. Taxpayer money is being used to destroy a legal industry and to fight people producing a legal crop. This is act the way America ia supposc to be. FDA has no legal authority to control tobacco. When any government agency tries *e assu.Tne more authority than it has, it .crould be eliminated. Prohibition is the same wnether it is done by amedding the Constitution or through the back door with taxation and over-regufa*ion. The results are the same and Americaiia are deaicd another freedom. The lrst election was for smaller government and less regulation. Many in Washington still have not gotten the message. Thank you for considering my concerns dnd T hnpe you will work to prevent this outrageous regulation of tobacco. If this is allowed, no consumer product will be safe from governmen*t bureaucracy. Sincerely, ~ ~ Mac L Dtmkev Managing Director cc: All N. C, Senators and Congressmen 10i:+) ?28 8988 -PO. Box i200a . Ralclgn. Nor~PC'a.naina 276U5

THE NORTH CAROLINA STATE GRANGE P.o.SOX 9965 .GF;~E'4 BOX.NC.z»9.9~65.919IB.54Cppp Federal bzust .4dministratian Docker3<Ios. 95:^I-0253 and 95N-Q7S3.F DocE:ets Managenze;at Branch qHP;q=§Q5) Food aad Dz¢g Adm,n9c~on.. 1.242J Parklawn Drive RookviIle, rvm 30857 Dear FDA Commiasiaaer KeWer The DFortli Carolina State Crrat ;e.is a general. farm. organization, reptesentinx.act only persons involved directly in tobacco but the majority af our members would be outside of the direct raising of tobacco. Our organization is opposed to the Food and Izrttg Administration trying to take over the reguEaffon of tobacco and tobacco products. Evnry stAte in the United States, has laws against the sale of tobacco prod•acts to minors. Each state can and should direct their own, program without intervention fxom the Federi Government. At least a dozen federal agencies alieady are involved in the regulation of tobacco. The proposal from your otTice .yonld not reduce youth smoking. Peer pressure is the greatest issue u,vulvul. I understand that racs cars carrv various tobacco ccmpany logo's and I also understand that well over 97 percent of people who go to races a:e of smoking age. Even if the FDA were to have the autherity to regulatc tobacco, it ia duu.b.fui that you would have the manpower to handle the workload that you must be anticipating taking on. On behalf of the neariy ?5,000 members of the Grange in North Caroiina, please do not cr,.au any more regulation by the Government on the lives of people. Robert H. Caldwell President R HC:ks

AFDB DCNA 724 SM 10/19/95 12:15e46 October 18, 1995 Docket Noe. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-S95) Food and Drug Administration 12420 Parkiawn Drive Rockville, MD 20857 Dear Sir or Madam: The American Farm eiareau Federation is very concerned with the FDA s proposed regulations restricting the saie, distribuL•ion, markeL•ing and advertising of cigarettes and smokeless tobacco products. Tobacco is already a highly regulated product with numerous federal agenr.ies involved in tobacco control in every state. F~ua-ther regulatians proposed by the FDA wi11 not have an impact on, much 1ass reduce youth smob:ing. Strengthening the current enforcement system of e::isting minimum age laws would address the real issue. Tobacco is particularly important to the agric.ilture af North Carolina, Kontucky, Virginia, Tennessee, South Carolina and ~eorgia. Some 124,000 U.S. farms grew about 1,588 r:llion pounds of tobacco onE75.00C~, acres in 1994. The estimated farm value of the 1994 crop is $2.8 billion. The Llnited States is the world s largest e=:parter of manufactu-9d tobacco protlucts. (n 1994, U.S. manufacturers produced as estimated 685 billion cigarettes--about 31 percent were ex.ported. Consumption of r-igarettes has declined 25 percent in the United States since 1981, from 640 billion cigarettes to 489 billion in 1994. U.Ei. government data show overall youth smoking rates declining dramatically, by nearly 40 percent since Y97B. We ail support effo.rts to curtail teenage smoking; however, studies show that kids smoke mainly because of peer pressure, or if their parents or siblings smoke. Advertising is not the real reason kics take mp smoking and restricting the sale, distribution, marketing and advertising of cigarettes wi1l not impact the alreany declining rate of youth smoking. The American Farm Bureau Federation reoresents -;.4 m:llion fami!•ies across tha natic~n and F'uerto hico. -obacco is grown in Hfl af oun- member states. Tha high per acre value of tobacco, wnich.averaged 54,148 in 19U4, makes it critical to the income of the grvwers and important to the economies cf the major producirg State=_. On behalf cf our farmers, many who depend cm grc:wj.ng tcbacco, we urge the FDA to reconsider the nogative impact these p!-oposala wauld have on the entire tobacco indt.ietry--particu].ar1y the pl-oduc-~rs. Thank you for yoL.u- attention to this matter. sincerely. Dean IR.Klec4+,ner a P~-cazdent 'i tq hJ U ~ I

NAFECs members are concerned about tobaoca use amongst our youth, and especially in our rural localities. But these proposed regulations get away from the proper role the USDA, FbA and the effectiveness of public education programs on youth smoking. Thetefore, NAFEC urges that the FDA withdraw the proposed regulations. Sincerely, Marion Malazzo President, NAFEC

V cn ra V m

'PRESiDElJT -IdadmMalazsc RR2Bafe192 ,CaIdNeY. TX 77836 7&272-8341 J83272-1449 Fax 18TMICE PRES7DENC Ken Hood RR 1 Bo.500 Qurmhan, MS 38748 601-747-2223 4'01.747-2277 Fax 2ND NCEPRESWEtIT Jae Logan 9805 Stod Hayea lCileman. OH 44426 216$76A186 215.8761265 Fax f T ~ N.A.VE C. WASHHtiTOR CONBULTANT DavH Santer & Ascoriatea 190t LC NLV waahpWn, OC 1A036 202-46&G618 202-429-3741 Faa BERETARYJTREA6URER Hem Edmonds P.O. B" 309 Mc Louth. Ka. 66054 913-786-61556810 res. 91349"154 Fax VIe6 PRES. MEMBERSHIP Ed Bnwmsrt Box 42 Or!&tla, IL 61487 30fr4836326 308-487-2003 Rax IM3riEDIATE PAST PRES. Frank Methecan 591 Grent Roed Littleton, MA 01460 508•466-3824 508.486-1026 Fax National Association of Farmer Elected Committeemen GMeFt99gYOFFlCER v.>n« M*7.>wn RR2 CnklGlsd. NE 68045 ap2-'55.5808 AREA DIRECTORa b a.TERrMTEs MdYTRE0.sT Frnk fimn. tQ3l PonheH, RD Hu~ron CT r,e2t? ]an P tyewy .iR 2 9. 4B3B WtlliaMn.YT f$465 MIDWE3T Ra3sr M.Nre 22457 225U1 St ?xkrva, W. 50'-Fd -xnsace McClcv RR 1 ?ox 3a rpason. C 82nss NORTHWEST DtlJn Hialtap FiGi'!+ "ax I Imcecvl YE G9.77J EvxWt Ler.h rAa PoPmq RJb'3 arc. NE f•COB: 4ORTHWEST Ra!c, a.,ea RR2'JcMl6 cn.aeae. Tx _hr'-0c•ca RR1 Esx66A~ H3nJY9:. K~ Aa35 Dooket No.s 95N-0253 and 95N-0253J Dockets Managemestt Branch (HFA-305) Food and Drug Administration 12420 Parklawn Dr, Itochville, MD 20857 Dear Dr. KeSsler: 4 December, 1995 As the President of the National Assooiation of Farztter Elested Committeemen (NAP'EC), I submit these comments on proposed FDA regulations on tobacco published on Augast 11, 1995. NAFEC metnbeas oversee USDA employees of the FSA and the administration of farm programs, In conjunction with County Committees, the Department of Agriculture has been very successftil in overseeing various farm programs, including the tobacco program. NAFEC believes the correct role of government --to manage tobacco planting decisions - is currently being carried out as Congress intended We agree with Congress that the FDA does not havejurisdiction ove tobacco products as marketed. The authority to regulate cigarettes lies with the Congress. The USDA in recent years has closed field offices and eliminated much of the red tape associated with farm programs. These proposals would only add red tape and another level of bureaucracy for farmers and runs counter to recent USDA efforts. Each state and sevetal government agencies already exert cmntrols over tobacco that makes the pmduct already highly regulated In addition, producers of various commodities have ezpressed their concerrs that the proposed regulations open the way for the FDA to single out other farm commodities for banishment based on political whims. SOUTHEAST acb°" ""° RR ! Finally and most importantly, tobacco production is a vital source of income for farmers and 1ax atl6 cs«w a Ms ao9lprovidesjobs in rural communlttes. These proposals could ultimately destroy the economic backbone of many rural communities os^, Bacscn ~_8w!a ~amag: r!C Y?SBC SER'JING AGRrCUL7LRE S.!NCE !965

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES ORGANIZED LABOR Completed Comments . Members of the Tobacco Industry Labor Management Committee (LMC) submitted comments, including:  Bakery,•Confectionery and Tobacco Workers International (BC&T)  International Association of Machinists (IAM)  Sheet Metal Workers International Association (SMWIA) • BC&T President Frank Hurt sent a mailing to the 26 U.S. tobacco locals asking for their assistance in submitting comments to the docket. • IAM representative to the LMC sent a mailing to all Machinist tobacco locals to assist them with their personal letterwriting campaign to the FI1A. • State Federation presidents in tobacco states filed comments: • Kentucky State AFL-CIO President Bob Curtis  North Carolina State AFL-CIO President Chris Scott • Georgia State AFL-CIO President Herb Mabry  Virginia State AFL-CIO President Dan LeBlanc • LMC consultants conducted on-site briefing for and solicited letters from BC&T and other labor organizations' rank-and-file members, including:  BC&T Local 229-T Concord, North Carolina • BC&T Local 203-T Richmond, Virginia • BC&T Local 362-T Macon, Georgia  Wisconsin State Council of Senior Citizens  IAlvi Loca1229-T Concord, North Carolina • Hundreds of personal letters from rank-and-file union members in key tobacco states -- Georgia, Kentucky, North Carolina and Virginia -- sent letters to the docket, with copies to Members of Congress.

i Texas Corn Growers Association 216 E. Bedford D{tnmitt; Tezar 79027 Phone (806) 647-4224 3 November 1995 Docket Nas 95N-0253 and 95N-0253J Boekets Management Branch QiFA-305) Food and Drug Administration 12420 Parklawn Dr. Rockville,MD 20857 To The FDA: Pm against the proposed FDA regulations on tobacco published in August, 1995. Like everyone, I don't like the tobacco use amongst our youth, and especially in our rural towns. But these praposals don't face the faets. It takes education in the hos.,a and schools to teach kids about smoking. les not a job for Washington DC. As the President of the Texas Corn Growers Association, I know tobacco is already a highly regulated commodity in every state and at the federal leveL Enough is enough! At the federai level, the Department of A, iculture has been successful in overseeing tobacco programs. These proposals end run the USDA and open the possibility of an outright ban on tobacco growing. I know I've heard corn growers ccpress their concern that the proposed reguiations open the way for the FDA to sirtgle out other cro¢s based on politics. It shouldn't be an FDA decision. That's why all these proposed regulations should be juniced. Tobacco production is a vital source of income for farmcrs and provides jobs in rural communities. Rural areas are struggling the way it is without taking away a traditional source of income that supports the whole community. On behalf of the united members of my otganiaation, I say plow these proposed regulations under and forget about then. SvKCaely, ~ Carl King, President

FARM BUR_EAU ; 'VIRGINIA ~ VIRGiNtA FARM BURFAU FEDERATiON 14580 veeyt Creek Parkway R4. Bcac 47554 • RiChmcnd, Yr3inia 43461. (804) 784-1234 October 12, 1995 Dockets Nos. 95N - 2053 and 95N - 02537 The Dockets Management Branch (HFA-305) Food and Dtug Ad+*+i^+stra*+on, Room 1-23 12420 Parklawn Drive Rockvilie, Maryland 20857 To Whom it May Conceza Putsuant to the notice in the Federal Register, Volume 60, No. 155, dated Friday, August 11, 1995, regarding "Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to Protect Children and Adolescents," and as president of the Virginia Farm Buteau Federation, I wish to express the views of this organization. At the of P.;at, permit me to say that the main purpose of this o rgani7ation is to promote the economic well-being of our mcmber faazm families. Specifically, concerning our tobacco producer members, our overriding mission is "protecting and promoting the market for our American grown leaf." The announcement on August 11, by President Clinton, in which he conveyed his support for the Food and Drug Administration (FDA) to go ahead and follow through an steps to implement this proposal to furrher regulate tobacco products, can only be viewed as another step in an ongoing personal vendetta by select members of the current Administration against tobacco and tobacco products. Unfottunately, implementation of such reQitlations would be at the expease of thousands of farmers, factory worken, and business employees who earn livelihoods for themselves and their families through this sector of our nati.on's economy.' ' I ask'that you consider the following poi>ns before you procced: • it is already illegal to sell tobacco products to individuals under 18 in every state; • attempts to prohibit brand name sponsorship of events violates First Atnendment rights to Freedom of Speech; • proposals to label certain tobacco products as "nicotine delivery devices" is a function of Congress, not the FDA; • requiring cigarette and smokeless tobacco advertising to be in black & white in effect is highly discriminatory against a single industry selling a legal product; • proposals for the reporting to FDA of all advertising of cigarette and smokeless tobacco is not a fimction of the FDA and is an example of attempts by a governmental agency to overstep its jurisdiction at the expense ofConstitutional rights; • asking an industry producing a legal product to fintd a campaign against itself (the $150 million per year industry-funded campaign against tobacco) is ludicrous and discriminatory; and,

nmvnRr. FARlTtERS union Noverqber e,199= Doekat Nn.a 95N-0253 end ASN-OT533 Doeketa DrLaagenent 8raaod {FII+Ar3QSJ Foad aod DtuA Adtala9wat(on III410 Farkiswn Dr{ve xeeicvln., aals 7Aes? To Whom it May Coeoam: I am wriltmg to express my oppodtion to the propoaed :'ood and nrn4 Adm3alrtntlo- rFDA) regalatione aa tebtsoo liablirhad a¢t August 11, 1999. Aa the Vioe Preaident of Ciovetilusbat Rnlatioaa Rn the Natioaal Pasmers Union, I am aware tabaaoo ia already a highly regulat6d oammodity involviha at leaat a dozen t0da.t aswoies and all >Si4y states. , The Unitad 9tataa Aepamneat of Agricnlttrre hu been very mem stul in ovotroeeing prodvetion quotas aad prlca leveio tbr tabaooo 1 oaf. 8u.t the proposed FDA r.gulatlons go beyond the oorreot rok of gavernmemt whlnh should be to maaaqe tobaooo ptarting. The proposed regulatinne open the poesibility of an ouuigitt ban oa the commodity, Faemws of vareous oommodiYa hkve expnwed their ooeceta tBat the propomd regulations open the way f= the pDA to siagte out other larm commoditie.4or banlshmsnt bued on poSitieal wbims. I am also aoaoemed, as al] parents, about tobaooo uee amang our youn8 poopie, and especially our tvrnt youtb. But thase proposed reQelnions do not address this problem la a workable manner. For these reasans 1 uree that the FDA withdraw the proposed reQuletions. ItaspeotPully ycurs, ~~any W. Tlitohall tae Preeident of Government Ralatfons 600 Maryund Av.nu., SW • 8ulte 202W • Weahinpron, D.C. 20084 • Pnane (2071 6641600 ewa..

 BC&T Local 253 (Cincinnati, Ohio) • BC&T Local 81 (Traverse City, Michigan)  BC&T Local 22 (Minneapolis, Minnesota) • Minnesota State Building and Construction Trades Council  Operative Plasters' Loca12065 (Minneapolis, Minnesota)  Sheet Workers Local 10 (St. Paul, Minnesota)  Plaster Tenders Union Local 111 (Minneapolis, Minnesota)  United Food & Commercial Workers Region 7 (Bellevue, WA)  International Union of Operating Engineers Local 234 (Iowa) • Laborers' International Union of North America Local 1140 (Iowa) • Iowa Laborers' District Council • Laborers' International Union of North America Local 353 (Iowa) • AFSCME Local 1185 (Iowa)  AFSCME Local 1868 (Iowa)  AFSCME Local 35 (Iowa)  Laborer's International Union of North America Local 1140 (Nebraska)  Hotel Emplo, ecs, Restaurant Employees Union Local 57 (Pittsburgh, Pennsylvania) • Sheet Metal Workers Local 7 (Lansing, Michigan)  School Employees Local 1201 (Philadelphia, Pennsylvania)  BC&T Local 2-T -- 10 letters (Wheeling, WV) • BC&T Local 362-T -- 146 letters (Macon, Georgia) Ongoing • Consultants continue to work with state and local organizations in tobacco and non-tobacco states to generate letters to the docket. • AFL-CIO support groups representing women and minorities (Coalition of Labor Union Women and A. Philip Randolph Institute) have been encouraged to submit comments to the docket.

• other prodncts, illegal for sale and harmfui to minors and using.far more sophisticated mazYeting techniques than tobacco companles,• are not facing the same sonrtiny or discri~oa from your agency and wiil, in faet, probably benefit from FDA attempts to fardier limit the rights of tobacco companies to promote their legal product. The actions as proposed in the Federal Registerhave serious implications to the personal rights and gua+a•++e•• granted to all Atnericans by our Constitutioa I cannot help but think that those individuals so committed to pursuing impletnentation of these regulatory burdens are shirYing their responsibilities to serve the people, as clearly defined by our laws and codes, in order to promote personal agendas. This action also brings into question the entire j orisdictional role of the FDA, one which sees the agency moving from one committed to helping improve the health and welfare of the American people as so clearly defined by law, to an agency bem on increasing its regulatory and enforeunent powers to satisfy select individuals within the agency. In 1972, then FDA Commissioner Edwards so clearly stated that "cigarettes recommended for smoldng pleasure are beyond the Federal Food, Drug and Cosmetic Act." It is my understtmding that the role of the FDA regarding drugs entails dealing with substances which use deals with therapeutic and medicinal purposes. How do tobacco products fit into tlvs description? We in the United States have entered into an era where the American people are saying enough is enough when it comes to attempts by the government to further roguiau, and intrude on, the legal rights that have formed the backbone of our society for over 200 years. We are also at a time of crisis for our youth; they aro confronted by a myriad of social problems and pressures that should be a concern to all of us. The fact that the FDA and the Administra++on seem to have decided that tobacco products are the number one probiem facing our young people is most alarming and very disheartening. Attempts to prohibit tobacco pioducts-througfi ever-increasing tegulation will not work. The FDA has a well defined role; the decision of certain irtdividuals within the agency to wage war on legal tobacco products does not fall within this realm. The FDA lmows this, as do millions of Athericats. The credibility and the integrity of the FDA is at stake. These proposals must be withdrawn before more damage is done. Sincerely, C. Wayne Ashworth President

i agr cu e •Strangth from the Land 99W n Aqrtaulture Movam.nL (ne. ~Acc, AAcYnaaa 72040 1-601,2G8-4708 • FAX: ¢d6-4848 I ~WasMan gmlmtB~ranch (HPA-3D5 Food aAd Acng Adatfnfsttation 12420 raflatwn n,r. Rochville, Md. 20857 To wi,vm scmay cson«m: . hlovemher 12, 19D5 I commend tlFe Ctimmn Adminisautionis em•.~,,-t,,s1 on educttting our youth ot the health rieJ~ of outside 'tnrldi bd ca" thm ~ioar nuai youth and inaer city ldds, who often fall Ameriatn Agticvlhae Movrmmt of Askaqaa betieves the aumetst tystam of tobacco pr~ advethlauAg xratrictfone and public edueetion prvgrama can be sefcxrosd under ft present system nrit8out FDA juriediotiai. Congrem BC~ l~a ~tobacco policy and should not give up its crostitutionalty mandaud obligaiions to '1'he FDA aUrady has 1ts hands fall. It wes Creakd to assnre that Safo and effeetfve dr4s, medical cie,wiees, and eafe faod are available to the Amttl.oan pcopla The proposed FDA regulations go well beyund the pmper fows of FDA activitics. As a paEt national Parm organimaoa exeoutive, I had the ty to tcavrl to many small towns in T~oba~cco ~ Zesd ~ many nusl ~oom ~m,Fm3 acr~a Amerk~ty~m~ they spend ihdr money taaally, What is actually htutitig the health of these cural eorumntilties is the import and poteotial futuze empact of tobacco fxom foreign souzces. Those imparks ext at iha mcame of many of otu beet farmeae. Ae4leased iucome hurta nu'al health cam 6eesuse there is iess wmuapA.ity moncy and fewer people to ~rt good dootots and community hospitata That huzts more tlmn some bueauCZatic attempt to tobacco as a drug. Aithoueh thera aro many g_o idaaan th ~e A oa~i I urge that we a~k with what works artd go caudoiuFy oa dreet{c ahlita po g agenc(es. Harvoy Ioe Sanner Pmaidait, AAM Inc, of Arkansaa r ~ N .~ W

• Approximately 50 state and local labor organizations, in 4 key tobacco states and in more than 12 non-tobacco states where LMC has a presence, sent letters to the docket and copied their Members of Congress. Labor organizations include: • Air Transport Local of Nations Lodge 2643 (Florida)  International Association of Machinists and Aerospace Workers Local 368 (Florida)  International Association of Machinists and Aerospace Workers Local 1126 (Florida)  Broward County AFL-CIO (Florida)  Florida State Council of Machinists  Broward County Building and Construction Trades Council (Florida)  United Union of Roofers, Waterproofers and Allied Workers Local 77 (Florida)  International Brotherhood of Electrical Workers Loca1728 (Florida)  Plumbers & Pipefitters Local 71: (Florida) • Bakers Local Union 57 (Columbus, Ohio)  Bakers Local Union 19 (Cleveland, Ohio)  Ohio State Building and Construction Trades Council • Sheet Metal Workers' International Association Local 10 (Louisville, Kentucky) • Wisconsin State Council of Senior Citizens, Inc. • Thumb Areas UAW Cap Council (Michigan)  Ohio State Council of the United Brotherhood of Carpenters and Joiners of America  International Union of Operating Engineers Local Union 18 (Columbus, Ohio)  Ohio Valley Council of Sheet Metal Workers  Teamsters Miscellaneous and Industrial Workers Union Local 284 (Columbus, Ohio)  Minneapolis Building & Construction Trades Council  Brotherhood of Painters and Allied Trades Council Local Union 386 (Minneapolis, Minnesota)  Pipe Fitters Local Union 539 (Minneapolis, Minnesota)  International Brotherhood of Electrical Workers Local Union 948 (Flint Michigan)  Wood, Wire and Metal Lathers' Local Union 190L (Minneapolis, Minnesota) • International Union of Elevator Constructors Local Union 9 (Minneapolis, Minnesota)  Minneapolis Central Labor Council

AIR TRANSPORT LOCAL OF NATIONS LODGE 2643 F ~ ~~ eJdrnrtliarrae i /tleeacratiun u~ ~~acl if:iah artc~ ~.~i+rvs~acr I/Vr,r4ar.t 4349 N.W 36th Street. SuIte N102 Miami, Fioritla 33166 P.O. 8ax 595076. Miaml, Horida 33159 (305) 685•8310 Dockets ldanaqement Hzahchoft'305) Food and Drug Admiaistration, Roont 1-23 12420 BARRLJ+WN DR. ROckville. MD 20857 ALt 95N-0253 (Regulations Restricting the sale and Distribution of Cigarettes and Tobacco produota) On Dehelf of the IAMaAN Local 2G49, I em writing to express our opposition to the Food and Drug Administration's propoaed regulations on tobacco products. Controlling salee of tobacco products to minors is an important :aaue. However, we believe FDA regulation :s the wrong approach, The proposed regulations, taken in their entirety, will oortainly :ead to much more severe controls on the use of tobacco products by adults. :•hfs would have a devastatinc inpaet on the tobacco industrv. This industry is highly unionized and offers workers high wages and oxtenaive benefits. The iohe of thoueande of our union hrorhete and vletera working i++ the industry are ;eopartlired by FDA regulation. Mary of these workers are women and minoritlos. But the economic fallout from such restrictions would go nuch ^urther. N'ot only will thousands of jobs directly related to the tobacco -ndustry be lost, ao will leny uZ Lhouaet:da uf uthet ;oLy around U:e uountry whiuli are indirectly dependent on the tobacco industry. Workers involved in: transporU.nq tobacco products, providlnq suppliee such as paper, cardboard, inks and machinery, the 'noapitality induetry, rata!: salos such as grocery and convenionce at.orea and countless other intlustrioa will fool t.^•e adverse ir.,pact ci these requlations. ;:any oS those workors ara vnion nombcra. We axe also cencerned that enEorcing thase requlations will force the FLN tv stretch its already limited r.esources and deny the Amerccan publlc t'ie critieal acrvicc:+ for which it waa created. Finally, Llhe proposed regul'at.ons would suria•uly threaten the v:abii:ty cf professional motorsports and other sport:nq events, .his not only would den,v meh and WOLlan around tne country tnese popular recreational aetlvitles, tut also lead to the loss of jobs aeeoeiated with putting on these evonts. Again, the problem of taen smoking warrants serious attention. Aut reoulatinp away thousands of American ;cbs is not the way to do it. Government should eneourace rmnloyment, not destroy it. The proposed requlatione now before the FDA go well beyond curbing teenage smoking and are 9iIIed at debtroyir.q an AnrrSnan industry and all the jobs directly and indircctlv associated wit!•h it. In solidarity, -A Nelson 'Celgato " President -J .. cn N W N 1tt Foreign Carrier Local Lodge in the IAM

,*.4: ~~. i\p`~'.M \ '., ..rr4e, IAM a AW Lopal Lodga S12B Dockets Management Branch (HFA-305) Food and Drug Atlmiaiatration. aoom 1-23 12420 YARRLAt9N DR. Rockvillo. MD 20857 RBt g5N-0253 (Requlations Restricting the sale and Diatribution of Clgarettoa nnd Tobacco 2roducta) on Behelf of the I3MGAfF Local 1120, I am writinq to express our opposition to the Food and Drug Administrat•ion's proposed re4ulations on tobacco products. Controllinq salos ot tobaccc products to minors is nn i:nportant issuo. Howaver, wa baliovo FDA regulation is t,`.e wrong approach. Tho proposed regulations, taken in their ontiroty, will cortainly lcad to much more severe controls on the use cf tobacco products by adult;. This would have a devettatinc impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extor.sive benefits. Tho joha oL t,hevsand.q n! eur i;nlon hrnther.a and aintere worklnq in thrt induxtry are jeopardized by FDA regulation. tlairy of these workers are women and minoritios. 9ut the economic :allout from such restrfcticna a•ould go much further. Not only will thousands of jobs dircctly rclr.tco to cho tobacco induatry be lost, so will tens ef thousanus uf othor ;obs aroundl the country which are indirectly dependent on the tobacco industry. Norkers involved '_n: transperting tobacco products, providinq supplios such as paper, cardboard. '_nks and .n..achinerv, the hospitality industry, retail ealoe such as orocerv and convenience stores and countless other industries will :eel the adverse impact of these regulations. vany of these workers are union membars. He arv also ccncnrnad that cnforcing thoan rogulations wfl7 forcn tho FDA to stretch its already _imited resources and deny the lvnericnn public '_he critical serviees for which it wns crentcrd. FSnally, the proposed regulations would ceriously threateu v.tabflay of professional motorsports and other sportlnq evonts. Thie not only would deny men and women around the ooUntry thoso popular recreational actiViaes, Dut also laad to the loss of jobs associated with puttinq on these evente. Again, the problom of teen smoking warrants serious attontion. But requlat!nG away thousanda of American joba is not the way to do it. covernment should encourage employment, not destroy it. Tho proposed regulations now before thc FDA go well boyond curbing teenage smo)dng and are aimod at dostroy'-nq an Amerfcan indu.ctry and a,I the jebs dirnctly and indircctly aeeoeiated wIth it. 4349 N•W. 361h Street 0 Miami Spring9. Flortda 33166 - (305) 88T•4033 • Fax: (305) 884•1746 THU MCN ANO WUA/EN OF THP lAM d AW LEADING THE FIGHr FOR AMERlCA' S WORKtNG FAMILIES I ACAII.

couNrr nulan R ~wa U ff ~ ® c_ fY*4zAiCC (sllfA A,F•L C.1.0. `-V `rRUCTION TRARES Mall To: 3057 Wdst Broward Boulevard Fort iaudoidalc Florida 33312 305•792•2865 FAX (305) 797.7924 Dockete Manaqement Branch (HPA-305) 8rood and Drug Administration, Room 1-23 12420 4ARXLAIiN DR. Rockville, KO 20857 Rt: 95N-0253 (Requlations Rostricting the saio and'Distribution of Cigarettas and Tobacco Products) On Behalf of the Broward County Building r,nd Construction Tradee, ' am writing to eapress our opposition to the Food and Drug Administ.retion' s proposed repnlations on tobacco product7. controlling HaleC of tobacoo products to minors is an important issue. ftowever, we beiiove FDA rngulation is the wrong approach. The proposed regulations, taken in theiz entirety, wii'l cortainly lead to much moro severe contro7.s on the use of tobacco products by adulta. Thia would have a devastating impact on the tobacco industry, This industry is highly uninnired end oftexf workors high waqee and extensivo benefits. The joba ot thousands of our union brothers and sistere workinq in the intluetry at0 ;eopardized by FDA re9ulation. Many of these workers are women and minorities. But the economic fallout from such restrictione would go much further. Not only will thcusands of ;obs directly 1•einted to the tCbadto ihdustry he loat, so will tens of thousands of other 'obs around the country which are indirectly dopendent on the tobacco indue±try. Workers invol•.•ed int transporting tobacco Products, providing supp=ies ruch as paper, cardboard. inks and machinery, the hospitality industry, retail sales such as qrocery and convenience stores and countless other '.ndust.r_nc will.fee] the adveraw imrrct of those requlatione• Many of these workers are union members. We are also coneerned tbat enforclnP these regulations will force the F7A to stretch its al•ready limited resou:ces and deny the tunerican public the critical services for which it was creatod. Finally, the proposed regulations would seriously threaten the viability of tirofessional motorspOrts and other sportinq events. This not only would dmry men and women around the country these popular recroational ectivities, but a1s0 lead to the losa of jobs associated with puttinq on these eventa. Apain, the problem of teen smoking warrants serious attention• But reQulati.n.a away thousands of American ;obs is not the way to do it. Government should encourage employment, not destroy it. :he proposed regulations now before the F'OA go we1.'. beyond curbinq tnenaqn mmnKinq nnd are almed nt. de.trnyfng An Amerioan industry and ail the jobs directly and indirectly asaociatetl with it. 0

BR®WARD COUNTY AFL - CI® DANtB[. REYNOLDS E4eueml FRANK C.OR71S V'rte prpidem SALLlSA. R1C11ARDVILLL' Spep.T'I}Hwrce DAVHLARBAU .•SC~lirtJl~Mlllf TONY CANNBSTRO Thuee JACK DOWNS nv.ee ROD I IOLLADAY Tuaee G1AR1A D. PR2iSSLHY tYnurc NDY WILDS flvree WAf.1T:R 1. 13ROWNJ? DNNion Viw Plcxldent LOU FALZARANO nlvh/m Vi.. 14raA,m 19ANN PRFNCIF7 pfvi.mn V~<a rrr.Men, 'ONY G2NTILF DrvM1an Vice Prcadevt DONALD IA RO'1'ONDA Divi,mn VK< Ptt+ldent JAMES A. W eLl)ON Oivieinn V¢e Prmkcm Doeketa Management Hranch (HFA-306) Food and Drua Administration, Room 1-23 12/20 PARKLAWN DR. Reekvilla, MD 20857 RLI fl5N-0253 (Regulations Restricting the sale and Distribution of Ciqarettes and Tobacca rroducts) On 6eltelJ: ur Ute Dtowdrd County AFL-CIO, am writing to oxprcss our oppoaition to the Food and Crug Administration's proposed rrqulations on tobLcoo predUcts. ControllSng sa1Gs of tobacco products to miC.ore Ls an important issue. Howovor, we believe FDA regulation is the wrong approach. Thu proposed regulations, taken :n their entirety, will certainly lead to much more severe controls on the ase of tobacco products by adults, would have a tlevastating impact on the tobacco industry. 'his indust.ry is hiphly unionized and offers workers high wages and extensive benefits. :he jobs ef thousands of our union brothera and sistera working in the industry are jeopardized by FDn regulation. :".ahy of these workers are women and minorzticv. but Uiu euonomiu :alloul flotn suah tenlactiuiis wuuld yu uuuh fuzLlml. ?1uL only will thousands of jobs directly related to the tobacao Sndustry be toat, 40 wi11 tons oL thousands of other : cba around the country which are indirectly dopondant on the tobacco industry. Workers involved i transporting tobacco products, providinp suppJlen auch as paper, cardboard, :nks and machinery, t1:e cospitality industry, reta)1 eales such as grocery and convenience ?t.ores and countless other _ndustr:es will feel the acverse impact of these regulaticns. Many of these workers arc union aembers. we are alao coneerncd thnt cnforcing thcnc rcgulatlona wt' :orcc tJ!c Fr,h L^ stretch :ts alreaey li:nitec resources and deny _he .,mer:cnn pubJir, the uriLiGAl ::ervlOrn :ct 'dtlca ii- wab tieatad. Finally, the propoaed repulations •.ou1J ?er!busly t.`.reatan the viability af professional ;aotorsports and other sportLng events. :his not only would deny men and women around the country these 1:opular recreational actl'lltles, but also lead to the loss of jobs associated with putting on those cvents. Again, the proolom of teen smoklnp warrants serious nttention. 3ut regulatinq avay thousands of American jobs is not the way to do it. Government ehouJd eneouraqe employment, nnt de.t.rny 1t. rhb proposed regulations now before c.".e FDA go woll beyond c•.ubing teenage smoking and are aimed at destroying an Nacrican ',oduatry and a1: tho jobs di:ectly and '.ndircnr.ly a.*nr.;acnd with Exeeutive Vice President Frink C. uffis 3057 W. Broward Boulevard • Ft. Lauderdale, FL 33312 •(305) 584-7370 • Fax (305) 797• 7824 _~J,

United Union of Roofers, Waterproofers and Affied Workers B00' ' ItS UNION LOCAL NO. 77 ALLIE A.RICIiARDVILLE Business Manager Dockets Nanaqement Branoh (ffFA-305) Food and Drug Administratioa, Room 1-23 12420 PARKLARN DR. Roekville. MD 20857 14ES 95N-6253 (Requlationa Restrictiag the sale and Distribution ot Cigarettes and Tobncco ProducLa) On Behalf of the Roofers union Local Y1, : am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobaoUU ytvuuuls. eunlrclling sales of tobacco produets to minors is P.n important issue. However, we belicvc FDA regul.at:on :s the wrong aoproach. The proposed regulations, taker in their entirety, 'aill certainly :eed to much more s..aere controls on the use of tobacco products by adults. "his would have a devastating itpxct or. the tobacco industry• :hie indusrry :s highly unionized and oP'ers workers high wages and extensive benefi`.s. 'hc jobs of thousands of rn:r un5nn hrnr.hers end stetC:? working in the indunr.ry are ;eopard!zcd by FDA regulation. Many of those workers are women and minorities. But '.hc oeonomie fallout from such :eat::ictions would ce much :urtheT. :]uL only wiJl thousands of jobs dircct]y r.elat.ed to the tobacco induetry be loat, :o will .ens VL LlruutlAnd3 oL other ;cba around t.`.e country Wh3dh dre indirectly dependent on the tobacco industry• Workers involved !n: transportir.g tobacco products, provrdina supplies suoh as paper, cardboard, inks and machinery, the hospita]ity induatry, reta.: salea such as grecery and convenience storee and countless other indu.tries will :eel the adversc ic.pact of these requlations. 4any of thesc workers ere union members. Fe are also Concerncd thaL onCOrcinc t.lene re0ulationC will _`or.c Che F9A LO stretch L~a already _ alted rCsource6 ~nd deny the i.mer:can public thc critical aOrV:OCS for which it was Oreate;:. i t sr- Pina]ly, tf,e ucoposeJ cryulatiuus wuu'_d seciuusl,y UiceaLeu t1:e viability :;: professional :r,otoraports and other sport:ng events. This not only would dcny melt arrd wumen around the count.ry thaee popular recreational activitiea, 'uut also load to the :oss of jobs aeeociated dith putting on these events• Aqain, the problem of tcen smokir.g warrants serious attcntion. Out rcqulatir.g away thousands of American jobe is not :he way to do it• Governmcnt. should encourago employment. not destroy it. The proposod reoulations now bcforc tnc FDA go well beyond curbing teenage smoking and are aimed at deetroying ar. Amer+ann ;nduary and a11 thm ;ch. ,iirece!y and indirr.ctly nasociotetl wit.h . r Solidarit .~ ~9~Pf!u/1(S~~ardvillr flusiness Manager 3057 WEST BROWARD BLVD., h'I'. LAUDERDALE, FLORIDA 33317 • 792-4270 • FAX (305) 797•7824 aD)

I olrec nf, Prank C. Ortis, Presiden[ FLORIDA STATE COUNCIL International Association of Machinists & Aerospace Workers -00„ Doekets Management Branch IliFA-3081 Food and Drug Administration, Room 1-23 12120 HARRLASCR DR. aeckvilia, >io 20857 Ris 95N-0253 (Regulations Aestricting the esle and Distribution of Cigarettes and Tobaoco Products) On Behalf of Ule Florida StitO Council oS Machinists, I am writing to ekpresa our opposit'ion to the k'ood and Drug Administrationis proposed regulaticns on tObACcO produats. Controliing sales 02 tobacco produOts to m,ihore Ss an important issuc. Hewevor, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead tc much more severe controls on the use of tobacco products by adults, This would have a devastating impact on the tobacco :ndustry, This industry is highly unicnized and offers workers high wages and extensive benefits. The jobv of thotuands of our union brothers and sisterv working ib the industry are jeopardized by FCA regulation, :3any cf these workers are women and minoriticc. HUt the cconomic :allout .: m suc11 ::e8trictlWlA w0uld gV II:uCl1 fU:'thkz. :7u1, only will thousands of jobs directly rolatod •:c the tobacco induatry bc lost, 'JO will 'ens of thousands o£ othOr ;Obs around '.he oountr.y which are. indirectly dependent on the tobacco industry, Workers involved in: transporting tobacc:o products, providing supplics Fuch as paper, cardboard, '_nka and machinery, :he hospitality induatry, rcta:l sales such as grocery and convenience s!:ores and countless cthor industrics will feal the adverse impact of these re;ulatione• Hany of these workere are union mcmtrcrsI We are alco concerned t",at enforcing tnece regulationc wil: force c'.`.c FDA t.O stretch !ta alreeey limited resources and cony the t.mer~-can public tnc critical scrviccs for which vt was created. Finally, t7e propcsed regulations would serioualy threaten the vfabfaty of professional motorsports and other sport.ing eventa. ?his not only would (ony men and women around the country these popular rocroationnl nctivities, but also lead to the lose of jobs associated with putting on these evente. Again, t.he problem of tosn smokina werrants serious attention. 'dut rcgulating away thousands of American jobs is not the way to do it. Goverr.n:ent should nncourage .mploymenr., not destroy it. Tho proposed repulations .^.ow bcforc t7e FDA go well beyond ourb'_ng teenage smo):ing and are aimed at dostroying an A@oric,sq lndyatry and all the jo'4f d:rC':tly Ond '.ndirnc'.ly ea..nnintnd with it. D ~ J U1 N 00 o•

INTERNATIONAL ASSOCIATION of MACHINI5T6 and AEROSI'ACE tX7QRItI+%R'.3 nFl.• CiC) BLMINOLE LOD06 N0. 368 P h one: 13051 834.0310 4340 NW 3$th 9t•. SWte 106 Mlunl. FL $3106 FAXt (305) 0H4• 1745 Dockets Manaqemont Branch (`1F1+-305) Food and DruQ Administration, Room 1-23 12420 BAri1CAAWN DR. Rockvilie, )6D 20e57 AC7 45N-0257 (Regulations Restricting the sale and Cistribution of eigarettos and Tobacco Froducto) On BehalL of the SAMaAW Local 368, : am writing to express our opposition to the Food and Crug Administration's proposed regulations on 'wbacco products. CAhtro111ng salec of tobacco produets to minors is an important iseue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in thelr entirety, wi11 certainly load to much more severe controls on t~lo use of tobacco prooucts b,v adults. This would have a devastating impact on tho tobacco industry. This industry is highly unionizod and offers workers high wagos and extensivn benofits• Tt:e jobs of thoueands of our +.nion `rnthers and ..istera wnrkinq in thc fndu.try are jeopardized by FDA regulation. Xany of theec workers are women and minoritiee, But the economdd fallout °rom such restricticns would qo nuch further. Kot only wi1: thousands of ]obs directly related to the tobacco industry be lost, so will tans of thousands of other ;fobs around the country which aro fnddsectly dependent on the tobacco industry. Workers involved in: transporting tobacoo products, providinp.supplios auc:i as paper, cardboaro, inks and machinerv, the hospitality industry, retail sales such as crocerv and convenience stores and count:ees other indur.trios wil. :ee1 the adverse impact of these regulatio.s. Many of these workers are unlon membnr.4. Wu azn also concerned that onforc:nq thase raqulations w:1) forcn tl:o Y?!A C stretch its already 1lmited resourecs and deny tne wnor:can pvblic the critical servieea for which it was creeted. . Finally, the prepoaed requlaLiouv would seriously th.eaten LLe viab:l ay of profcssional motorsports and other sportinq events, This not only would deny men and women around the country theae popular rneroat.onal aotiviCic•k, but alao lead to the iose of 'obs aseocjatod with putting on theec cvents. Again, the problem of toon smoking warrauts seriouis attention. eut ragulating sway thousands of American jobs is not the way to do it. Governmant should encourage employment, not destroy it. Tha proposed reaulations now before the FDA go woll beyond curbing tcenage smol;ing and are aimed at destroying nn Ameziean industry and a]; r.he jobs direeCly and ind!rcct_y aaeociated with it. rl~f 8ol:.darity, tt MJFio Presider.t

Pnto"tt#ranut f ~; ; 1 ~ratf~erfwix3 ~Iettr4r~ri ~ . ~ur~r.rzs LOCAL ko. 728 EICCTRICA~.WC)RKCRe BUILDINC 2n1 9oUTMCALT 24twtTRCCT rORTtnuoCwetI.l:.i'LORiuA 30aiG•3?B5 13051 SSS•S IGe /V.K 1:IOSf fiS8•9'74Y Dockets Manaqement Branch (H8A-3051 Food and Drug Administration, Room 1-23 12420 PAAiCLAWN DA. Rockville, MD 20857 RL7 ?SN-0253 (ReQulations Aestricting the sale and Distribution of Cigarnttes and Tobacco Croducts) On Dehali aS the rHLW Local 728, I am wrStinQ to uxpresa our opposiU on to the Food and Dru7 Administration's propo:sod regulations os tobacco products. C:Ohtr011111Cj 8aJ.et of tCbaOCO rr0dnct¢ t0 mi110rs ?s an :P.1p0Ytant :snUo. Howover, wp believe PDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certai.nly lead to much more severe contro:s on the use of tobacco products by ndults. :'his would have a devaetatinQ iapact on the tobacco industry. ^his industry i highly unionized and offers workers ::igh wages and extensive bcne.fits. The ~Obs o£ thousands o: olS union brothers ?nd alet,ert wlrking in t.hc1 !Rn11p8ry are :eopardized by FDA regulation. uany of these workers are wombn and minoritics. 6ut Lhe economic fallout from such restictions would go much further. Not only wi11 thouaands of )obs directly related '.0 the tobacco cndustry be 1ost, 00 Will tons of thousands of other :!obs around the country which nrp• indirectly dependent on the tobacco industry. Workers involved in: traneportinq tobacco products, providing aupplies uuch as paper, cardboard, 3..^.ka and machineryr the nospitality industry, :etail sales such as qroeery and convenicnce s~.eree and count:ess et.`,er !ndustri:n will .eel the advorso impaet o: :hese requlations. kany cf those workera nre c.nior1 mombers. f9e arc alo0 concerned that enforc:nq thaan regulations wiil force cno FDA ;o stretch !ts already limited resources and deny the Amerl.cnn public the cri*.icall services for which :t wss created. Finally, tno proposed regulations wouid snriously threaten the viability of profossional motorsports and otner sportinp evonts, This ::ot cnly would deny man and women around t.",o country thesu popular recreational activities, but alao 1044 to the lOSS of ;obs aesociated with putting on those Cvents, Again, the problem of teen smoking warrants serious attention. Dut re0uletinq away Ghousands of American jobs is not the Way to do it. C+overmnent should .neouraQe employment, not destroy tt. Tho proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying nn luaericsiASndustry end n77 the ;obs diroctly and 7ndirectly associeted with it. Z/j1/1;rv. ~ ; ~ .~--- Jim do n Business Manager

Again, the problem of teen smoking warrants serious attendon. But regulating away thousands of Amr,ricaa jobs is not the way to do it. Government should encourage empioyment, not destroy it. The proposed reguistions now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American indusay and all the jobs directly and indirectly associated with it. Sincerely, Vester Newsome Financial Secretary Treasurer

221•35/1 ~~eart CL.acal U®nian o. 57 555 BA9T RIcx STREEf CQWMBUS, ONIO 43215.5395 BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAI, UNION 0f AMERICA AFL • Olo September 26, 1995 Docket5 Management Braach (HFA-305) Food and Drug Admiaissratiotr, Room 1-23 12420 Parklawn Drive Rockville, MD ZOSS7 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of Bakers Loca157, 1 am writing to ezp Mss our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and eztensive benef3ts. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers• involved in: transporting tobacco products, providing supplies such as paper. cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulaticns. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. LOOK FOR TNIS 4UEt ON imu OAKERY & CONFECTIONERY PROOUCTS

PLUMBERS & I'IPEF1`X'TEKS LOCAL UNION No. 719 Of the United A...acrutinn o(,Iournet~men nne( Apprenticas of the l'lumbinK and I'ipc Piltinlt lnht.fi,y nf tlu llnitrd 9totas and Cunudo 2302 RQU'I'H ANl)NIiWS 4\'KNUS t'1'• LAU(1HIti)AL(3. r( LNtf UA 33S (6 Phones:.{3051 527.•2572 13051522•0263 r•ax: i3os~ a7a.Wa Dockets )danaqement Sranch (Hr'A-305) Food and DruQ Administration, aoom 1-23 12420 PARKLAWN DR. Rockville, MD 20857 REt 85N-o253 (Regulationa Restrictinq tho salo and Distribution of Ciqarettee and Tobacco rroddcts) On Behalf of the plumbers and Pipefitters Local 719, : am •ar'_tlnp to express our opposition to the Food and Drug Administration's proposed roqulations or• tob6oco prdduots. controL'ino sales of tobaccd productn to ainors is an :mportant issuc. :bwever, we believe FDA regulation is Che wrong approach• The proposed regulations, taken in their entirety, will certainly :oad to much more severe controls on the use cd tobacco prod0.eta by adu]ts, Chis would have a devastating !npact on the tobacco induatry, T.his industry is highly unionized and offors workers hiqh wages ar•d extensive L•onofits. "ho jobs of thousonde of cur union rrothcrs end sisters worKir•q in the '_ndustry are ;eopazdized by PDA regulation• Many of these workers are women and minorities. But the economic fallout f.om such rrstrictions would qo xucIn further. ttot only will thousands of ;obs directly related to the tobacco industry bd ioot, so will tene of thonaantla o: otner !oba around the rur,try wh:c.`h ar¢ indirectly dependent on the tobacco Industry. Workers invo'.vod in: transportinq tobacco products, providing supp'-irs•sucn as paper, cardboard, :nks and naehincrl, the cospitality :ndustry, rctat: saloa such as grocery and convenience s-ores and countlesa other industrics will Lael the adverse inpact of these regulatione. Many of t."•eee workers nre unlnn mcmbers. We are also concerned thatt enforcinq these reOu:at.cnF w'ill cor:0 the I''JA to stretch its already :imited rosourccs and tony the Amcrican publtc t':e critical services for which it was creetr,d. Finally, the proposod requlatiuns wou'_d serluusly tltzeaten t::e viabiL'ty of profeesiona: motorsports and other sporting events. "his not only would deny man and women around t•^.e country these qoptllar i'eCreational aetiVitiee, but also lead to the lose of joba associated with putting on thene events. Atlain, the problem of teen smoking warrants serious attention• But rep¢iatinp away thousands of ~merican ;obe is not the way to do it• :over.:mont should encourage employment, not destroy it. :5c proboaed reoulations now before the FDA go well beyond curbing teenaqe s:aokinQ and ezo aimed at daetroy0ng ar• A)urican :ndast.ty and at1 !.ha jnbe dirnctly and indirectly aseociatcd with it• Businees Manager oli Ca1Jer

We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seribualy threaten the viability of professional motorsports an other sporting events. This not only would deny men and women around the country thase popular recreational activities, but also lead to loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. Hut regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the J.obs 'directly and indirectly associated.with it. Sincerely, Carl M. Rolzknecht Business Manager Sheet Metal Workers Local 110

40t uMuaawcoea.ro.i. page 2 airefldy limited resources and deny the American public the crtdcal service+ for which it wa+ created. Finally, the proposed regulations would seriouety threaten the viability of profeseiatszl motor sports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now be£otz the FDA go well beyond curbing teenage smoking and ate aimed at destroying an Ametiran industry and all the jobs directly and Indirectly associated with it. A ~~i~:[d~~.--- Hathata Walden, President Bakors' Local Union No. 19 BW/may

LdCAL UNION No_ 19 10'~*~ ~'1R`~~y iB70 EAS7 18TIi 31R8ET -_CLEVELAND, OHIO J41143894 PHONE: 21E1T11•538E 1i04,96M120 51X:216/7114232 September 29,1995 Docloeta Management Branch (HPM305) Pood andDrugAdministntion, Room 1-23 12420 Parklawn Drive RocJn9lle, MD 20857 HE: 95N.0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Ptodtuss) On behalf of Halcers' Local Union 19, I am wdting to express our opposition to the Food and Drug Administration's proposed regulations on tobacco pvducts. Controlling sales of tobacco products to minors in an imporant issue. However, we believe FDA regulation is the wmng approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry an: jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic faIlout from such restrictions would go much further. Not onky will thousands of Jobe ditscrtq related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirect2y dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, lalca and machinery, the hospitality industry, retail sales such as grocery and convenience storea and countless other indusnies will feel the adverse impact of these regulations. Many of these workers ara union members. We are also concerned that enforcing these regulations will force the FDA to scretch its

PWTWG Admfai3ttanon Oaoba 3, i993 Apza, the pratrtem of taa gmckiag wartaats saiaav attention. But regulatiag away thousands of American jobs is not the way to do it Govanmeac 5hwld encousage emFilnymeat, not desteoy it The ~aoosed iegaJaticas now befae the FDA go well beyoud ctutifag axaage ~motdng andam aimed at descoying an Ameican industry and all the jabs cfhcriy and indtrxtly assaciated with it Siucmvi~ Rcbest Y. Farsingooa Bu.vtive Sxerrary-T=surns

OHlO STATE BUfLDING AND CONSTRUCTION TRADES COUNCIL 236 E.Town Street Columbus,ahio 43213 221-3682 Ocxober5,1995 Doclaess Maaagtment Stanah (fFA-305) Food Pkidwit Dd~ Boom 1-23 i7A?Aan RookviIle, MD 20857 RE: 95N-0253 (Regulatieas Resaicring the Sale and DfsuibuQon of Cigareste,s and Tobaao Produou) On behalf of the Ohio State Building and Consttuction Trades Councii, I am writing to express our oppasidon to the Food and Drng Adminisiration's proposed regulanons on tobacco gmducts. ControIling sales of tobacao produots to minoas is an imoostant issue. Fiowevec, we beiieve FDA reguladoa is the wrong approach. Ihe proposed regniations, talcza in the9r enamy, , will ce.hainiv lead to much mstte sevess controls on the use of tobacco ptvducts by adutts. This would have a devaa" impacs on the tobacco iadustty. This mdusrry is highly unionized and offecs worirers high wages and eztensive benefits. The jobs of thousands of our union brothers and sistess woridng tn the indusuy a:e jeopadized by FDA rtgulation. Many of these worY~s ate women dan minontes. But the economic fallout from such ttscicaons would go much ft¢rher. Not only will thousandi of jobs dlsecsly related to the tobacco industry be last, so will tens of thausands of orher jobs amund the counay which am ind'atctly dependeat on the tobacco iadustry. Wos9a'n involved in: usaspartiag tobacco producn, providing supplies such as paper, cardbflazd, inks and machinery, the hospitahty indwtry, remil sales such as g:ocery ana convenience stores and countless other mdnsitses will leel the adverse imgact of these regulations. Many of these waslaas aro union members. We an; atso concened that enfotcing these regulations will fotce the FDA to stcach its airte,dy limined reaocatxs and deny the Aaxricaa public the eritical setvi¢es for which it was arated. Finally, the pjogosed segulations would setiosLsiy threaten the viability of Tmofessional rmotor sports and other sporting events This not only would deny tnen and womea around the caunay these popular nxcreanoaal activities but also lead to the loss of jobs associated with puaing on these events.

Sheet Metal Workers' International Association LOCSL UNION No. 110 Ranald MaCaI11Wr lilehaer Sohular Buanese R.praartatlvaa 7711 Beulan Church Road Lcuievllle, KY 40228 . Oapt G. Haizkneeht Phone 502•231•2540 Buelnaa ManeeerrFnanclal Secy. FAX Bp2.231-25gs October 3, 1995 Dockets Management Branch (HFA-305) Food and Druq Administration Room 1-23 12430 Parklawn Drive Rockville, MD. 20857 RE: 95N-:353 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) on behalf of Sheet metal Workers Local 110, 2 am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However we believe PDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. The tobacco industry is highly unionized and offers workers high wages and extensive benefits. The jobs of many members of SMWIA Local 110 depend on the tobacco industry. The jobs of thousands of other union members working in the industry also are jeopardized by FDA requiation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. (1) America Works Best When We Say Union Yes

Pinally, the propo.ed ragafationr woutd serzou.iy chreaten the viability of profesaonal momreposss aad other apatdag .vaata. 'I1iie not oaiy would daay maa and women arqund the couasy tham popnin racteadonal acavit3es, but aLa lead ao the los of jobs aaoelaaed with putdng on dtaa .wma. ABFia. tlu peoblem of tean amoldag waraats urianr attsation. But regulating away ehduradt of Amaian joi» io aot the way to do it. Goverment should esicounge en~ploYmen; aot deaaoy it. The praposed regaiadons eow before the FDA;o weIl heTond aabiag meaage amoldng and ate 4aud st deeaoying an Amerieaa lndsuey and all ithe jobs d{reedp and 3sdirnesiy modsud with it. Sincerely, I Cbariie willian Preddeat

Draft submissions from tobacco locals to FDA Dockrts Management Branch (HFA-305) Food and Drug Administtation room 1-23 12420 Parktawn Drive Rockville, MD 20857 RE 95N-OZ53 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless 'Ibbacco Products) On behalf of the Bakery, Confectionery and Tobacco Workers Local (local number), I am writing to ezpress our strong opposition to the proposed regulation of tobacco products by the FDA. The proposed regulations, taken in their entirety, will eertainiy lead to much more severe controls on the use of tobacco products by adults. They go right at the economic viability of the industry and in turn the jobs of our members. What is most outrageous is that rarely in all of the debate over tobacco regulation is there ever a mention of the jobs of thousands of hard-working men and women whose livelihoods depend on the tobacco industry. The excellent wages and benefits we earn enable us to provide for our families, send our children to college, care for our parents, grandparents and grandchildren. Becaase of these wages and benefits, we bolster the standard of living and quality of life in our community. 'Ibbacco workers will not be the only ones hurt by this attack on the tobacco indus- try. The people who work in the businesses we patronize -- the restaurants, grocery stores, appii- ance shops, hairdressers and car dealers to name a few -- will pay a high price as weil for these misguided and punitive regulations. Our union agrees that teen smoking is an important issue that should be addr°ssed. But regulating away thousands of jobs is not the answer. States are already rcquired by [edemi law to pass iegis- lation restricting access of tobacco products to minors. Our union and the industry support these efforts. Tbbacco is a legal product produced by American workers and should continue to be treated as such. A pertxntage of American adults will choose to use tobaceo products. The real issue is whether they will be made by American workcrs who earn high wages and extensive benefits or by overseas workers earning substandard wages and no benetits. The FDA should reject these proposals and utilize its already limited resources to provide the services to the American people for which the agency was created. Sincetely.

URGENT ACTION NEEDED TO STOP FDA REGUL?;I'ION OF TOBACCO The federai Food and Drug Adtnimsttation (FDA) is currently reviewing the Clinton Administra- titm'spmpo sed regulations on tobacco. This is technically known as the "comment period." The deadiine far subntitting cotmnents about the proposed regulations is November 9. FDA regulation of tobacco is the most scrious threat to our industry and our jobs that we have saa in many years. If the FDA is given regulatory authority over tobacco products, then full- scale probibition may follow. Iast year, many members wrote to the FDA about this issue. Once again, we are urging each member to write a personal letter to the FDA for the official record. These letters are more criti- cal. than ever. Our liveiihoods are at stake. Thank you for your assistance on this vital program. POINTS TO INCLUDE IN YOUR LETTER • Identify yourself. Give your name, job title, union, local and plant. • State your opposition to FDA regulation of tobacco. • Indicate that the proposed regulations and further restrictions which will certainly come down the road will cripple the industry and threaten your job. • Explain the impact of FDA regulation on you and your family, livelihood and community. • Describe your concerns with underage smoking but explain that regulating away good jobs is not the way to address the problem. • Letters should be addressed to: Dockcts Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 WHAT TO DO WfTH YOUR LETTER • Please return the letters to the union office or a steward. The lucal union will send the letters into the Food and Drug Administration. However, you must stiil put the address on your letter.

The Case Against FDA Regulation of Tobacco - An Overview FDA Doeff Not have iurisdiction Over Tobacco • For utore than 90 years, Congress expressly reserved authoriry to regulate cigarettes. • FAA has. consistently found no basis for regulating cigarettes. Courts have agreed. Proposed FDA Reauiati ns Would Trampie the First~,mendment • The ntle constitutes a de facto ban art tobacco ads and violates the First Amendment. Tobacco is AiQhiv R ~elatpd • At least a dozen federal agencies and every state exert controls over tobacco. It is one of the most highly regulated consumer products. • In 1992, Congress passed the "Sytvar Amendment,' which directs states to take responsi bility for youth access. The Clinton Adtninistration has not implemented the law, FDA Cannot Handle Current Resoonsibilities • FDA is finiling in its core mission: to assure that safe and effecuve dtugs, medical devices, and food are availablc to the American public. • FDA has scattered its focus - a quest for power at the expense of medical rteeds. APronosaiv Would Not Reduce Ynuth 4mokina • There is no compelling evidence that anything which has been targeted for FDA's control causes or contributes to the problem of youth smoking. • Long-terrrt data shows overall youth smoking rates declining, while illicit drug use among teetts is increasing at an alamting rate. • Intetaationai experience refut.es tlie connection between advertising and the decision to start smoking. • Cigarette manufacturers continue to offer real world solutions to concerns over youth smoking and cigarette advertising and promotion.

i Wisconsi~Sh" ~ ouncil of Senior Citizens, Inc~ ~ f~6n WwGtssSadAvw •. 8nitaA7ao ' W.ikAllL. WirmssfaAS41~ (4S~y 4~i~00SQ ~ F~e(41#) ~i3A0SL Qetober*, I99S . FDaodm~ d Drn~,Dr_o Aao~ i~33 1?~140 P~idswa ..• Ra: 9f N-0?.T3 Qld6clation'.s raszicmg stts rrs aadd dtvz~%mld= ai dgaesmsaad•. moaczo.. po~) Cst baaalE of the T{.conait Saae CamuiI of Saaiar CItiseat, I an wsitiag s* exgsess aar appoitioa m the Food sad DxagAdmfnismnoa's p=oposed csplanions oa mb.a:v: prodaca. ConaolUag Ules of eob.rso.prodnca m, srlaors is aneimpotseucisom Fiow . ..et,, vxt b.iis.e FDkr%qaIAdoas fs dtt wmag.ppeoach. ' :; .:.. Z1ie peopo.e~sr~nfidnaa; taba im *err eatttser, wilL casscalp fead tomncva maza a..i: coaQOlr oa the an of'tobsc= psadaeabf adaltL MR woui& hs.e v dsv.sc.dagimp= oan the oobuw indaarr."Ih.is iaduswr i"s UgIiit uaiaaisad ,.nd: oife~swaa~oss hfgla waqes .ad exQads beastix Ths jobs oE macrehonoadt of`Baios mamiers woddawiae ds iadnvrr ue /top.edls.d bt FDA sap2adoaR. Macyr ot.tfmir wo:iosma=e momem.a& miaoririms. ats Sam Caonels ismade up oE mon* csmisad: smtoamemb.ra Bur the aeanomie 5d!'oar fxom: xsek reaicciaaa woold go, mne'rr, fn~w Nct oalr .Yi31; dtoammds o£ loba &sedy re3sted to dss tobaeea iaduwr be low, 3o will Ms of dtou:aads o£ odi.r JaBs around the eamsrry whleh a:e iadirsedy deaeadeat owtba coba=n Iaduraq. Workers invol.ed la e.Wotdag oohma pradnca, pswidtag uippiiaa eu& aa papar, nrdboard. 3alas• aad machiaarr, the horpidisy indu~, raa&ii a.las aufr as g:ocart aad aoaiveaieaee aarat.ad cocadrar; oshar inda.aier wiil faad eha advassr Empsa o£ shM repktioaa. M.aT of ekias worloea ars msioa m.m6ara. WQialQ fiW CoIIpSII'Sed thst Oa£orCiLg then +rgr...+oiSd 7RI foPCQ the FDA m QG9LCi1 i7 dsai~dr ~ ~l~im~imd cwouems and deny the Ameriean public the ~dd aervicea for w(Sieh ir W~~ 4i'WR4. . I IAl7:..1_J..A1• ~I.. \t..l....! I'_....Jf .PQ...1.. /"hl- , HT..Lir..~nr M ('

ZAA7, KH ~.t- =d FdaW4L 744vu eU=&naMzan t0401 CONNECTiCUT AVENUE. KENSINGTON. MARYLAND Z0895-3951 TELEPHONE (301) 933-88D0 FAX (301) 946-8452 FRANK HURT INTL•RN/.TIONAL PRC3IOENT lYII;A'SQR 6.PIDUM October 2, 1995 FROM: Frank Hurt internadonal President TO: Principal Cf°cers of U.S. Tibacco Locals SUBJECP: FDA Letters As you know, the BC&T has been working closely with the'Ibbacco Labor Management Com- tnittee to fight the proposed Food and Drug Administration (FDA) regulation of tobacco products. Currently, the FDA is accepting "comments" on the proposed regulations for the record. This is a critital time period on this issue. The deadline for submitting "comments" is November 9. It would be cztremely helpful to these efforts to have the principal officer of the local union and the membership offer submissions to the FDA in the form of lettcrs. Attached, please find a sample letter for the principal offices of the local union to send (on letternead) to the FDA and a background sheet for the members as they prepare their personal letters. Also mcluded is a summary of the proposed FDA regulations. We are recommending that the members give their letters to the local so that you can package and send them in to the FDA. This will help you monitor the progress of this campaign. Please feel free to make any changes you feel necessary to the sample ]etter or the bac3cground sheet. w6 would appreciate it if you would send copies of the local union letter and if possible, individual members' letters to me. Thank you very much for your assistance. If you have any questions, please call Public Relations Director Caroiyn Jacobson or Research Director Ray Scanncll. FHICJ7:kfw Fstclosures cc: Industry vice President Hobby Curtis U.S. Tobacco Representatives

Draft submissions from Machinists tobacco locals to FDA Dockets Management Branch (F1F'A 305) Food and Drug Administration Room 1-23 12420 Parklawn Drive Rockville, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products) On behalf of Machinists Local (local number), I am writing to express our strong opposition to the proposed regulation of tobacco products by the FDA. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. They go right at the economic viability of the tobacco industry and in turn the livelihood of our members whose jobs depend on the industry. What is most outrageous is that rarely in all of the debate over tobacco regulation is there ever a mention of the jobs of thousands of hard working men and women whose livelihoods depend on the tobacco industrv. The excellent wages and benerits we earn enable us to provide for our families, send our children to college, care for our parents, grandparents and grandchildren. Because of these wages and benefits, we bolster the standard of living and quality of life in our commttnity. Tobacco industry workers will not be the only ones hutt by this attack on the tobacco industr,v. The people who work in the businesses we patronize--the restaurants, grocery stores, appliance shops, hairdressers and car dealers to name a few-- will pay a high price as well for these misguided and punitive regulation. Our union agrees that teen smoking is an important issue that should be addressed. But regulating away thousands of jobs is not the answer. States are already required by federal law to pass legislation restricting access of tobacco products to minors. Our union and the industry support these efforts. Tobacco is a legal product produced by American workers and should continue to be treated as such. A percentage of American adults will choose to use tobacco products.

URGENT ACTION NEEDED TO STOP FDA REGULATION OF TOBACCO The federal Food and Drug Administration (FDA) is currently reviewing the Clinton Adminisuation's proposed regulations on tobacco. This is technically known as the "cotnment period." The deadline for subtnitting comments about the proposed regulations is November 9. FDA regulation of tobacco is the most serious threat to our industry and our jobs that we have seen in many years. If the FDA is given regulatory authority over tobacco products, then frtlbscale prohibition may follow. We are urging each member to write a personal letter to the FDA for the official record. These letters are more critical than ever. Our livelihoods are at stake. Thank you for your assistance on this vital program. POINTS TO INCLUDE IN YOUR LETI'ER • Identify yourself. Give your name, job title, union local and plant. • State your opposition to FDA regulation of tobacco. • Indicate that the proposed regulations and funher restrictions which will certainly come down the road will cripple the industry and threaten your job. • Explain the impact of FDA regulation on you and your family, livelihood and community. • Describe your concerns with underaee smoking but explain that regulating away eood jobs is not the way to address the problem. • Letters should be addressed to: Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr Rockville, NID 20857 WHAT TO DO WITH YOUR LETTER • Please return the letters to the union office or a steward. The local union will send the letters into the Food and Drug Administration. However, you must still put the address on your letter. I

zzi The real issue is whether the plants where tobacco products are made are in the United States or overseas. The FDA should reject these proposals and utilize its already limited resources to provide the services to the American people for which the agency was created. Sincerely,

~bacca taustr7 , - 1 r ;Sliage:dleilt OIIlIIllttee <erv. Confectionerv iIabaaeo Workers eZnaTlonll Union ernsuonai •uctanon or cnmuts una ro.pace WorHCrh ernannnal xherhonu cl fircnicr :, a+ter, September 25, 1995 TO: Paul Morris FROM: Leslie Dawson Harrv Kaiser Thanks for agreeing to help with the Tobacco Industry Labor Management Committee's FDA letter-writing campaign. As per our discussion, we have attached a sample draft letter for each local union to send on letterhead. We have also attached a background sheet for the members as they prepare their personal letters. Also included is a summary of the proposed FDA regulations. The deadline for submittine letters to the FDA is November 9 CrilaClnll:L aed 6rathcrhouu ur -pentcri.md loincr~ amencn C ZOOInltltllte As you receive the letters, please send copies to us as well as the FDA. We can be reached ca,o The Tobacco Industrv Labor Ntanaeement Committee. 1901 L Street, NW, Suite 300, lVashington, DC .0036. Harry will be in contact with you regarding visits to the plants. If you have any questions, please call Harry Kaiser (614/461-6547), Leslie Dawson (2021452-9457) orlackie Hampei(202/452-9453). Thanks again. ). Box niHl ~smnt-ton. dC 57ll 35

We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. At a time when our state is working hard to retain and attract high- wage jobs, we see efforts by Dr. Kessler and the FDA as economically counterproductive and dangerous. Tobacco is a legal product in this country and should continue to be treated as such. The Kentucky State AFL-CIO appreciates your consideration of our position on this issue and respectfully urges your favorable action. Sincerely, Pfesident I

The Case Against FDA Regulation of Tobacco -- An Overview FDA Does Not Have Jurisdicdon Over Tobacco • For more tlraa 80 years, Congress expressly reserved authority to regtdate cigarettes. • FDA has consistently found no basis for regulating cigarettes. Courts have agreed. Proposed FDA Regulations Would Trample the First Amendment • The t4fe constinues a de facro ban on tobacco ads and violates the First Amendment. Tobacco is Highly Regulated • At least a dozen federal agencies and every state exert controls over tobacco. It is one of the most highly regulated consumer products. • In 1992, Congress passed the "Synar Amendment." which directs states to take responsibility for youth access. The Clinton Administration has not implemented the law. FDA Cannot Handle Current Responsibilities • FDA is failing tn its core mission: to assure that safe and effectrve draes, medical devices. and food are available to the Arrtencan public. • FDA has scattered its focus -- a quest for power at the expense of medical needs. FDA Proposals Woufd Not Reduce Youth SmokinQ •'1ltere is no comoelline evidence anvthin¢ targeted for FDA's control causes or contributes to the problem of youth smoking.  Long-term data show overall youth smoking rates declining, while illicit drug use among teens is increasiug at an alarming rate. •[nternadonal experience refutes the connection between advertisinc and the decision to start smoking. • Ciearette manufacturers continue to offer real world solutions to concerns over youth smoking and cigatette advernsing and promotion.

~ eor~i/ STATE AFL-CIO E%ECUTIYE OFFKERt HERBERT H MABRY PREJ/GENT aICXARD RAY SECRETARY.TPEASURER aON NAPTY EXECUTIVEV(LE PRESIDENi At a time when our state is working hard to retain and attract hi?h-wage jobs, we see efforts by Dr. Kessler and FDA as economically counterproductive and danaerous. Tobacco is a legal product in this country and should continue to be treated as such. The Geor?ia State PFL-t:20 apprec_ates your consideration of our position on this issue and respectfully urges your favorable action. Sincerely,_ Herhert H. Mabry, President Georala State AFL-CIO i-CrDf:uor oaelu ?1 atl-clc _S _.:;~.` DISTRICT VICE PRESIDENTS WALTER DART. DISTRICT 1-LINDA RAY DISTRICT; -GENE ROBERTS. DISTRICT ]- WALTER LLEVEL0.N0. O1STRICT a NALTER ANDREWS. DISTRICT 5-OOYLE HOWARO. DISTRICT 6-GEORGE BULLOCH. DISTRCT 9- JOE PHILLIPS. DISTRCT 9- BARBARA FpSTER. OISTRIr,T 9-CHARLIE BARNEY. DISTRICT lo --.YARREN HILLS. O/STRICT :: COUNSEL HARRY eEXLEV Electric PIq2a BUiitltnn • Smin SEq. cq. =..n.am c..em ~ .. . vr.,.., ..,,..-., I.— .:- -,,. -- .,. ..,,., _

chrbwyws eeoa arsaM.nr iam.. Lndisns S.o.ury-ris..unr Exeoutive eaord T.J.W.~ xs rww u.~ c un. ~ TNCMw cwA rd~w UTwA s...Na. AfN1/ ,~..... AcrHv ,~ «,.. l1TV .r.r. reN.r ;w r a.n.n wr MMw N.n. w..e.. ~w..~ USWA T.m W.u."... ~ JM.Yry CWA wA eew .Ar IYNNPCRw. IAf/ IiRWA c.w. w A<GF ~ Nwar V/CW cxv wN, NORTH CAROLINA STATE A.F.L.-C.1.O. Post Office Box 10805 RaleigT, North Carolina 27605 Phone(919)833-8878 September 21, 1995 Dockets Management Hranch (HFA-305) Food and Drug Administration Room 1-23 12420 Parklawn Drive Rockville, Maryland 20857 RE: 95N-oz53 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to protect Children and Adolescents) On behalf of the North Carolina State AFL-CIO, which represents more than 175,000 working men and women throughout the state, I am writing to oppose the Food and Drug Administration's proposed regulation of tobacco products. The North Carolina State AFL-CIO agrees that youth smoking must be addressed. we support reasonable efforts and effective measures to curb adolescent tobacco use. But regulating away thousands of American jobs is not the way to do it. The North Carolina State AFL-CIO is opposed to FDA regulation of tobacco products because such regulations seriously jeopardize the jabs of thousands of men and women employed in the tobacco industry here in North Carolina. Many of these workers are members of local unions affiliated with this state federation and we care deeply about these brothers and sisters and their families. Moreover, the tobacco industry is an extremely important part of the economy of this state. Tobacco workers earn decent wages and can provide for their families in the American middle class tradition. In addition, the benefits they earn mean that they can contribute to their communities rather than costing other Americans for health services and other needs. Many of these jobs, in both leaf processing and manufacturinq are held by women and persons of color - both I ~.POif

KENTUCxY STATEAFL-CIO 34cF1 DEMOCRATDRIVE. FRANKFORT. KY 40601 502E735-6172 . 1•800•AFL•C1 D4K . 502•&96-6178 lax ®pm.e orrtems ao9ErRt ewarts R-e.. ecme '9ae-eAnrtrr Fmw. re~ Ac.wn a. cf" E,awS.c.i,.r ,ASatra wMVmN ~Emnar B. E FWAWUN OGWAVanv IWSEN .SWlar..r G1UCK RIM9EAUN 6ElYla.n.Y OHE LIFFEFFE ,4U~L,,..,.. Tp11lAPK3 ,ti~,W. 9oe8rMuR5ru11 UNtdu..+ !EO McCOFMiCK ~GiLe.n9'a+ JA4E5'KIP• qMLLIPS. :R. ~W6.n'u, ~.1.t iLUYMCNo : µ•4 Laua..» Ppl RELIECAO .ASCYECcwqmn -OESRLs uwwC.C'ry RCY4loR STCRMER CNAF! Ily.n.. 1E/KYL siFINGFA c+rsa,.,.. NENMEF ~ ML~ 0.FF01ioN wE00ING 9g u.o.o .EWw WYATT UlLr'tuo.+w nASr WpfUN BAYLESS CORE a'.d NEY PARKER ,MC P~ USAWALLACE C~m.a.cav~ D('tOUi MAAfIN CIE/I AOCplytl, September 25, 1995 Dockets Management Branch (FFA 305) Food and Drug Admini%rar;on Room 1-23 12420 Parklawn Drive Rockville, Maryland 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to protect Children and Adolescents) On behalf of the Kentucky State AFL-CIO, which represents more than 100,000 working men and women throughout the state, I am writing to oppose the Food and Drug Adminisuation's proposed regulation of tobacco products. The Kentucky State AFL-CIO agrees that youth smoking must be addressed. We support reasonable efforts and effective measures to curb adolescent tobacco use. But regulating away thousands of American jobs is not the way to do it. The Kentucky State AFL-CIO is opposed to FDA regulation of tobacco products because such regulations seriousiy jeopardize the jobs of thousands of men and women employed in the tobacco industry here in Kentucky. Many of these workers are members of local unions affiliated with this state federation and we care deeply about these brothers and sisters and their families. Moreover, the tobacco industry is an extremely important part of the economy of this state. Tobacco workers earn decent wages and can provide for their families in the American middle class tradition. In addition, the benefits they earn mean that they can contribute to their communities rather than costing other Americans for health services and other needs. FDA regulation of tobacco resulting in the loss of these jobs would cripple the tax base of many of our cities and towns. ..'W.

ot whom experience a significant wage gap in this state. FDA regulation of tobacco resulting in the loss of these jobs would cripple the tax base of many of our cities and towns. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. At a time when our state is working hard to retain and attract high-wage jobs, we see efforts by Dr. Kessler and the FDA as economically counterproductive and dangerous. Tobacco is a legal product in this country and should continue to be treated as such. The North Carolina State AFL-CIO appreciates your consideration of our position on this issue and respectfully urges your favorable action. Sincerely, Christopher Scott President CC: BC&TWIC Members IAM 108 Members CS/aj I

~ rorataSTATE AFL-CIO September 29, 1995 Dockets Management Sranch IFFFA-305} Food and Drug Administration Room 1-23 12420 Parklawn Drive Rockville, Maryland 20857 EYlCIITIVE OFPIGERS tiERBERT H.MABRY PRESiOENT PICHARO RAY SECFlA.TARY-TREASIIRER PON NAPTY ERECUTVE VICE PREALENT RE: 95N-a253 Regulaticns Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to protect Children and Adolescentsl On behalE of the Georgia State AE'L-CIO, which represents more than 350.000 working men and women througnout the state, i am writ,ne to oppose tne Food and Druc Administration's proposed regulation of tobacco oroducts. The ~3eor3ia State .:,FL-CIO acrees that youth smokina must be addressed. i•!e support reasonable etforts and e:fective measures to curn adolescent tobacco use. Sut regulating away tnousands of American )obs, is not the iray to do it. The Georgia State AFL-CIO is opposed to FDA reaulation of tobacco products because such reauiatlons seriously ]eopardize the :obs oi thousands 2f men and women empioyed .n the tobacco industry here in 3eorcia. Itany of these workers are members of local jmicns aif'_liated with "nis s*_ate =ederation and we care deeoly about these brothers and sisters ;nd tneir =amilies. Moreover. the tonacco industry is an extremely :mport=.nt Part ^f the ~conomy of this state. Tobacco workers earn decent waces and can provide for their families in the American middle class tradition. Ln addition, the benefits they -tarn mean that they can contribute to their communities rather than costing other Americans for health services and other needs. FDA regulat.ion of tobacco resulting in the LOss of these iobs would cripple the tax base of many of our cities and towns. We are also concerned that enforcing these regulations will force H. the FDA to stretch its already Limited resources and deny the American ~ public the µ crit_ca1 services for which it was created. <n OISTRICT VICE PRESIDENTS. WALTER OART DISTRICT f-LINDA PAY DISTRICT 2 -GENE ROBERTS. DISTRICT 7- WALT-cR CLEVElAND, CISTRICT ~ WALTER ANOREWS. DISTRICT 5-OOYLE HOWARD. DISTRICT S-GEORGE BULLOCH. DISTRICT ]-i0E PHILL!PS. DISTRICT E- BAR9ARA FOSTER, DISTRICT 9-fHARLIE BARNEY. DISTRICT IO - WARREN HILLS. DISTRlCT I I COUNSEL.HARRY BEXLEY

Dockets Yianagement Branch (HFA-305) October L2, 1995 Page 2 At a time when our state is woridng hard to retain and attract high-wage jobs, we see efforts by Dr. Kessler and the FDA as econotnically counter- prociuctive and dangerous. Tobacco is a legal product in this country and should continue to be treated as such. The Virgtnia State AFL-CIO appreciates your consideration of our position on this issue and resnectfully urges your favorable action. Sincerely, Daniel C. LeB1anc President DGL:csj C Jerry Sprouse Barry Baker Steve Spain OP°IU 334, Ar^L-C:O

~ ~'isconsin Sbfe Cotmc~l ®f Sento'r Ci~zens, Inc. .ao wa cwwjWdw.a . eme. waM yv.Kwm.. sM.MVwne3ua (uai 40aoeo .. sa (4u) Ksa= DSII Cifatoa Whim Hgpum A"es 2, 199J 7aisiz*aa D.G 20300 DeaMr. Pre:d~as I As psoid.as oE ths W[.mw¢ Seom Couaa'I oP 3eaior Cldraas I am wcbft so mq~rllF eapes aoz oppoidoa m Food md Denj adcomonzion le.~l.dm of mb.am pe9d~er. 1 I7so mn~ we h.va ia thas auds a xegt.aoa, If Lmgosl~ wilI hne a Idn..adna dfsa oa ,m 9adaatsT eha is hig* naioniaed wish o:mllaat wW Iaad boa.& mmdads 2bia 3amvr. Cavadl is madr np oE mosiy redsod Ciaioa t Ia aMaoa to ow cocums abooc our ®ien haoiifen aad tisa woridag ;ia dm iadwwy, wo a. ~wc ss cooaua.d if she PDA Sa dlowed to [mpae io s.pla>3ea, it eonid .d.araeiv, affooc fei.aaly cmdid.wm oE ds. Admmfsm>zaa la dght iaom apmdally ia ds. Som3s. 'Lbac ia aadai to aa iE we m ca ress c6a .ad amiaa, aad uosiar polirSas oomiag oac of the Ropahiiesa CoIIg'em i Tha Wlmnda Sam Caaadl of Se=az Geiuaa .ppceeass 7oua eaasder l.doa of ow coacwas on this iarm ma=* Ya@+. Charti. WilU.ms ~ Se~a. Faoid.az I ~ ~ I ~ I A#illared with th. National Grno=l of 3eaior C4YHsrru . Washmgtort. D.C t

I  bZESTLT6

VIRGINIA STATE AFL-CIO Chartered by dre AMERICAN FEDERATTON OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS October 12, 1995 Dockets Management Hranch (HFA-305) Food and Drug Administration 12420 Parkiawn Drive, Room 1-23 Rockville, biarvland 20857 OANIEL G. Le6LANC JAMES R. LEAMAN Pre~r Sac+eary.&easurer RUSSELL N. AXSCM ViCe-Presitlem Aepresermnq ouer 200.000 Members P.E: 95N-0253 (Aegul3rions :FZestr.cting Sale and Distnbution of Cigarettes and Smokeiess Tobacco Products to Protect Chiidren and Adolescents/ On behalf of the Virsua State AFL-CIO, which represents more than 200,000 wor-{dng men and women throughout the state, i am wrri-ig to oppose the Fcod and Drug Admini.strarion's proposed regulation of tobacco products. The Virgar.ia State A.FL-CIO agrees that youth smoldng must be addressed. We suppor reasonable efforts and effective measures to curb adolescent tobacco use. But re.-siatizg away thousands of American jobs is not the way to do it. The V'snnia State AFL-CIO is opposed to FDA regulation of tobacco products because such regtilations senouslvjeopardize the jobs of thousands of inen and women employed in the tobacco industr here in Virginia. Many of these workers are memoers of local unions affiliated with this state federation and we care deeply about these brothers and sisters and their families. Moreover, the tobacco industry is an extremeiy imporant pan of the economy of this state. Tobacco workers earn decent wages and can provide for their families in the American middle class tradition. In addition, the benefits they earn mean that they can contribute to their communities rather than costing other.Ame:-:cans for health services and other needs. FDA reg'slation of tobacco resulting in the loss of these jobs would cr.ppie the tax base of ;nany of our ciries and towns. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the cntical services for which it was created. FAx (804) 353-0"2 Phone: (80a) 355-7aa< 3975 WEST BRCAD STREET

CA47, 7rorAm 10401 CONNECTtCUTAYENUE. KENSINGTON, MARYLAND 20996-39E1 TELEPHONE (301) 933-8600 FAX (301) 948-8452 FRANK HURT INTLRNATIONAL rRU,OENT October 2, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration room 1-23 12420 Paridawn Drive Rockville, MD 20857 RE: 95N-02S3 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products) I am writing in opposition to President Clinton's proposed plan to give the Food and Drug Admin- istration (FDA) the power to regulate tobacco products. Guised as protecting America's youth. the President's plan is actually an attempt to ban.cigarettes in general. 71te FDA wants the power to regulate all tobacco products as a drug and the-President's plan is just the first step toward reaching that goal. The proposed rules to protect America's youth from the tobacco industry will not end teen smok- ing. Their real purpose is to begin the march toward prohibition. The ruies may, in fact. .rad to a new "drug undergtound." Youths Yind ways to attain cigarettes illegally now; new regulations will simply lrad to new, more dangerous methods of buying cigarettes. Acquiring cigaretts illegally will nor only cause more crime, it will also result in less tax dollars coming rrom legai cigarette purchases. The fact is that these regulations do not work. Canada has attempted unsuccessfully to curb tncn smoking with a similar policy. Faced with similar failure and free of legislative restraint. FDA's plan will lead to even tighter restrictions and the eventual demise of the tobacco industry as a whole. These are the hidden goals of the proposed regulations. If enacted, the Administration's proposal will throw thousands of Americans out of work. According to your own cstimates, at least 10,000 American jobs will be eliminated. However, I believe the real number will be much higher. Not only will jobs directly related to the tobacco industry be lost, so will countless other jobs which are indirectly dependent upon tobacco. Res- tauranu, bars, convenience stores, gas stations, and ttartsportation and candy distribution campa- nies are just some of the businesses which will suffer significant job losses. The tobacco industry is a vital part of the economy of the southeastern United States and has a significant impact throughout the country. 'Rbbacco workers earn a good living and can provide for their families, two traditions of the American middle class. The jobs produce an essential economic contribution to communicates nationwide and generate billions of dollars in tax tcve- nues at the local, state and national level. FDA regulations on the industry will turn productive workers and farnilies into welfare recipients. The impact of the job loss hits especially hard on

act 345, ~ 1 Septembet 27, 1995 TH$ a'HITS HOUSE wAaxwarox Mr. Cl>as11. Willisms State Council of Seaior C2t3r.as Suita A-2pQ 8626-B West C3reenPleld Avetme West Allia, Wiscoastn 53214 Dar r'haelioc Thank you for your messa.ge regarding our effCrt to limit children'a accaaa to tobacco products. I have heard fronm many concarned peopte an thia iasue, aad I apprxiau your input aa we work to protect the heatth of young Ataericans. Adults that c~ a~r o making i y their anaoepti~bk to 6 tocco mtreome 3, boyt and s girls ati however, ke up amoking every day, attd milliono will ultimately loae their livei to If we a:+e to enaum & heaittty future for our chlldren, we must act now to stop them from amoklnS. I haveitherefore authorized the Food and Drug Adminirtrntion to psopose rules to limit minors' access to tobacco as wek1 as the promotion aud advertiaiag that enhance the appeal of tnbacco products among young peaple. Under the proposed reguiations: a tobacco purchaaera will be requirtid to prove their age with identificadoa; o ci;azette vending mttchinea, which effectri•ely ctirumvent any ban on sales to children, will be prohibited, o outdoor advertising for tobacaop tuKa wl31 not be allowed witbin 1,000 feet of schools or bl~aCk~d white f r~rt~st°r adverd a~ outside the 1,000-foot limit will be restricted to a tatt-0aly, o publicutona with tignilfcant~ youth re.ders5ip will be permitted to advertise tobacco products soieiy in a text-only, black and white format; and o the tobacco kaduatry wiil fund an aamui campaign to teacb childtt+n about the dangers of tobacco uae. These pioposle do not constizvte a ban an am or a threat to the Firu Aatendment. Rather, they +us commanaenie ateps that will help uu forge a better future for our chtldten. r appr+eciate ktmwittg your viewa on titia Luue, and I hope you will woric with us as we seek to aisate s beaitttfer America. Stnaereiy,

AERICA WORKS BEST WHEN WE SAY ... BAKERY CONPECTIONERY & TOBACCO WORKERS - LOC.AL 81 October 16, 199S Doaksts Nsnagasent Branch (HPA-305) Food and Drug Adainistration, Enos 1-23 11420 Parkiavs Dr Rockville MD 20857 0 RE: 953F-0253 (Regulations Hastricting the Sale and Distribution of Cigarettes and Sobaeeo Broducts) On behalf of 8 C & T Local 81, i am writing to express our opposition to the Food and Drug Adainiatration's proposed regulations on tobacco products. Controlling salss of tobacca products to sinors is an important issue. However, we believe FDA regulation is the wrong approach. 7he proposed regulations, taken in their entiretp, will certainly lead to sucb sore sevsrscontrols on the use of tobacco products by adults. This would have a devastating iapact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothera and sisters working in the industry are jeopardized by FDA regulation. xany of these workers are women and minorities. But the econosic fallout from such restrictions would go Raeh further. Not only will tbousands of jobs directly related to the tobacco industrY be lost, so will tans of thousands of other jobs around the country which are directly dependent on the tobacco industrT. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and sachinery, the hospitality industry, rstsil sales such as grocery and convanience stores and oountless other industries will feel the adverse impact of these regulations. Many oE these workers are union aaabers. 57e are also concerned that anforcing th.se regulations will farce the FDA to stretch its already lisited resourcea and deny the Aaerican public the critical services for which it was created. The problea of teen saoking warrants.serious attention, - but regulating away thousands of Aaeriean jobs is not the way to do it. 6overnsent should encourage esplotaent, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage asiokin9 and are aisW at destroying an Assricaa industry and all the jobs indirectly associated with it. Sincerely, K. Carroll 901 (/ ~pe 8inancial SeeretarTJTreasurer 757 E Spver Lalm Rd. S. • Traveme Caiy. Mt 49684 •(816) 943-353Q FAX: (616) 944.'i•80E0 M

-2- women and minorities because of their high level of employment in the tobacco industry. The plan will also tsippple the tax base of most Southeastern ctnes and states which will force localities to ota the levei of services delivered to the raagaying public. These ttew regn4ltinns will only hurt Amerieaa workers while failing to achieve their alleged r Ls or dealing directiy with the problem of tceaage smoking. Legislation to deal with the prob- leuof teen smokdng was approved in 1992, but has not been enfomed. There is no need to another layer of bureaucrscy; additional, unnecessary regulations. Intplementation of existing laws approved by Congress is what is required now. 'Ihete are ways to address tcznage smoking. 2he tobacco companies alrrady have in pJace exten- sive advesn.ting and educationai progtams. In faot, they are currently taking signiftcattt steps to gnard againat mmors having access to thar producis. They have offered to do more. Most Amesrtaas agtec with this approach. A ta.att news tnport by the Associated Preu said that 'most Ameacans oppose some of President Clinton's aggtesstve efforts to shield teenagers from tobacco advertising and promotion." It is Congress' job to regulate tobacco and it hs renattedly denied the FDA any additional author- ity over wbacca regulations. 7tte FDA will noc only be reaching beyond its jurisdiction, it will also be stretching its already limited resources and denying the American public the services for which it was created. The FDA's current responsibilides include: approving the use of despcr- atoly nerded new drugs in the United States; assuring the safety and effecuveness of drugs, medical devicas and cosmetics; safeguarding the food supply; and oversering the nation's blood supply and vaccines. The capability of the FDA to provtde these essential services is called into question regulariy. Unable to meet its core responsibilities, the FDA is wasting time attempting to expand its scope of aathority. The addition of another major responsibility, such as tobacco regulation, will only slow down the already sluggish rata of FDA action. It now takcs twice as long for a new drug to be approved in the United States as it did in the 1970's. And Former Chief FDA Investigator. Jim Phillips, states in July, "I can't comprehend how Dr. Kessier will find resourcrs to enforce any tobacco restrictions when he doesn't have enough fceld investtgators at present to propcriy inspect foreign drug products entering this country." The problem of teen smoking wartants serious attention and a broad public debate may identify additional ways to curb adolescent tobacca use. But FDA's proposed rules are not the way to do it. Government should encourage employment, not destroy tt. if the attaok on the tobacco indus- try continues, you will see high wage and benetil jobs move overseas. The steps outiined by the President go weil beyond curbing teenage smoking. 'Phey aim ditectiy at the economic viability of several industries and in tttm, American jobs. Sincereiy, Frank Hurt Intemational President ~ v FFf/CII:kfw cn w V

WOOD, WIRE AND METAL LATHERS' LOCALUNION 190L AFFILIATED WITH UNITED BRQTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA 708 SOUTH 10rH STREET MINNEAPOLIS. MN 55404 TELEPHONE (612) 322-4Ci48 Dockets Management Branch (IFA-305) Food and Drug Administration, Room 1-23 12420 Parldawn Dr. Rockville. MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead, to much more severe controls on the use of tobacco products by adults. This would have a devastating imoact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of..our union brot:rars and sisters working in the industry are jeopardized by FDA regulation. Many, of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only 'will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobac:;o industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem rf teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go weil bevond curbing teenage smoking and are aimed at destroying an Americarn industry and all the jobs directly and indirectly associated with it. U . vi~.J ~ n,vo usiness Manager

BAKERY, CONFECTIONERY, & TOBACCO WORKERS' UNION. TWIN CITIES LOCAL 22, AFL-CIC CNARTflEO AANUART ,. 1973 EARERY AND CONFECTIONERY WORRENS' INTERNATIONAL UNION lillGtld wiflS A'NE^ICAN vELERAtiCN Of LA.C/1 AFLCiO NwESOTA STATE FEOEAATiON OF LApOR XNEAIOLIS CENTRAL LAlOR UNION ST 1/L TRAOES ! LAROR AESEMELY NIOWEST COl1NC:L CE TwE GARERY 4 CONFECIONERY WORwEAS TEL£PHONE: 379-2921 MINNEAPOLIS. MINNESOTA 55414 312 CENTRAL AVE., SUITE 590 Dockets Management Branch (F3FA-305) Food and Drug Administtation, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their ent rety, will certainly lead to much mc:., severe controls on the use of tobacco prod'ucts by adults. This would have a devastating impact on the tobacco industr,v. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on thesa events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage emptoyment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, TBllie Peterson, President BUY UNION I_eEaci rncaruewlnt~c

International Union of Elevator Constructors AFFILIATED WITH THE AFLGO LOCAL UNION No. 9 312 Central Avenue. Room 592, Minneapoiis. MN 55414 •(612) 379-2709 Pii(NrEO IN u.sA Dockets Mattagement Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Paddawn Dr. Rockville, MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we lxlieve FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products. providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other indusmes will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not onlY would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerelti~ Husina.a Manager

ez4v. V4r~o„d Fdae4ca ri...r rs 5725.Dregon Kay Suite 115 October 12,1995 7AOAL 253 ciaCiDt3Sti, Ohio 45227 (513) 272-0147 (513) 272-3282 Dockets Management Branch(HFA-305) Food and drug administration,Room 1-23 12420 Parklawn Drive Rockville,Maryland 20857 Rei 95N-0253 (Reguiations restricting the Sale anC Distribution of Cigarettes and Tobacco Products) On behalf of H.C.6T. union,Local 253 , 2 am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong .approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of ;obs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in transporting products, providing supplies such as paper , cardboard, inks and machinery, the hospitality industry,retail sales such ae grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created.

Dockets-Management Branch (HFA-305) Food and Drug Administration, Room 1-23 Page 2. Last, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events - including UAW members who design and build the specialty automotive products used . We know that the problem of teen smoking deserves serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and ail the jobs directly and indirectly associated with it. We in the auto industry are especially familiar with how negatively seemingly well-meaning regulations can be to an industry. Sincercly, , . Donald J. Mosher Chairman - Thumb Area UAW CAP Council

DONALD j, MOSHEA 4968 Farmers Creek Road Chairman C t'wr Z~ Mctarnora. ,1I1 48a55-97n8 CA P Co Home(810) 797•5895) - (riIUlZ:3?-aiJ3 - PuN(81n)232-N337 October 9, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 Re: 95N-0253 (Regulations Restricting Sale and Distribution of Cigarettes and Tobacco Products) On behalf of the Tlmmb Area UAW CAP Council, I am writing to express opposition to the Food and Drug Administration's proposed regulations on tobacco products. While we agree that controlling sales of tobacco products to minors is important, we believe FDA regulation is the wrong approach. In fact, the regulations which have been proposed would lead to even more severe controls on the use of tobacco products by adults. This would severely and negatively impact on the tobacco industry -- an industry which is highly unionized and pays high wages and benetits. The jobs of thousands of our union brothers and sisters, including many women and minorities, working in the industry arejeopardized by FDA regulation. In addition, the economic impact from these restrictions would include the loss of thousands ofjobs directly related to the tobacco industry, as well as tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. This includes workers involved in: transporting tobacco products; providing supplies such as paper, cardboard, inks and machinery; the hospitality industry, retail sales such as grocery and convenience stores; and countless other industries will feei the adverse impact of these regulations. Many of the workers in these industries are union members, too. Further, we are also concerned that enforcing these regulations will hurt the FDA by forcing it to push its already limited resources, thereby denying the American public the critical services for which the FDA was created. Amertca's Future Depends On American Jobs 3uy Amencan • Buy Unian

Minneapolis u,i'%AID EARLY Pretident RICHARD 0. JOHNSON Finnci.l Secrmn-T,nvaer Central Labor Union Council 312 Central Avenue. Roam 542. Minneapolis. MN 5FJI4 (612) 379-4206 Fax 379-1307 Docheu Managemem Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Roakville, MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will csrtainly lead to much more severe controls on the use of tobacco products by aaaau. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters woridng in the industry are jeopardiud by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: ttansporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny mea and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoldng warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoldng and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sj=r'ely, ~ ~ V Prea3iaent 2 Ce ~ N y OONALOEARLY EJRCIMVElOANO YYNNA OO/UM MWt C MANNIf Jelm`I Wl1TlnMOtM LOIlllE~UMLIN

Finally, the proposed regulations would seriously threaten the viability of profesaional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of ;obe associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go weil beyond curbing teenage.smoking and are aimed at destroying an American industry and all the ,'obe directly aesociated'with it. Sincerely, ?resident-Business Agent B.C.&T. Lnion Loca1 253

_ noc&et. ~ Branch Food and Drug admittiettation Qctaber 6, I995 We atn also concerned that eafoncing thesa regulations will force the FDA to stretolt its alnady limited tesoumra and deay the American public the aitical setvicea for which it was Created. FF=nally, the proposed reg¢iaticros would seriously thresun the viability of professional matot sports and other spotting eventt Ibis not only would deny men and women around the country thpo popular ntcreauaml activities but also lead to the loss of jobs assaciated with putting on these eveata. Again, the pmblem af teen smoking warrants serioas atnentica. Bu re'AUlatiag away thousands of Amesicaa jobs is not the way to do it Governmeat ouCd enaourage employment, not dduroy it. The prvposed regulations now before the FDA go well beyond cutbittg tmnage smoldng and ale aimed at dest<oying an American industry and all the jobs directly and fndiiec8y atsociated with it Larry Sowers Legislative Adwcate

Dockets Management Branch Food and Drug Admutisuation Page Two October 5, 1995 Again, the problem of teen smoking wartants serious attention. But regulating away thousands of Ameriran jobs is not the way to do it. Government should encoucage employment, not destroy it. The proposed regulations now before the FDA go well beyond auting teenage smoking and are aimed at destroying an American industry and all the jobs direcriy and indirectly associated with it. Ya

_ October 6, 1995 , Oocketa Management Branch (HFA-305) Page -2- We are also concerned that eafarcing these regulations will force the FDA to slzetch its alnady timited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously thrcaten the viability of professional motor spotfs and other sporting events. This not only would deny men and women around the counny these popular recreational activities, but also lead to the loas of jobs associated with putting on these events. Again, the problem of teen smoking wasaats serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage etnpioyment, not destmy it. The proposed regulations now before the FDA go well beyond curbing teanage smoking and are aimed at destroying an American industty and all the jobs directly and indirectly associated with it. Tom Louis Special Representative TEUdcb 100-1065

t # gternafionat ~nion o~'rperatinq nqineers Ottlew of 01•tr/ot No. 0 *- - LOCAL UNION 18-'•-98A • 18E • t80 • 1BRA • aERVtNOOHIO * ELEVEN EIOHTY-E66HT OUBLIN ROAO • COLUMaUS, OHIO 43216•7006 f t (e14)488•6281 FAX:(814)488•7258 * t October 6, 1995 Docicets Management Branch (HFA-305) Food and Drug Administtation, Room 1-23 12420 Parklawn Drive Rockviile, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Disttibution of Cigarettes an Tobacco Products) On behalf of the Internatianal Union of Operating Engineers. Local 18, 14,000 strong representing eighty-five (85) counties in Ohio and four (4) in Northern Kentucky, we are writing to express our opposition to the Food and Drug Aduunisnstion's proposed regulations on tobacco pmduotv. Contrulling sales of tobacco products to rninors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco producta by adults. This would have a devastating impact on the tobacco industty. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these wosicus are union members. I

Teamsters Miscellaneous and Industrial Workers Union, Local No. 284 OFFICERS: HAROLD SPEAKMAN 555 East Rich Stteet • Columbus, Ohio 43215-5396 Phore: (614) 228-072T+-FAX: (614) 226-0901 Presitlent Toll Free: 1-900-237-1201 BRIAN RICE Ssaeiary-Treawrer GARY HASKINS Vice Proaldent MARK VANDAK Reeoraing Searetary September 28, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 ParkTawn Drive Rockville, MD 20857 BUSINESS AGENTS: ROGEA PACK DALE GROSSMAN TRUSTEES: WItb,Oi1 9080 GILBERT ABeiNGTON STEYE GREGORY RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of Teamsters Union Local No. 284, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. hany of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. 2 We are also concerned that enforcing these regulations will force the FDA to 14 stretch its already limited resources and deny the American public the critical services for which it was created. _ U a, CJ -o AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

* gnfernalional 2~ljnion of Operafing &gineers *- - LOIIALUNION 1ff`•-18A • 18B • 18C • 1BRA • BHRVINOOHIO ~ • * ELEVEN EIOHTY-EF6HT DUBLIN ROAO • COLUMBUS, OHIO 43215•7Q05 (814)48 e•5281 FAX;(014)488•7258 * OiHCe et Of•erlov Na. 9 ~ October 6, 1995 Dockets Management Branch (.HFA-305) Food and Drug Administration, Room 1.23 12420 Paridawn Drive Rockvilie, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes an Tobacco Products) On behalf of the International Union of Operating Engineers, Local 18, 14,000 sttvng representing eighty-five (85) counties in Ohio and four (4) in Notthern Kentucky, we are writing to express our opposition to the Food and Drug Adaaaiscation's proposed regulations on tobacco products. Controlling sales of tobacco products to rninors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco produats by adults. This would have a devastating impaat on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefita. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minonties. But the economic fallout ftrom such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirect/y dependent on the tobacco industry. Workers involved in: tcanspotting tobacco peoducts, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members.

Page 2 September 28, 1995 Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regu- lating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American•industry and all the jobs directly and indirectly associated with it. Sincerely, TEAMSTERS LOCAL NO. 284 karold S ea a~ President

ConectionerM anJ_. Jk4acccZ ~Wers gnternational union Local 203T 231 [. 5[LT 9OOL[VANO • A.O. YOi =IOAA • RICNMONG. VIIIOINIA fl311 • PHONE /4OU p3OqpO] October 11, 1995 Dockets Management Branch (SFA-305) Food and Drug Administration Room 1-23 12420 Parklawn Drive Rockville, Md. 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products) On behalf of the Bakery, Confectionery and Tobacco Workers Local 203T, I am writing to express our strong opposition to the proposed regulation of tobacco products by the FDA. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. They go right at the economic viability of the industry and in turn the jobs of our members. What is most outrageous is that rarely in all of the debate over tobacco regulation is there ever a mention of the jobs of thousands of hard-working men and women whose livelihoods depend on the tobacco industry. The excellent wages and benefits we earn enable us to provide for our families, send our children to college, care for our parents, grandparents and grandchildren. Because of these wages and benefits we bolster the standard of living and quality of life in our community. Tobacco workers will not be the only ones hurt by this attack on the tobacco industry. The people who work in the businesses we patronize--the restaurants, grocery stores, appliance shops, hairdressers and car dealers to name a few-- will pay a high price as well for these misguided and punitive regula- tions. Our union agrees that teen smoking is an important issue that should be addressed. But regulating away thousands of jobs is not the answer. 9I7I53a1

page #2 States are already required by federal law to pass legislation restricting access of tobacco products to minors. Our union and the industry support these efforts. Tobacco is a legal product produced by American workers and shouid continue to be treated as such. A percentage of American adults will choose to use tobacco products. The real issue is whether they will be made by American workers who earn high wages and extensive benefits or by overseas workers earning substandard wages and no benefits. The FDA should reject these proposals and utilize its already limitec resources to provide the services to the American people for which t:- agency was created. Sincerely, a Jerry L. Sprouse President, Local 203T

236 EAS7 TOWN STREET • C450 COLUMBUS, OH 43215 afjfo "btatz Council Of [17L -18tcfto ai•otherrjoo4 of Carpertterg aO Joiners of Amerfoa PHONE (814) 481 -4700 FAX (814) 481-0554 (IHeM-tEDeUOUST Is, lea ) October 6, 1995 Doelveti Management Branch WA-3Q5) Food and Drug Admiaistation, Room 1-23 12420 Paridaw¢ Drive RackviIle, IvID 20857 PRESIDENT OARY PIATT BauA Polra, ONo .-.VlOEPRESraENT JAMEe00YLE MeiqMM1a».Ldw.Ohk SECRETARY•TREASURER BTEVEN M.KASARNICH Tametlpf. DNe LEfl1sLATIVE ADVOCATE LARRY BOWER! UPOr ArEngmn, CND RE: 9514-0233 (Regulnsioas Resaicdng the Sale and Distribution of Cigarettes and Tobacm On behalf of the Ohfo State Council of Catpentess, I am writing to ezpress our opposition to the Food and Drug Adminis¢ation's proposed regulations on tobacca groducts. Conunlling sales of tabaxo products to mmoss is an important issue. Eioweva, we believe FDA regulation is the wrong approach. The proposed regulations, takea in their eati:ety, will certainly lesd to much mom severo cantrols on the use of tobaeco products by adults. This would have a devastating impact on the oobacco industry. This indu,stey is highly unionized and offers worke:s high wages and extensive benefits. The jobs of thousands of our union brothers and sisters worldag in the industry are,jeo.=dized by FDA cegttladon. !dany of tfiese wotYas are womea and mityorities But the economic fallout from such rotictions would go much furrhw. Not oaly will thousands of jobs directly roiaoed to the tobacce industry be lost, so will tens of thousands of other jobs arotmd the eounty which aze ind'uscffy depcadeat on the tobacco industry. Workers involved in: transpoiting tobacco producU, providing supplies such as paper, cardboard, inks and machinery, thehmtahty iaduy~y, retail sales such as grocery and convenieace stoas and ceuatless other fndustries will teL( the adverse impect of these regulations. Many of these worYers axr union membes. NORTHEAST 0H10 NORTHWEST ON/O 8GtlTNWEST OHIO cn OENNIS BIRCH 0. RAY MEOUN, JR. KENNETH H.BUBCH W tJ 9cmip.yiA.. ON TcLOp. ONe Cra+wf. OMo h7 EXECU77VEBOARD FRANKUN FRANK ROBERT BERNIU9 WILUAM P, METZ Yevp9ew,. oNw Td.uo, ome V9uNrqmn, Ottlo MEMBERS EDWARD C. KELLEY SOUTH CENTRAL ONIO RANDY 0. TACKETT Rld+f.Itl Tv.vnM.ONc HWrH.qna.ONO ED FRANKREYNOLOS GMIm Ohq OLENN N. SMITH AtlMPN,Ohh INDWTAUL COUNGL JAMES E. TEMPLETON FRANKCASTO nven knrvi w

OHIO VALLEY COUNCIL OF SHEET METAL WOpKERS . v v~. rA7TON October 5, 1995 494YNeNfnm Pfan WpMn.Onb46414 (612)277-830Ci AU(1 J. CNENMA% Dockets Management Btanch (I~A 305) 'tl°° c""'°" A"" Food and Dtu Administration. Room 1-23 czTmastnesonmes 4411 s 12420 Par~awn Drive wvmJ.w(wAMS RockviIle.MD 20857 esa,win s.cmny 23a2 SaM A~ T,r.o,. anio 4s00s (419{ 3821808 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of C'igarettes and Tobacco Products) On behalf of the Ohio Valley Council of Sheet Metal Workers, I am writing to exmss our opposition to the Food and Drug Administration's proposed tegulation:5 on tobacco products. Controlling sales of tobacco products to minors is an tmportattt issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their eataztv, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unioaized and offers workezs high wages and extensive benefits. 'Me jobs of thousands of our union btothets and sistss worldng in the industry ais jeo{>mdized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restricdons would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost so will tens of thousands of other jobs around the country which are indirectly deaendent on the tobacco industry. Wotkers involved in: ttansporting tobacco pratucts, providing supplies such as paper. cardboard, inks and machinery, the hospitality industry, trttail sales such as grocery and convenience stotes and counttess other industries will feei the adverse impact of these tagnlations. Many of these workers are union members. We are also concerned that enforcing these regulations will fome the FDA to sttesch its alrrady limited resources and deny the American public the critiral services for which it was cmted. Fusally, the proposed regulations would seriously threaten the viability of professioaal motor sports and other sporting events This not only would deny men and women around the country these popular seaeaational activities but also lead to the loss of jobs associated with putIIng on these events. .J~• ia

Brotherhood of Painters and Allied Trades 1G_. Local_Un.ion No. 386 312 CENTRAL ROOM 346 MINNEAPOLIS. MN 55414 1612J 379-<823 aOBERT E.LARSON BUSINESS MANAGER FINANCIAL SECRETARY ALLAN J. GIBNEY FIELD BUSINESS REPRESENTATIVE RALPH R BGES'cR CRGANIZER aOeEPTJ JENSEN TREASURER JOHN W L'cU7HAR0 PRESIDENT JAMES L. MICHAELSON RECORCING SECRETARY NANCY M LANE VICE PRESIDENT Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will-force the FDA to stretch its already limited resources and deny the Amencan public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, ~ cn jJ) m p Business tfanager ~/ " °

PIPE FITI'EPS 312 Central Avenue Room No. 334, Labor Centre MINNEAPOUS, MN 55414 AFL-CIO Doohets Management Branch (EFA-305) Food and Drug Adminisnation, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 UNION NO. 539 Phone 379-4711 I am writing to ezpress our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an importattt issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacoo products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, Su~ine s ikLiag^'e~

MINNEAPOLIS BUILDING & CONSTRUCTION TRADES COUNCIL ,rt/~liattd wdk BUILDING & CONSTRUCTION TRADE5 DEPARTMENT • AFL-CIO United Labor Centre Phone: (6l2)379-4234 312 Central Avenue, Room 556 \linneapolis, hlinnesota 55414 Cax: (612)379-44i9 sem ® Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 ;s>~sre: workers No. 34 1 am writing to express our opposition to the Food and Drug Administration's proposed Asbestos Workers No. 205 regulations on tobacco products. Controlling sales of tobacco products to minors is an aailermaker: NO.64- important issue. However, we believe FDA regulation is the wrong approach. Bricklavers No. ? ;aemrt tit,kers and tirnmenll'te proposed regulations, taken in their entirety, will certainly lead to much more severe >.o. ta65 controls on the use of tobacco products by adults. This would have a devastating impact ,Irrri,:rrsNo.sst on the tobacco industry. This industry is highly unionized and offers workers high irne,:irrs F1oorlavers wages and extensive benefits. The jobs of thousands of our union brothers and sisters Ir;-t working in the industry are jeopardized by FDA regulation. Many of these workers a_e :.rpcr:n,i Lmoirum L:ccn women and minorities. \b. ;•~n ~ ~mcnr.'~1:.sonsNo.bi3 ,~rtv cmriavrrs No. 30 3 , s.,;!, frwWcr9 and . de Unrra N.. 1547 hr:vrrs fv,a [=: But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly reiated to the tobacco industry be iost, so will tens of thousands of otherjobs around the country which are indirectly dependent on the tobacco industry. E!,uncal W„rkcrsNu.=42 W'orK°rS [nVOiVCC in: .:IAUtg Suppn~_ eIr•:,rnr wnsrrv ror, so. v.andboard. inks and machinery, the hosptta::n• Inaua:^; , retail sales sucr, convenience stores and countless other industries will feel the adverse impact of these I ~+ Yl,rkrrs S'' Si regulations. Many of these workers are union members. run '._ We are a so concerned that enforcing these reauladons will force the FDA to stretch its already limited resources and deny the American public the critical services for which it rci was created. Finally, the proposed regulations would seriously threaten the viability of professional 4u motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of iobs i,.a.r, ~„ associated with putting on these events. .u:ar frn.irru N„ 1!t :°,:::nbrr, N.:. :. .r<r ld:~ d YC'„re.rn ~.~nnl.ier Rncrs'va. 417 , rrra CiS~r'ticn `u. i Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincere!y, XnrAGrS HCIrC[S ii-T Cd; l-.i"rs 5,," t, r President

Operative Plasterers' Local 2065 UNITED LABOR CENTRE MINNEAPOLIS, MINNESOTA 55414 .04W. . 31Z CENTRAL AVENUE Dockets Management Branch (HPA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 379-1515 I am writing to express our opposition to the Food and Drug Adrttirtistration's proposed regulations on tobacxo products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: ttansporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitaiity industry, retail sales such as grocery and convenience stores and countless otner industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, Richard Felber Business Representative

innesota AFL-CIO 525 Park Street, Suite 110 • St. Paul, MN 55103 (612) 227-7647 • FAX (612) 227-3801 July 26, 1995 E%ECUTIVE OFFICERS The President Bernard L. 3rammer President The White House Washington, D.C. 20500 Bill Peterson Secretarv-rreasurer OiSTRICT VICE PRESIDENTS Dick Aniang Betty Bednarczvk Robert DeRov Dan Early Arnie Entzel lick Hagen Aary Haves Steve Hunter Bruce Iverson Richard Iohnson Jean /ones Roger iuaire Vona NeiSon Rohen 05waid Sanara Peterson 'ed Pntcnara Carreu Rav loman .4icharoson Red Scnmirt ierN 5ertimg Frank 5trukei Gordon r 4russ Gearge Sundstrom Ray Waldron Dear President Clinton: You have received a number of letters from unions affiliated with the AFL-CIO expressing their opposition to the Food and Drug Administration regulating tobacco products. The Tobacco Industry is heavily organized and as part of the Bakery and Confectionery Workers, they participate and play an important role in the labor movement, as it moves to improve the lot of working people. When Hubert Humphrey was elected Vice President of the United States, his first words to President Lyndon Johnson were that he would be a loyal partner. and he was. He told the President that he would do anything requested by him, but asked that he not be told to do anything that would hatm his friends in the Labor Movement. Mr. President, [ join all those who are requesting that your decision on this matter not harm the Labor Movement. nor your many friends within it. ThankiWlou for past considerations, I remain, David K. Roe President Emeritus DKR:jg opeiul2 afl-cio SOJr/f1U/! i.in iuos ilri~V iun esO.~ Ai iie /.i G/ /

IVI I N N E SOTA STATE Building and Construction Trades Council Afflllated With ... BUILDING TRADES DEPARTMENT, AFL-CIO ... ............................................................................ Dockets Management Branch (HFA-305) Food and Drug Admittistration, Room 1-23 12420 ParYiawn Dr. Rockviile, MD 20857 I am writing to ezptesc our opposit'ton to the Food and Drug Adminierrat;on's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospieality industry, retail sales such as grocery and ce^venience stores and countles: other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. ~ Sincerely, ~ w l~lL~ ~~ cn ~ RAY WALDRON. President 312 CENTRAL AVE. #556. MINNEAPOLIS. MN 55414 TEL (8121 379-7048 • FAX (612) 37944T9

THE WHITE HOUSE WASHINGTON September 25, 1995 Mr. David K. Roe President Emeritus Minnesota AFL-CIO Suite 1 l0 525 Park Street Sai..^., Pa:!!. 'Ji^nesata 55103 Dear David: Thank you for your message regarding our effort to limit children's access to tobacco products. I have heard from tnany concerned people on this issue, and I appreciate your input as we work to protect the health of young Americans. Adults are capable of making their own decisions about smoking. Overwhelming evidence shows, however. that children are particularly susceptible to tobacco marketing. Some 3,000 boys and girls take •o smoking every day, and millions will ultimately lose their lives to it. If we are to ensure a healthy ,ture lor our children. we must act now to stop them from smoking. I have therefore authorized the Food and Drug Administtation to propose ntles to limit minors' access to tobacco as well as the promotion and advertising that enhance the appeal of tobacco products among young people. Under the proposed regulations: o a,l ,.,:co purchasers ww be required to prove the'r age with identification: o ciaarette vending machines, which effectively circumvent any ban on sales to children, will he prohibited: 0 outdoor advertising for tobacco products will not he allowed within 1.000 feet of schools or ptaygrounus. and outdour auverttsing outstue me I.l vU-tuut iuutt wtil be restricteu to a text-uuly, black and white format: o publications with significant youth readership will be permitted to advertise tobacco products solely in a text-oniy, black and white format: and o the tobacco industry will fund an annual campaign to teach children about the danger of tobacco use. These proposals do not constitute a ban on smoking or a threat to the First Amendment. Rather, they are commonsense steps that will help us forge a better tuture tbr our children. I appreciate knowing your views on this issue, and I hope you will work with us as we seek to create a healthier America. ncerelv.

Food & Drug Administration - 2- October 25, 1995 'fhr Prntmacd regulationt_go well beyond the prot,it.n uf toenage smoking and witt result in the loss of thousands of family wage jobs. We urge you to reject 95N-0253. Sincerely, Robert V. Morand International Vice President and Director, UFCW Region 7 - NW RVM: wkt I

Sheet Workers No. 10 1681 East Cope Avenue St. Paul, MII7 55109 Dooloess Maaagemeat Brrttcfi (HFA-3a5) Food and Drng Admm>saratiott, Room 1-23 12420 Patldawn Dr. RAcitvdk, MD 10857 I am writing to ezpress ow cppoution to the Food and Drug Adntiaiscanam's ptvposed iegttlations on tobacco ptodttas. Controlling aies of tobacco products to ntittozs is an important issue. However, we believe FDA regulation is the wrong apprornch. The proposed regaiatiotu, taken in thcir eatirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisers working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly reiated to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transpomng tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these worir= are union members. We are also concerned that enforcing these regulations will force the FDA to suetch its already limited resources and deny the American public the cridcal services for which it was created. Finally, the proposed regulations would seriously thiraten the viability of professional motorsports and other sporting events. This not only would deny men and wor.tm around the counuy these popular ttxaeational activities, but also lead to the loss of jobs associated with putting on these evenu. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should eacourige employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teeaage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with iL John C. Besul~eu Business Manager

Robert V, Morentl fntemalbml Vice President Ouecro., UFCW Region 7. nlpnhwpslarn 130 Arbor auiklinq 1621 • t141hAvenue, S.E. aeAewe WA 95004 (208) 46t-6314 FAX (206) 455•4941 October 25, 1995 Dockets Management Branch (HFA-305) Food & Drug Administration Room 1-23 12420 Parklawn Drive Rockville, Maryland 20857 Re: 95N-0253 (Regulations Restricting the Sale & Distribution of Cigarettes & Smokeless Tobacco Products) I am writing in opposition to the proposed regulation that would grant bioad authority to the FDA to regulate tobacco products. Although the proposed rules are designed to prevent teen smoking, they will also have a devasenting effect on the unionized work force within the tobacco industry, Mr. Frank Hurt, President of the Bakery, Confectionery & Tobacco Workers International Union, estimates that at least 10,000 union jobs could be lost as a result of the_proposed rules. In addition, related jobs which are indirectly dependent upon legal tobacco sales will be lost. The FDA estimates that the proposed rules would cost retailers and manufacturers $26439 million in one-time costs and annual operating costs of approximately $227 million. Such costs to retailers could result in a loss of jobs for UFCW members who work in retail outlets which currently sell tobacco products. The issue of teen smoking and restricting access to minors is currently being addressed at the state level.` Washington State has a law in place, and the Washington State Liquor Control Board if responsible for enforcing that law. Our members who work in retail are currently subject to strong penalties for illegal sale of tobacco products to minors. UFCW has supported reasonable and fair laws which are designed to curb illegal sale of tobacco products, to minors. However, we are opposed to rules which would possibly eliminate tobaccd saIes in retail outlets. _40 V U m cn N Owh/a )l Porny Jo..plr e, Tyur" Unlbd Foed A Camm.reW Workees IraMatlonn FpfMCeiW Inbmetlonal Unioe AR-CIO & CLC Nod" 8euu4tvy-h.eawv , 1776K6USM,NW . ;'Q.].., Wu%qlon OC 200W159E (M) 223-a111 FAX {202) 4W1_W

PLASTER TENDERS UNION LOCAL NO. 111 DICANIZED NOYEMIER E, //b La6or Canlr. 312 C.ntr.l Av.nu. R~ 394 Minn..pelie, Minn.mf. 55414 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tuL4x;cz products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboara, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, Jdhn Blom ~ _B1i-~iness Red'fee= -

We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American i.nduntry and all the jobs directly and indirectly associated with it. Sincerely, Secretary-Treasurer Nancy

9M 1IEPAL WORKERS I'VTERIVATIONAL ASSOCIATION LOCAL UNION No. 7 801 S. Holmes Street • Telephone 517-374-7337 • Lansing, Michigan 48912 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 October 28, 1995 Re: 95N-0253 (Regulations Restricting Sale and Distribution of Cigarettes and Tobacco Productsl On b_ehalf of the members of Sheet Metal Workers Local No. 7, I am writing to express our opposition to the FDA's proposed regulations on tobacco products. While we believe that it is important to control the sale of tobacco to minors, we nonetheless believe that these proposed regulations are, in fact, intended as the first step toward placing severe controls on the use of tobacco by adults -- an action which we very adamantly oppose. Severe controls on these legal tobacco products would destroy this industry in the U.S. and cause the loss of many thousands of jobs that pay high wages and benefits to our union brothers and sisters. We are further concerned that many of the affected workers are women and minorities who would have difficulty finding jobs in their communities paying comparable wages. These restrictions would also cost the jobs of thousands of workers in our nation in those industries that provide supplies and services to the tobacco industry such as truck drivers, store clerks and many others. In addition, people in many other industries will also feel the adverse impact of these regulations as they feel the impact of fewer dollars being spent in our economy. It is an indisputable fact that people with no income spend no money on the goods of services that others produce. Obviously, many of the workers who will be adversely affected by a stalling economy are union members, too. Another aspect of the proposed FDA regulations that concerns our members, is the prohibition of cigarette and tobacco firms to sponsor motorsports and other professional sporting events. Our members work hard, pay high taxes and deserve to choose for themselves what recreational activities they prefer while enjoying some well deserved recreation time with their families. Regulating who may, or may not, sponsor these activities run counter to traditional American values which stress our freedom of choice. This is not to minimize our concern for the loss of the jobs associated with these events as well. 4210„

Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 October 28, 1995 Page 2. In closing, our members know that smoking by underage individuals is a problem that warrants serious attention. However, we are also aware that, like Michigan, every state in the nation has laws, regulations, taxes and programs in place that are designed to discourage and control the sale of tobacco products to minors, Many states, including Michigan, also regulate the advertising and other aspects of the sales and distribution of these legal products. Consequently, the idea of eliminating thousands of American jobs through even more regulation strikes us as especially absurd. Our government should be taking action to create jobs, not lose them. The proposed regulations before the FDA go well beyond dealing with the problem of teenage smoking -- these regulations are really intended to destroy an American industry and all the jobs directly and indirectly associated with it. The FDA should instead concentrate its limited resources on performing the critical services for which it was created. Respectfully, Ronald C. Bunker Business Agent

.-. ~CG.c4tc~.~ \Y\C.r S-~p a t~~Q _(~ t_c~c.~2. C N f= A 3c s~ (\ <L `t Ch.VC'--C..GO ,LJ CII-l.~ C-5 1~~C J l-QLC~rj ..()- ) C'~ -Sirvr r%_ I : i1LJ'7r)~,, /Lc~ ~ \1 , J ~J c..~a ~ ~=-'r• r ~) dW\C,J(a L' ~i,C, E 71rc ~(J ~ LCYv/1 t~s S_l w)~~c' t"C ~ J~l ~ . / 6a. C..CC U ~ ~u-w• . (JY~ V '. A G.LCLm

..ISUCy2~.eA 1l\o~,.c~~ms~~,~t.._k~~on`c11 (~~1FH-:3v~>> .-• ... -- .,-`L.L•) CL~G71QC1~~ 5:..) C~CL'fLL-

aLabortrd' JnEarnafionaC U7nion o/ I (orfh .JvFrnsrica LOCAL UNION NO. 353 PHONE 515-265-6131 2121 DELAWARE DES MOINES, IOWA 50317 October 27, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of the Laborers' International Union-Local #353, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations taken in their entirety, will certainly lead to much more severe controls an the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Business Manager ~ Zi -:2 -~ teve Piper gi715361

Again, the problem of teen smoking warrents serioue attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment,'not destroy it. The proposed =egulations now before the FDA golwell beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. 81n re y, ri j ser,a~~.~r~~ orman Sunderman Business Manager/Fin. Sec.-Treasurer Laborers Local N1130

T eRANSPORTATION • COMMUNICATIONS 1W INTERNATIONAL UNION A!i-QO, Qc GARY M. FALEY Mich,gan State Legis/atrve Direaw Dockets Management Branch (HFA-305) November 2, 1995 Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockvilte, MD 20857 Re: 95N-0253 (Regulaticns Restricting Sale and Distribution of Cigarettes and Tobacco Products) I am writing on behalf of our members in Michigan to express our concerns regarding the regulations on tobacco products which are being proposed by the FDA. First, let me state that I am writing on behalf of Michigan's TCU members, most of whom are employed in the railway transportation industry. We understand and share your concern to control the sale of tobacco to minors, however we believe that the proposed regulations are designed as the first step toward much more prohibitive control of the use of tobacco by adults. That would be an action which we very much oppose. Such controls on tobacco products would not only destroy this industry in the U.S. and cause the loss of thousands of union jobs, but would also cost the jobs of thousands of workers in the industries that provide supplies and services to the tobacco industry. This industry affects the manufacturers and suppliers of paper, cellophane, cardboard and other packaging materials as well. Each of these products has something in common -- they are often shipped by rail and are some of the products that help keep TCU members employed. Something else proposed by the FDA that concerns our members is the proposed prohibition of cigarette and tobacco firms sponsoring motorsports and other professional sporting events, activities that many of our members and their families enjoy. Having the FDA, in effect, control what recreational activities people can enjoy is truly stretching the role that our government had when establishing this agency. Michigan, like most states also regulates certain aspects of the advertising, sales and distribution of these legal products. Adding another layer of regulation on top of this while at the same time destroying thousands of American jobs simply makes no sense. Please know that our members realize that smoking by underage individuals is a probtem that deserves serious attention. However, the proposed regulations before the FDA go well beyond dealing with the problem of teenage smoking. These regulations could destroy an American industry and all the jobs directly and indirectly associated with it. We feel the FDA should instead concentrate its limited resources on performing the critical services for which it was created. Respectfully, . ~ Gary M. Feiey Michigan State Legislative Director 6324 Cclkins Roca 4 Flint, Michigon 48532 •(313) 733-7256

Hotel Employees, Restaurant Employees Union LOCAL No. 57 Affilia7Nf wBh the H. 6 R. E. & B.i.U. -A0.21O and ALLEGHENV COUNTY LAiOR COUNCIL and PENNSVLVANU AFL-CIO 433 Fort Pitt Bou:evard GENERAL OFFCERS First Fbor BUSINESS REMSENTASIVES LOUIS SANFILIPAO. Pre.idant PITTSBURGH,PA 15219 GEORGE ROSS DARREL BROWN ARTHUR TATANGElO, Ev. Vlc. PreeiCem Bus (412) 288-9500 NANCY ROSS Secrstarydreasuier . HEP.LTH I PEN$ION PHONE . Fax 14121281-4370 EDWARD NASSAN. Ganere3 Orponizer 1412) 281-0357 October 26, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of H.E.R.E. Local ik57, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors.is an important issue. However, we believe FDA regulation is the wrong approach. The proposea regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on- the tobacco industry. This industry is highly unionized and oPfers workers high wages and extensive benefits the jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members.

LABORERS' INTERNATIONAL IUNION OF NORTH AMERICA LOCAL 1140 1821 California Street e Omaha, NE 98102 402-342-7878 e FAX 402-342-8747 Dockete Management Branch (HFA) Oct. 26, 1~95 Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, Md. 20857 RE: 95N-0253 On behalf of Laborers Local #1140, Omaha, Nebraska,lli am writing to express our opposition to the Food and Drug Admihistration's proposed regulations an tobacco products. Controlliing sales of tobacco products to minors is an important issuei. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulatibns will force the FDA to stretch its already limited resources and deny the American public the critical services fro whichlit was created. ~ Finally, thwe proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the

Food and Drug Administration October 25, 1995 Page 2 Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs di~tly and indirectly associated with it. Ael Willia G Gerhard Business anager Secretary/Treasurer IOWA LABORERS' DISTRICT COUNCIL WGG/jm

DOCKETS NhNAGF1SENT BRANCH (HYA-305) PAGE TWO NOVEMBER 1, 1995 we are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsporta and other sporting events. This not only would deny men and woman around the country these popular recreational activities, but also lead to he 2oss of jobs associated with putting on these events. Again, the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, 7511:1~~ L.V. Hersh Business Manager, Financial Secretary LVH/td cc: File

AFSCME Local #35 4320 NW 2nd Avenue Des Moines, IA 50313 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of AFSCME Local 35, I am writing to express our opposition to the regulations on tobacco products proposed by the Food and Drug Administration. We strongly believe in the control of sales of tobacco to minors. However, we believe the proposed FDA regulation is the wrong approach to addressing the issue. Taken in their entirety, the proposed regulations will certainly lead to much stricter controls on adult use of tobacco products. Such restrictions would have a devastating impact on the tobacco industry. The tobacco industry is highly unionized and offers workers high wages and comprehensive benefits. Thousands ofjobs held by our union brothers and sisters are jeopardized by FDA regulation. This would disproportionately affect women and minorities, who represent a high proportion of the workers in the industry. The economic fallout from stricter controls will eo even further, though. Not only will jobs within the industry be lost, but tens of thousands ofjobs that are indirectly dependent on tobacco will also be threatened. This includes workers who transport the products, provide supplies such as machinery, paper, cardboard and inks, provide retail services at grocery and convenience stores and countless other industries. Many of the employees of these dependent industries are also union members. We are also concerned that enforcing limits on tobacco sales will force the FDA to stretch its already limited resources, and it could negatively impact the many other critical services for which the FDA was created--services the American people depend on. Finally, the proposed regulations would threaten the viability of professional motor sport and other sporting events. Not only would this deny women and men around the country a popular recreational activity, but it would lead to the loss of the many jobs associated with putting on the events. To reiterate, the problem of teen smoking is urgent and requires serious attention. But regulating away thousands of American jobs is not the way to do so. Government should encourage employment, not threaten and destroy it. The regulations now proposed before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. 7lU_AL'z 1 7 ,

-Frank Rans4ord Iowa Laborers' District Council presiaent 5806 MERED iTFf TE H VE :FFlLIATF' JJ LOCAL UNIONS DRi . SUI DES MOINES. IOWA 50322 LOCAL No. 43 LOCAL No. 353 Phone: (515) 2T0-6961 50M1" ^ " S 2 l / L. SW 121 De awaee e dv (A 52404 Gm Mainm. LA 50317 LI.-.L Ne. 177 LOCAL No. 427 2121 Oelaw.re 3038 S. Irkeport. Suite 200 s Muinef. IA 50317 Siuux City. IA 511t/6 October 25, 1995 Lsborera' International Union ot North Amenea (AFL•C10) CHICAGO REGION Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 William G. Gerhsrd Buslness Managerlsecretary-7resurer AFFIUATED LOCAL UNIONS LOCAL Nc. s25 LOCAL eef 2tK205 Tama Buiiding 164 Main St. Hurlingtoa.lA 52501 Duhuqun.lA 50021 LOCAL No. 56e LOCAL Na 1140 z16 N. Gceene St. 1821 Californi. St. Suit. w- OHnmwa. IA 52591 Omaha. Nebtatka 68102 LOCAL No. 1238 705 5. Clintnn St. Iowa City. IA 52240 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of the Iowa Laborers' District Council, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors is an important issue. However, we believe FDA regulation is the wrong approach. The propose,: regulations, taken in their entirety, will certainly lead to much more severe controls an the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members. We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created.

INTERNATIONAL UNION OF OPERATING ENGINEERS Local 234, Des Moiaes, Iowa MAIN OFFICE IµpFRECE1qCa M.HUDEELLAVENUE DES MOINES, IOWA 50317 PHONE (515) 2E5-1057 RICK LANE • PRE9IDE*R SCOTT SAYLGA -VtCE PRESIDENT JEWRY ADOY • RECDRDINC seC11EFARY BURT VUET-TREASURER SCOTT SAYLOR . E%E[utIVE BoARD DISrRICT I DICK PETERSMITH -EZECVtiVE BOAAD DISTRICT n RON FRENCH - ENECllTWE 80AR0 - DISTRICT III LEN HERSH BUSwEi! MANM{ER- FINANCIAL 9ECRETARY ..4NJ[az November 1, 1995 Dockets Managenent Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, Maryland 20857 RE; 95K-0253 (Regulatians Restricting the Sale and Distribution of Cigarettes and Tobacco Products) on behalf of the Znternational Union of operating Engineers, Local 234, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products. Controlling sales of tobacco products to minors in an important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages a'nd extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Hot only will thousands of jobs directly related to the tobacco industry dependent on the tobacco industry. Workers involved in transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will fee the adverse impact of these requlations. Many of these workers are union members.

AFSCME Local #1868 4320 NW 2nd Avenue Des Moines, IA 50313 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of AFSCME Local 1868, I am writing to express our opposition to the regulations on tobacco products proposed by the Food and Drug Administration. We strongly believe in the control of sales of tobacco to minors. However, we believe the proposed FDA regulation is the wrong approach to addressing the issue. Taken in their entirety, the proposed regulations will certainly lead to much stricter controls on adult use of tobacco products. Such restrictions would have a devastating impact on the tobacco industry. The tobacco industry is highly unionized and offers workers high wages and comprehensive benefits. Thousands of jobs held by our union brothers and sisters are jeopardized by FDA regulation. This would disproportionately affect women and minorities, who represent a high proportion of the workers in the industry. The economic fallout from stricter controls will go even further, though. Not only will iobs within the industry be lost, but tens of thousands ofjobs that are indirectly dependent on tobacco will also be threatened. This includes workers who transport the products, provide supplies such as machinery, paper, cardboard and inks, provide retail services at grocery and convenience stores and countless other industries. Many of the employees of these dependent industries are also union members. We are also concerned that enforcing limits on tobacco sales will force the FDA to stretch its already limited resources, and it could negatively impact the many other critical services for which the FDA was created--services the American people depend on. Finally, the proposed regulations would threaten the viability of professional motor sport and other sporting events. Not only would this deny women and men around the country a popular recreational activity, but it would lead to the loss of the many jobs associated with putting on the events. To reiterate, the problem of teen smoking is urgent and requires serious attention. But regulating away thousands of American jobs is not the way to do so. Government should encourage employment, not threaten and destroy it. The regulations now proposed before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, /1_ ~ l~G° u1 P~ ~` ~( ~°5 lrU @tit

Page 2 November 1, 1995 We are also concerned that enforcing these regulations will force the FDA to stretch its already limited resources and deny the American public the critical services for which it was created. Finally, the proposed regulations would seriously threaten the viability of professional motorsports and other sporting events. This not only would deny men and women around the country these popular recreational activities, but also lead to the loss of jobs associated with putting on these events. Again the problem of teen smoking warrants serious attention. But regulating away thousands of American jobs is not the way to do it. Government should encourage employment, not destroy it. The proposed regulations now before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely, Anthony V. tSttobre President Local 1201 AVO/fs

7 7 1 7 ~°~- 9

('k tL!,;:0. '/SN DuS,d '~ i5N ~c~i'J3cl It /".>f, ~ ~Q LC A , ~~11.~'t ~_'ll~U / L7Lt~It~J f:JULCf`lL~~ , 1111} ~ I JhJ ~l 4'7i l~J ~ ~ L Q~ ~,T?,1 lv~. ['(~~~~%~1~ r.A~ L~1 ~ Vi~~ ~ ,((i~L LCJ~. l,l ~l(X?,, ~ C[CrlC~r)C L,~~'l~', i ~ N V µ 41 l:.} V ~

< Beverly Pelham R.D.2. Box 104 Valley Grove W.Vk,26060 Union Local {k2. Swisher Intn1:. 10-21-95. ~ feel that this is an unlawful act from the F.D.A.. e are AMERICANS, after a11. We Voted for our rights for freedom of speech and that ~ncludes Smoking, it's our choice to live the way that we ee fzt for ourselves.. Personnaly do not use any tabacco products but people around me do. And that is ok with me no sign or other form 1lf advertisement would make me a smoker nor would it stop me from doing so if i wanted too. Iteople will do what they want to and for themselves, and hey have that right.. WE ARE NOT IN RUSSIA.. ussia is taking on new changes in their Goverment. 1hat will happen is the taking of very much needed JOBS.. It wi11-end up hurting cur econemy as weLl as the world, lot just the TOBACCO WORKERS.but PRINTERS, TRUCKERS, ~ARMERS,PLASTICS, CLERKS,and more than a million other people of the working force who pay your salaries and this countries TAX's.. WE ARE THE PEOPLE I'M PROUDE TO ke ONE OF THEM.. Sincerly

AFSCME Local #1185 4320 NW 2nd Avenue Des Moines, IA 50313 Dockets Management Branch (I-IFA-305) Food and Drug Administtation, Room 1-23 12420 Parklawn Drive Rockville. MD 20857 RE: 95N-0253 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of AFSCME Local 1185, I am writing to express our opposition to the regulations on tobacco products proposed by the Food and Drug Administration. We strongly believe in the control of sales of tobacco to minors. However, we believe the proposed FDA regulation is the wrong approach to addressing the issue. Taken in their entirety, the proposed regulations will certainly lead to much stricter controls on adult use of tobacco products. Such restrictions would have a devastating impact on the tobacco industry. The tobacco industry is highly unionized and offers workers high wages and comprehensive benefits. Thousands of jobs held by our union brothers and sisters are jeopardized by FDA regulation. This would disproportionately affect women and minorities, who represent a high proportion of the workers in the industry. The economic fallout from stricter controls will go even further, though. Not only will jobs within the industry be lost, but tens of thousands ofjobs that are indirectly dependent on tobacco will also be threatened. This includes workers who transport the products, provide supplies such as machinery, paper, cardboard and inks, provide retail services at grocery and convenience stores an-' countless other industries. Many of the employees of these dependent industries are also union members. We are also concerned that enforcing limits on tobacco sales will force the FDA to stretch its already limited resources, and it could negatively impact the many other critical services for which the FDA was created--services the American people depend on. Finally, the proposed regulations would threaten the viability of professional motor sport and other sporting events. Not only would this deny women and men around the country a popular recreational activity, but it would lead to the loss of the many jobs associated with putting on the events. To reiterate, the problem of teen smoking is urgent and requires serious attention. But regulating away thousands of American jobs is not the way to do so. Government should encourage employment, not threaten and destroy it. The regulations now proposed before the FDA go well beyond curbing teenage smoking and are aimed at destroying an American industry and all the jobs directly and indirectly associated with it. Sincerely,

October 18, 1995 Dockets Management Branch (HFA - 305) Food and Drug Administration Room 1- 23 12420 Parklawn Drive Rockville, MD 20857 From: John F. Whitacre, Jr. BC&T Local 2-T Sec/treas. Swisher International Inc. Wheeling, West Virginia 54500 National Road Bridgeport, Ohio 43912 As a member of the tobacco industry, I feel obligated to register my objections to the proposed FDA regulations re- garding tobacco products. I am also a user of tobacco products and am angered at your interference in the industry and my right to enjoy a legal product. The government is happy to accept my taxes when I purchase tobacco products and the manufacturer's taxes ap- proaching $12 billion a year. This proposed regulation makes no sense or "cents". The economic contribution of the U.S. tobacco industry is dramatic. A 1992 ?rice-Waterhouse study estimated that the tobacco industry employs directly and indirectly more than 2.2 million penpie nationwide. Federal state and municipal excise taxes on tobacco products totaled more than 12.2 billion in 1994, and well over $14 billion when sales taxes on these products are included. FDA regulation is intended to reduce tobacco consump- tion and will lead to fewer sales of tobacco and thereby, putting tobacco-related Jobs and tax revenues at risk. No one in the tobacco industry believes in selling tobacco products to minors; however, efforts to regulate the sale should not effect adllts who are simply trying to ourchase a legal product. Tobacco is the target of the day. Stop pandering to the politically correct crowd. Stand up for what you know you should support...Americans freedom of choice and Americans freedom of speech. Stop being hypocritical by declaring tobacco, a legal product, as the worst problem this nation faces. Deal with the true hazards to our lives ... drugs, violence, poverty. Please Support... TOBACCO WORKERS AND THEIR FAMILIES

5643845 56d-JE46 l.FL-C;¢ i SCHOOL EMPLOYEES LOCAL NO. 1201 ORGPNt1FD 18`atf P'esident A.MHONY V. OTT09RE V~Presldent EDMUND R. DAVIS SecreldN-Treasurer CA2t.1EN PARTOLOMEO Busines agent Jun BiaM Recerdlnp Secretory RICHPJ2ID COP620V Guordidn .7ERRY wRIGiT 2026 CHANCELLOR STREET • PHILADELPHIA, PENNSYLVANIA 19103 aniietsd wdn tho PNhtlOohia ceu= AacC, Pa ARGo November 1, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Dr. Rockville, MD 20857 RE: 95N-023 (Regulations Restricting the Sale and Distribution of Cigarettes and Tobacco Products) On behalf of the National Conference of Fireman and Oilers Local 1201, I am writing to express our opposition to the Food and Drug Administration's proposed regulations on tobacco products to minors is and important issue. However, we believe FDA regulation is the wrong approach. The proposed regulations, taken in their entirety, will certainly lead to much more severe controls on the use of tobacco products by adults. This would have a devastating impact on the tobacco industry. This industry is highly unionized and offers workers high wages and extensive benefits. The jobs of thousands of our union brothers and sisters working in the industry are jeopardized by FDA regulation. Many of these workers are women and minorities. But the economic fallout from such restrictions would go much further. Not only will thousands of jobs directly related to the tobacco industry be lost, so will tens of thousands of other jobs around the country which are indirectly dependent on the tobacco industry. Workers involved in: transporting tobacco products, providing supplies such as paper, cardboard, inks and machinery, the hospitality industry, retail sales such as grocery and convenience stores and countless other industries will feel the adverse impact of these regulations. Many of these workers are union members.

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES WHOLESALE/DISTRIBUTOR AND RETAIL Completed Comments . Hundreds of wholesale, distributor, vending and the range of retail trade organizations and their affiliates filed comments to the docket. See Section D for a listing by state. • TI member companies sent out information to state and local retail organizations, individual retail outlets, distributors, wholesalers, and others. For example, a B&W grassroots campaign has included over 280,000 letters to retail accounts, 5,000 letters to retirees; 3,000 to issue-oriented consumers; and 1,0001etters to key suppliers. . The Smokeless Tobacco Council has sent out over 10,000 packets of material to 19 state-based retail organizations. Ongoing . Numerous national organizations have been approached and provided with assistance to file comments to the FDA docket. Comments are expected from:  Food Marketing Institute  National Grocers' Association • Grocery Manufacturers' Association • International Mass Retail Association  Truck Stop Operators  American Wholesale Marketers Association  Retail Tobacco Dealers of America • Amusement and Music Operators Association  National Automatic Merchandising Association  National Association of Restaurants  National Licensed Beverage Association

7n ~'d6rY<57 ~ Cic-O_ Q/rrL[,'rr,rl/'f~J Q/~~ l.t'V ~ G tLQ Cd', e, ir.t «-,..~r r~}-ca_ C rJ n~->-(T 1 7r(J 1a ~ r, r 7i 0 , r,-r G p, c-- r r L- rJl J'l.G ~VCZ-CN•-<.r,Ck.r-t~V Z?Wl P 1L r ~ ~..~ ~ ,~- o ~ W.oV 2 Qs ; v (L ~C 7 c 1 1/1 ° - ~ ~ l lv , v7 o eAcc,= a > r' i~ ..t•tr~-... .~.-. r.1~..- _ r. (,.'~., Cu v~ TJ ~al~l u-.~aJ )LL LL

./ , Food and Drug Administration Page 2 November 2, 1995 available to the public. Many indicated they were planning to increase the number of non-smoking guest rooms available to their a ests as they renovate rooms. The lodging industry is responding to the needs of non-smokers based on the free enterorise system and the pressures of market demand! There are no government laws, rules, or regulations requiring hotels and motels to offer non-smoking guest rooms, yet, they are doing just that! In the same way hotels and motels will respond to the needs of both smokers and non-smokers in their public areas. Let Kansas businesses determine the smoking policies which affect their clientele based on the free market system - that's the American way! Sincerely, Kevin Robertson, CAE Executive Director

' Commissionar David A. ICessier Food atid Diug Admiaisaasion October 11, 1995 Psge 3 We are aiarmed by the restriceiont you plsn to place on that fYeedom. Could less resaictive steps be rakan to aohieve rix worthy goal of rcduaing uaderage smokins? The azsswer is clearly yes. The members of MAGA suppen the enforeement of the laws forhiddiag cigarette salw to miaors. T77ese lsws are in place ia every stace in the azdon. We subrnit rhot more laws, ia thenselves, will do liale or norking to rodnce undcrage amoldng. If we as a narfan zrs serious about the laws already on the baokt, then the sime has eome ut eeforce shem. We, the members of MAGA, respectfuIIy request that you wichdraw your unprecadeat,ed, expensive, dubious plan to reduca uaderage amnkiag. We step forwasd as bvsiness people, taxpayers, parents, and Americaas, to join wirh you in pursuing more reasatiable paths w a goal we all share. =iy, Steven A, Soto Pnaident & CEO SnS:Sv3 <:%wP61\FDA.dw MexicanlLatino Grocery Purchasing Power Over $270 + Billion Annually Nationwide

November 3, 1995 ~ ~LODGN I~~~ ~SOCIATIOIV Docket Nos. 95N-0253 and 95N-02531 Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Dr. Rockville, MD 20857 To whom it may concern: I am writing in response to the FDA's proposed regulations restricting sale, distribution and advertising of cigarettes and smokeless tobacco products. The Kansas Lodging Association adopted a policy in 1993 staring that the association believes regulation of smoking and tobacco products can best handled by states. Though I understand the issue before the FDA does not necessarily concern an individual's right to smoke in public, the Kansas Lodging Association has long been concerned with government attempting to restrict the use of tobacco products in privately owned businesses. The Kansas Lodging Association believes individual hotel and motel operators can best determine the needs and wishes of their diverse and unique clientele. As you might imagine, the location within a city, room rental rate, size, facilities, policies, and amenities all draw guests to a particular hotel or motel. Further, many hotels and motels negotiate contracts for guest rooms with businesses such as heavy contractors, trucking companies, railroads and local companies to put up their employees while staying in their local vicinity. Hotel owner/operators must be allowed the right to establish there own policies regarding smoking on there property to negotiate the best mutually beneficial contract with area businesses and meet the needs of their clientele. The members of the Kansas Lodging Associations Board of Directors have thoroughly discussed the issue of smoking in public places and the right of business owners to choose smoking policies on their property. Many have indicated a need in their respective hotels to expand the number of non-smoking guest rooms available to the public, while others said "they can't even rent non-smoking guest rooms." Though many of the members of the Kansas Lodging Association are non smokers, they understand the need to allow smoking in their business or they wiil alienate a large portion of their market and likely lose customers and revenue. Earlier this year I mailed a survey to the members of the Kansas Lodging Association asking them to answer two simple questions: How many guest rooms does your hotel'nave„and; how many non- smoking guest rooms are available to your guests? 97 of 150 members returned the survey. The survey respondents show that 41% of their guest rooms are classified as non-smoking. The percentage of non-smoking guest rooms varied from less than 0% to near 100%. Most chains, such as Choice Hote!s, Holiday Inn Worldwide, and Best Western require their franchises to have a minimum of non-smoking guest rooms Jaynavik Tower • 700 S.W. Jackson St., Suifa 702 • Topeka. KS 66603-3758 • P7one (913) 233-9344 • FAX (913) 357-6629 (@

r~ North Carolina Agribusiness Council, Inc. Prt.,eenl wwlem a eumue .inCno-PCaNC Ay ca vmiaeno-sJ.n T. E'PW" WiiRamf nrs1 C.4tNe 3anY Ppi Pre~idwn LTrlee E. Gnycry TM< G~ ra,rwaaw„G Cp. s.erN. v FJfqn („ PtYw, L. opwme & rmw rva,nn tlwMi T. Wpc6 swm.rn suua cupcNa... Rc November 17, 1995 The Dockets Management Branch (HFA-305) Docket Nos. 95N-0253 and 95N-0253J Food and Drug Administration 12420 Parklawn Drive Rockville, rID 20857 PaW E.Daw Executive 'J:ce Presmena BOaRO D. OORCiORs w. Euwr+ una.a.m..v. A. J. PeNpHS rPEacm t'v Pm e. s.P.Re runqa Cpw:a n 4C de.ra F. BNeman NcSUCOieqe m y a Lu. scw+n+ w. awn.r arraM smrn ealny s mm Ca ReGwt 4 Blaqpl/G Cm1 P~ Lmri&ttt wRWm~P- 9T~ Fama /ILOWePCWGv Tlwna A 9uHkln J.nw W. s~me PINp Mar¢ I15A JNM1.y L Cav CS. GeG Pmeawr We/em F. CPNngtnn cq.rqm wr, mmr e. w.pn spnm ca/tlw T.r..IM. ~ryW.zn. F,ywpfn FaT~i iwlfe L Enq. Gmcu Ppwr 6 liqe Cp. 1Mma i sn.ncn N. Cenua FmmG.EL /L. a~I P. P,w<R« Ncsu-carqe d v.umary r.amc,r Ra/aE L fb~wre Cupe. inc. E Lamc+rl Fulre4 Pop.u Fanns PeT/ L Grxry NCA1{YM9e of Tnn:n Junn A GaR~n 4C Gpl. W igncww. JavMn 9. HowNl AC ]evt W EN6NR K«m R. XwG~ey ney.~nawer ncpni. v. J.cx.en Pircpn imc4 & Trsim Cp. fik/IMO Y. JuNlu Xcu.uNGry MJ:a. Inc $w H x,J1. P.pnnl /a~OreM1 Irrtl Icc. 4ww l L.wY Le.na AMeNSU~y'. ~ae Joen 0. YcNCiry L Nney & $en Cn Ow/yM W. ~n Cu. Pp..I CP. Herman L Pe4amX Bvue MJLig Cp. A Wa/M PNINIn GcWSCC.o rc.mng Cp. A. WlmiNl PNNe SunpaN Canmercul Com. s md. vnuupa NC Oem, oi Cwnerae PaMN B.PII. 0rarveN Mtllvg Cp. TXemn J. R.g.n. Y. vcs Pnozpmm TeMnc. Y. PYan Ca~ama EkNnc Lmperao.<rs CAxbf J. SnulEa 5'.eaa Femluer Cp. /nc. D. Nxh Sm11R 6yrt1 FCW SAr¢5 P.. a. ,npm„an PNpV. F]rmsInC uny w. ramCeu9M1 Ncsu.cpup'a m ro~n: Pesa~rzz W W. WNm NeciWVie 9an4 p/ NC 1 4 WMbM1wa. Jr. Cpssul CnemicV Corp. 9ryen S WP.pn BASF Cac. J.cR L WPadl NC Slab Paai PutMnry Attn: Dr. Kessler Dear Dr. Kessler: The NC Agribusiness Council's Board of Directors with membership representing approximately 28.% of the Gross State Product in North Carolina and 20% of the labor force would like to register our objections to the proposed FDA regulations concerning tobacco products. This is another example of government interfering with a successful and legal U.S. business. The economic contribution of the U.S. tobacco industry is dramatic. A 1992 Price Waterhouse study estimated that the tobacco industry employs directly and indirectly more than 2.2 million people nationwide. Federal, state and municipal excise taxes on tobacco products totaled more than $12.2 billion 1994, and well over $14 billion when sales taxes on those products are included. FDA regulation is intended to reduce tobacco consumption and will lead to fewer sales of tobacco and, thereby, putting tobacco-related jobs and tax revenues at risk. This proposed legislation will have a negative impact on the economic life of many communities, states and in fact, our nation. Thanks for addressing our concerns about the legislation against the tobacco industry in our state. Sincerely yours, Paul E. Dew Executive Vice President PED: bn bcc: Mr. Gene Ainsworth Mr. Jim Burns Mr. Winniett Peters Mr. Jay Poole Mr. Fred Bond 3701 National Drive, Suite 211, Raleigh, NC 27612-4864 Telephone: 919-782-4083 ! Fax: 919-782-4064

lv. 16xCFSSiYE DtritnFtaB ON sErau.EBs The proposed reguIation cirarly represeat exxssive badetLS for thare ruaile.is who chosa to markct tobacco prednots. 71e eFimmafion of say type of seif-secvica display would force tile majority of rctar7ets to xepastian all tobacco psndutxs In a completely e.>asad loration witbm their stores. A large number of mbacto retailers simply Iack tiu avm7abbc spaoe to remodel tlteA stmes to compiy with the proposed regvlations 'I7trse retailers will have to d;a...m,P aUU tobacxa sales. With the 3oss of tobacco sales, r3tese tem;,Ieis wiUl timdoubtedly experiemrx redudions m overall sales eL5 the majority of reiailar grooecy operations siuvive on a$ead.y na¢ow mazgins, the proposed regulatioas Iwct~d ,n+*ns^^abiy irapact asignificaat number of exisdng ratail estabUshmeats. In the caSe of convetieaae stoiea, these proposed regnlations wiL Pndanger t}ee.ir very abiIity to smvive as tobacro sales repesant a large percenrage of t5cr ovetall dollar sales bllmtG i V. S[TWMIAY The ASSoCfaLLOf1 of ()tL'soR Food Indvstrias siroagly encourages the Food and Drug Administmtioa to withdraw the proposed regulatioas :egatding tocacen gtnducts. As deaaon.stieted by the number of court cases alzrady filed, the proposed teguiauoms wil; do Little rnore than result in leagthy and castly litigaeon, ftati= detractiag ftm. tE:e FDA's pdmary respons[biiiries Oregon's tnrait cotnmu>tity contf:tues with cfforts to assure tdaacco ptoducts are aot made available to mhot3. 'Fhe p.roposed teontation will resuit in ar.told costs for retailess witi aut a eotrespexfding bepcfu and should be witbdrawn. On 6ebaif of the Associaeion of Oregon Food Indasmes, • Steeoe McCoid PresideQt :T

7850 EAST EVANS DR., SUITE 111 SCOTTSDALE, FRIZONA 85260 PF IbNl:: 602-948-7229 • FAX: 602-991-7853 October 10, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 1242a Parkiawn Dr. Rockvitie, MD 20857 To whom it may concern: Our small, family owned, business has been in operation in Arizona for over 9 years, I am writing to comment on the FDA's proposed regulations restricting sale, distribution, promotion and advertising of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1995), The proposed regulations would declare our total business a federal crime and shut it down. Being one of the voters who sent a loud, clear, message this past election, I think this latest infringement on my Constitutional Rights to be diabolical. Again, I am sending another loud, clear and precise message to the bureaucrats who just don't get it. I OBJECI ! Before I itemize my most strenuous objections, 1 would like to tell you about our company and the lives you plan on destroying. My husband and I, created Vending Concessions USA, Inc., in November, 1986, We were in our late 40's and were pursuing the American dream of being in business for ourselves. We invested our savings in 20 cigarette vending machines. These machines were located in adult locations, such as cocktail lounges and hotel lobbies. We worked many long, hard hours and sacrificed much to heip our business grow. My husband and I did not receive a wage the first year we were in business. Eventually, however, we were able to employ 3 employees. This small business has continued to pay the wages of these 3 employees and ourselves for over sever, years. Three years ago, my husband saw a hole in the marketplace regarding cigarette sales. He realized, that many adults, chose not to buy a pack of 20 cigarettes. However, when in some adult ocations, such as a cocktail lounges, casinos, etc., there were many adults that would !ike to purchase a single cigarette. Loose, single cigarettes were being sold illegally from cups sitting on counters of many convenience stores and other such type locations. He invented the Uni-CigOn Vending Machine. We patented this machine and proceeded to develop a legal, single cigarette. It took us three years and over $900,000 to do this. Each cigarette is packaged in a federally approved, individual tube and bears the proportionate Surgeon General's Warnings. We have applied for and been granted the proper rotation schedules. We have cleared and been approved by every bureaucratic agency in the United States to produce a legal, single cigarette. We have been approved by approximately 25 States to sell our product. Our patent, good for 17 years, just issued. 'iow ironic, that we would go to such lengths to be legal and follow all the existing laws and . egulations, to have the government just wipe us out, without a care for our Constitutional Rights, our

O_-x j Asswatlon or OREGON FQOt) tNBUSTFtlES Ino. _ P.Q Bax 12847 • $aism. OR 37303 • (503) 3G3-3768, ToIE Free!•BOQ-8c^4-I502, Pax (503j 383-5e3:; October 23, 1995 I2ocket 0951v-0si3 and 95N-02531 Dadczt M=g=w= Btaaeh (HFA-305) Food & Dzug Arim&iq=+cn, Room 1-23 12420 ParldaavR Drive RvclcvtTIe, Mazylsnd 2Q%57 Ka: Ragnlatians Restricting t:•t„ Sale and L?istributirnt of Cigamttcs and 5makeless To6aao Pmduets to Psoteat Ch,tdrr?t and Adelesec= On be5atf af the Association of CSr,:gon Food Indusmes, I offec tbe followirg commeres regaxdiag the pcopossd regalatiors as prixti~ :n the Fedetai Registar oa August Z 1, I995f21 CFR Part 8o L, et aL). As a sigrtificarrt reprextttative for (7fc;an's re.tail graeuy oonunimity, the r1ssQciaaon of Oregon Food Iadustries sroagly oppnses pcoposed rogolatioas Tfie Assod.ation of Oreoon Food Lnduslties urges tFs Food & Dcng Ao4~-bir.mr;n„ to focnally dizconticne iss :nlemalciag proeess m raprd to tktese proposed :o;alations. A- FDA LACKS JURISatCTt0?1 ^:TI&R TOSACCO PSIODUC 1.5 The Food & Ihug .4dmutisrration t1: ; aiot have approLmaze jeti.sdiczioa to tegulate tobstcca ptodttcss. Authority to rtg•.ilate tri:euxo psoducts has been wtprssiy reserved by Cangzess. Ia the abserme of speoi8c Cangress~ema1 action, the ageacy (FDA} does aot possess apprcrpeiate autisodty to ptontuLgate the propo,~ zeguiatiors. In regard to this issne, it shotdd be noted that Congxesc has cansistently rejxmxI : pcoposals granting FDA aathority to regulate mtauv produats. This deman rac that FDA tacia the jurisdlction over tobacco produczs requirod to pmtmuigate the ptvlose3 regnlaaarsL r V 4ft. 4 ?r~ oM1 Rss~: ~

It is alsp rezddy a2Parent that tobaow ptaducis are ne'sth.et food nor drug produqs and tHarfCSre excrnpt from the regtilatory puview of the Food and Drug Adrnin4staxion, specifiaally in reiation to pcovisiost4 of the Federal Food, Dcug, and Cosmetie Aez Mannfactiuexs of tobacco trava neve: claitned sacfi products serve any medieal or thesapeut4c pucpoae, thus the attempt of the &DA to t+eguiate " pteduo+s as medical derioes is unquestionably without uurit I II. VIOLAIION OF SIRSf AblBDIDSCiVT FSCYrECT/ONS As dcailai in suazeetion (a) of Seeuon 897.32, the proposed n8es would limit cettaia adveriising to the use of black text on a wh4te backgroua3. This pravisicn n:preseats a bes'nc tmm on tobaeeo advertising and ciemiy violnres proteccinns of €tee speech umdez the fiusc Amenduieat The U.S. Supremc Ca+rst has ttadit4oaalty aupportn3 a broad intcr;retation of the Iaovisons of the F'ast Amcndaunt The proposed regulatinas, as they pextaiu to advertising restsiettoas, clpriy ate conaadietary to the tradltional positintt taisea by the Supieme Court. i Futthec, tlte proposed advertiSiIIg resaicrimrs aonftadiet Coagtrssionrl action. We vndesstertd tkrough esplicit Cangrrssioaal action, the Federal Tzade Czmmissioa has b= provided Jvdsdictioa over all adve:tising. inzluding tohacoo advezt!sing. 'ibe pmecsed reoPulations conflid with this Cangressionai actioc In conjunaion with these iestactinns, the proposed rer-iladoIIS ,vovld dixeci rhe mbacx indusay to azmvally fimd a $150 million advertiaag campaign 'to discoa'age persoas under 18 yeas of age from rosing oi'garettes and smokeless tobacca producxs.' ($ S9'729). On,^e agaia, we beLeve these restrictions violate the First A+*+ezu9~_~~ III. HMRAlPCE TO E%IS[LNC It.ESPOtY9iBII3TIE'S OF F6A The primary respaiuibiIrty of the Food and Driig Arimmi ti.+r+ remwas the ntotecaoc of the natmn's food and drug suppias. In the event FDA pursnes the regulation af tobacco prodacts, other FDA iesponsibl3ities sach as thL= approval of essentsal drug and medical device.i, will be 2andared due to limited fiaaneial resourees cr.salturg from federal budget cuts. u shoaid be specifically noted, the FDA is curreatly facedd w'sth substa,-tiat backlag of apQliaat4ons sequesevz approval of dtugs and mcdiral devicea It is appzn„ut the agencys abditv m adequately ree late focd and drug sttppiics wiil be d±r++~ if limited zesvurccs ate divcrte3 for "tobacco regutation."

MkG1 Mexicen American Grccers Associorion gosA°es°srECtsws october 12, I995 a'"." rleqR{t' HarA,CA oM..azes~MNM sao.r~ .Ax ic.rz °w"'^'"^'n'""" Conunissioner David A. Xrssler O7fusx~cars07c `ro Docket #95N-0253 °'O`"'"' ei"0"""M"'"' Dockets Managemera Branch (HFA-305) 4EO, ,,°C ~Food and Drug Adminireratioa, Room 1471 P,orr Uacus 5600 Fishers Lane 0r.ur.nms.uww gpckville, MD 20857 ur. 3:Lnn awr B'p s.H.Fm_YMa»m qeaueMMOs Dear Commissioner Sossler. o,~ ewaw... A'Mw,w j°r,°wro, EA.c,y~ cM„ I atn writing to you on behiif of the 16,000 members of the Mexiean Amertcan Grocers sUN Associatiap throughou[ the Unired States. As business people, as taxpayers, as par.nts ,,Ofc. qE~,,,a9Z,R • aztd as Amerieans, we strongly oppose the use of tabacca prodt:cn by minors. We aso '^aRM1avs~ b M"~s respecrfully oppose the Food ar,d Drug Admiaistration s plan to regulate eigarettes. ~Aeevuwru:aua , A,osm+e Vs anw.M f eEo AOSELAAIEfi~qla Many allied argartizatlorn join us in opposing youth smoking and the FDA's plan, including the ; Iationi! Association of Convenienco Stores, the United States Chamber of cnuH RwR Commerce, the National Auociadon of Lianufacturers, the United States Afticaa- "OF0"090+A.IW+++V Atnerican Chamber of Commerce, the National Association of :3ispanie Publishers, the "LL'.E96NFOA United States Hispaaie Chamber of Commerce and many arhers. • ~./.rrh MAQAUM e."e"s'r'rerwExr Tcday there are 720,000 Latino-awned businesses in this country, generazing $63 billion JeRO+AeMuON uom in sales, paying 521 billion in psas and employing two million workers and them• are E°"0 aiOiGa' over 300,000 grocery stotes in ho United Ststes that will add over 600,000 jobs by the s°A"...° ..os~c~i-Ocw year 2000. Your agenoy's plan to regulate cigarettes will have a severe economic impact aseA.Maqu+o on thousands of these businesses and will therefore hurt n>z owners, employees and cus,omers who rely on them. The resulting economic shock wave will be felt in tura bl s„Ce ~ local, state and federal governments as :ax revenues fall in respcnse to falling revenuas incomes. w+eruw+ erWlK'vNla AwweQM AOaEdTMIRANpA a! MV9.ds a taeNha Many of the 720,000 Latino-owned businesses in the United States are smail, but even the smallest is importaar to the people who own it and work for it, and to the people who are served by it. Smaller rarailets will ba particularly hard-hit by your plan to•limit in- store cigarertc advertising and signage to "tombstone-sryle," without color or artwork. As you kaow, cigaretto trunufacturen now pay retailen to display advertising and signage. In the wake of your plaa, those substantial paytactxs would disappear. For some smali retailers operating on narrow margins, the loss of these payments will mean financial coIIapse. Many of the employees of these establishments have °tw resources ~ 4C5 Norrth San Fernando Roatl, Los anqeies, CA 90031 .(213) 227• i 565 - FAX (213) 227-@835 4 cn ~ m cn

lives or the lives of our employees. When President Clinton, went beyond his authority as President of the United States, sworn to uphold the Constitution of the United States, to ban cigarette vending machines and the sale of single cigarettes, the bottom dropped out of our sales, immediately. This vending machine was intended for primarily adult locations. It is easily adapted to use with tokens in areas that might be accessible to underage children. The Uni-CigTM Cigarette, with the proper warnings and tamper evidence is the solution to a problem, not the problem. The FDA and President Clinton should get out in the real world. Across the country, in small convenience stores and in bars, there is a cup under the counter with an open package of cigarettes. The persons that sell these, already, illegal cigarettes for 10, 15 or 200 each, were not provided with any legal alternative. The persons purchasing these cigarettes are aduits who occasionally wish to smoke one cigarette. Why should this adult be forced to buy 20 cigarettes? Uni-CigT'" provides a legal, taxable, accountable alternative. The legally packaged and taxed UNl-ClGT" Single Cigarette, becomes a legitimate inventory item. We report our sales to the respective states. There is an accountability and a tax revenue generated by this legal product. Because these cigarettes are handled in a legal way, C-,ey are sold in a fegal manner, ID can be checked for one cigarette as easily as for a package of 20. To ban legally packaged, single cigarettes and legislate only the sale of a package of 20, or more, is ludicrous. Not only will the government be encouraging the illegal sale of loose cigarettes from under the counter, you won't be able to regulate it or tax it, much less control "youth access." How many cf our tax dollars is the FDA willing to spend to stop the illegal sale of loose, single, cigarettes from under the counter? What imbecile would ban a legal alternative, that offers a solution to an existing illegal activity, that is already uncontrollable? All in the name of regulation, prohibition and CONTROL. Illegal sales of single, unpackaged cigarettes is impossible to control or stop. But, the FDA in all :ts wisdom, wants to ban a legal item! Any person who is inclined to sell a single cigarette to a minor, whether it is legal or not, will sell a package of 20, also. The real dichotomy to this single cigarette issue is the FDA is demanding that the public must purchase more, not less, of the very product they are trying to 'PROHIBIT.' Duplicity, stupidity and despotism, are a few of the words I would use to describe such an action. Using the same criteria, as that used by anti-smoking advocates, why not pass a'.aw that would ban the sale of one beer or one shot of bourbon in a cocktail lounge, one glass of wine in a restaurant or a pint of whiskey in a liquor store7 Would using the excuse, °possible illegal access by youth,° be an acceptable reason for such a ridiculous edict? Perhaps, some irrational congressperson should propose such a law, and have the FDA regulate it. This proposed ban on vending machines is based on the FDA's claim that minors sometimes buy cigarettes from vending machines. According to the FDA itself, however, vending machines account for only a small and declining fraction of tobacco sales. 60 Fed. Reg. at 41,325. In 1993 the r)epartment of Heaith and Human Services reported that vending machines account for only a ,raction of illegal sales of tobacco products to minors. See 58 Fed. Reg. at 45,161. according to the ve,u5rg Cv~vens l1SA, !ne.., 78:[) Ensr _wns, Sat.e'7I, kolkd7le, Az 85260 • Phcne 602948-52P.2 • Fnx. 602•991J8_'+3

FDA's own figures, only two percent of 17-year-olds surveyed report that they often buy cigarettes from vending machines. Nearly 80 percent of young people between 13 and 17 who smoke report that they do not often or even occasionally buy cigarettes from vending machines. 60.Fed. Reg. at 41,324. The reason is obvious. According to statistics quoted by the FDA, MOST cigarette vending machines, nearly 8 out of 10, are located in places that are off limits to minors or that minors do not frequent, such as bars and cocktail lounges, industrial plants, offices, hotels and motels. 60 Fed Reg at 41,325. In other locations such as restaurants, service stations and retail stores, the owner or manager of the establishment can monitor and supervise vending sales. VVhen the anti-smoking movement to ban cigarette vending machines began, we were appalled. I could not believe that responsible adults were taking children into bars and adult locations, giving them money and teaching them to purchase cigarettes, illegally, just to prove their point. This is a matter of record in many city council minutes. What kind of government condones such an atrocity and exploitation of our young people? Not only did they allow it, they applauded it and they encouraged it This practice, known as "compliance testing," has been encouraged by the federal government to be used by state and local health agencies, as well as, anti-smoking groups throughout the United States. The proverbial carruc was federal funds. If, I were to take a 9-year-old child to a crack nouse and give that child money to purchase heroine, pot or crack-cocaine, would that be acceptable? One mother in Tempe, Arizona testified before the Tempe City Council that she had a regular route whereby she drove her 9-year-old to neighborhood bars and gave him money and had him buy cigarettes. This mother was part of an anti-smoking organization and used her children frequently to perform these 'sting" operations. She used this child to testify before the Council. What the Council didn't see, and I observed, was the father leaving the Council meeting with this 9-year-old son and his 4 or 5 year old daughter. The little girl was running beh:nd, begging to buy the next cigarettes so she could stand up and talk. How can any sensible person accept this behavior, by adults, as reality, or even sane for that matter? It has been my observance that the "anti-smoking zealots" created the problem to generate the restrictive laws. I feel this type of fanatical behavior has done more to increase smoking in our youth, than any tobacco company or advertisement could have- Use some common sense! Think of these children "sharing" their cigarette buying experience with other children. What message are these adults and parents sending to our young people? This type of induced statistic is wrong and NOT FACTUAL. These and similar actions, geared to create restrictive and prohibitive laws to ban cigarette vending machines and the single cigarette is unforgivable. I realize, that to the federal agencies who squander my tax dollar by the billions, our livelihoods and investment of $900,000 is not impressive or important. To us, it is every dime we had. For the first time in our lives, we are facing bankruptcy. I. OBJEC ION 1 A. The FDA has no authority to regulate tobacco products. 1. Tobacco is not a food nor a drug. a. Tobacco manufacturers make no therapeutic claims. Vending ConaaJnns USA. Le , 7850 Fnst E.ans, Suib III, Sconsda!n ti 85260 • ihe"e 602-9a05282 • Fna: 602-991-7M

5. The FDA does not require WARNINGS on drug paraphernalia such as, pipes, bongs and little empty glass vials. a. The FDA does not require these items to be labeled `6ong-A possible cannabis delivery device." 6. The Constitution did not intend, nor imply, nor give the right to the Federal Government, or one of its Gestapo Type Agencies, to come into a citizens business establishment and dictate how and where that citizen would sell or place a legal item for sale within that establishment 7. Sale and distribution of non-tobacco items (887.34). Clearly, is an iifegal intrusion by the FDA into the free marketplace that once belonged to the American businessman. N.Objection 4 A. The financial impact to thousands of small companies, many family owned, that run small vending operations will have a negative financial fmpact. 1. The FDA did not give any reasonabl.: thought to sensible, ^^oderate vending mi achine restrictions? The total focus is a ban of vending machines. How easy it is for a regulato y agency of the federal government to wipe out our business and our livelihoods using the mediocre excuse, a total ban would entail less of a'regulatory burden." How dare the FDA use such an elitist attitude toward my business! I thought "regulaticn" was the name of the game. Maybe the sovereigns of the FDA should check out their duty. They are responsibe to the citizens not vice versa. a. Vending machines are the most easily monitored. Most are already in adult locations. b. The use of lacking systems and tokens are simple solutions to areas frequented by minors, c. I would suggest, a prohibition on adults and 'anti-smoking advocates" from training youngsters on how to get cigarettes illegally. 1) Vending machines have been around for years, but, after "compliance" testing and °sting" operations have become a standard to gather statistics smoking has increased in our youth. It doesn't take a baseball to hit you in the face to determine that perhaps training children in how to get cigarettes, illegally, and taking them on cigarette buying trips, as though it were a school field trip, might be the source of the problem. 2. Perhaps, just as a novelty, the FDA could consider the perpetrators of the illega! purchases of cigarettes by minors. I know it is not 'politically correct,' but what if children, who are in possession of illegal cigarettes, are held responsible? Does a police o'ficer just ignore a group of children standing on a street comer smoking a Joint7 Yet, I have rever heard of a minor being cited for the illegal possession of cigarettes. Vsne4nq Cencessions US.Y Ine.. 7850 Eosf Evns, Suik 111, `,e~ttyA,la. Az 85260 • ?he,x 602-?48-5282 -; iz: 602-99!-7853

CAZamissiaaer David A. Kessler Food and Drug Admirdstration October 11, 1995 PaEe 2 to fail back on when they lose their jobs; some will certainiy turn to goverssesettt agencies for asaistatue, increasing the strain on local, statn and federal budgets. The retailers' ctvtomers, meanwhile, will have fewer choices as shoppers. Your plan to prohibit seif-5et+'icc displays would create more hardship for many of our members. 41e recagnite that you would like to help retailers prevesst minors from stealing oigarettea, but we would like you to recognize that our members yready have a great and immediste incentive to prevent shoplifting; it costs us money. I wotsld like to add, with the ut7stost respect, that otu metnben believe they ara in tlu best position to ttzadage their store displays; your agency's ability to manage their disptays from Washingtoa is aeaessarily limited. As taxpayers, we have serious canctma about baw your plan will be implemented and bow mtxh ic will oost the government. There are tens of ritatarnds of tobaao refa{lers in the United 5tates. We wonder bow the Food and Drug Administration will police alt of these cstablishmenta. We ttnderstand that your agency now has a backlog of more thaa 1. 100 pending taedfoal device applications, for example. aad that you are impecting dt:mestie products aad manufact!ssin3 plaats every six years, rather than every two as required by statue. : A vast increase in your budget se= unlikely at a titne when you are failing to meet your aurent responsibilities and nearly every other federal agency is being forced to tighten its belt. As parents, we agree that tnare must be done to reduce the ttualbers of minors who take up smoldng. And, as parents, we ldlow that we mtut accept much of the responsibility for helping our children make good choices, If we believed your plan would signif;watly curtail smoking among our youngsters and those of our neighbors, we might be lnclined to support it. Increased economic hardship and even the financial rnin of sorne of our members might be a reasoaable price to pay If we could put a stop to underage smoking. Cfnfomisately, we do not believe your plan will move us closer to tlut worthy goaL Fromm my own knowledge of teenagers, I cart say that they are highly skeptical of the images and claitrs preseruad in advertising. From our reading of recent scudiea, we gather that the influence of friends and relatives is by far the most important factor in young people's decision to smake - or not ta smoke. The members of tL1GA do not believe that advertisina causes anyosx to begin smoking. Even soma of the fiercest opponents of tobacco have not c]aimed that advertising causes smoking. Farnur surgeon Geaetai C. Everett Kaop, for ezarnple, hu said, "There is no scientifically rigorous study available to the public that provides a dafittitive answer to the basic question of whether advertising and promotion increase the level of tobacco consumption." We can aii agree an one point: tninors can't smoke cigarettes if they can't get cigarettes. The value of "ptotecting" minors from in-stote tobacco advertising is dubious at best. The risk of denying Americans the right to use and view truthful words and irttages, ott the otBer hand, is great indeed. Some of out members began their lives in countries where the use of "frte spxch" s sometimes punished by. imprisonment or even death. Many of our members and their customers or their forebears came to the United States and ctsose to stay here because of this nation's unparalleied fr'ea'oms. First among them is the fteedom of speech, and we cberish it. Mexican/Latino Grocery Purchasing Power Over $270 + Billion Annually Nationwide 91715386

Minnesota Wholesale Marketers Association, Inc. do Thomas A. Briant, PA. 100 Cornelia Building 4005 West 65th Street Minneapolis, MN55435 (612) 925-3001 Fax• (612) 925-4203 November 16, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Dr. Rockville, MD 20857 To Food and Drug Administration: The Minnesota Wholesale Marketers Association is an association of 21 wholesalers of tobacco products in Minnesota. Our members range in size from small family owned companies to large corporations. We are writing to comment on your agency's proposal to issue federal regulations restricting the sale, distribution, promotion and advertising of cigarettes and smokeless tobacco as described in 60 Fed. Reg. 41,314 (1995). The FDA asserts that the purpose of its proposed regulations is to reduce smoking by minors. However, the regulations are in reality an attempt to so severely restrict the operations of the entire tobacco industry so as to ban the product. As an indication of FDA's true goal, our membership strongly supports limiting tobacco use to adults, but instead of working with the industry the FDA has chosen to attack its freedom and livelihood. Minnesota already prohibits the sale or furnishing of tobacco products to persons under the age of 18 years, and prohibits persons under 18 years of age from possessing or using tobacco. Our members have always supported these laws, and are committed to working with retailers that are equally committed to complying with the law. For example, our wholesale members and retailers work with local city councils to place reasonable restrictions on the sale of tobacco products in order to prevent the sale of tobacco to minors. These efforts include requiring training of all store clerks on how to require proper identification before selling tobacco to a person who may appear to be underage. We also support. local ordinances that require tobacco products to be stocked or displayed within plain view of a responsible employee in order to discourage theft. A number of retailers have also installed surveillance cameras as a further guard against shoplifting. Instead of looking to the proper State authorities to enforce the age requirement, the proposed FDA regulations would make private distributors like our

B. The economic contribution of the U.S. tobacco industry employs 2.2 million people nationwide. When the FDA accomplishes its real goal, "PROHIBITION," will the FDA and President Clinton assure them there wiil be replacement jobs? C. Federal, state; and municipal excise taxes on tobacco products totaled more than $12.2 billion in 1994 and over $14 billion when sales taxes on those products are included. When the FDA accomplishes its real goal, "PROHIBITION," will the FDA and President Clinton explain to the citizens where the replacement taxes will come from? D. This costly action to increase the needless intrusion of the FDA into our lives, comes from a President who is totally inept in slowing the overwhelming growth of a National Debt. A President, who not too long ago, was going to finance a national health plan with the taxes It derived from tobacco products. E. The road to Prohibition and Regulation by the FDA is paved with political rhetoric. The price of the upkeep on that road goes to the taxpayer. What this country doesn't need, is a new criminal element to contend with. V. Ob,Jection 5 A. This is nothing more than a grandiose play by Dr. Kessler to magnify the agency of the FDA. This action will perpetuate greater and more government intrusion Into our lives. B. This is a giant step toward the "PROHiBiTiON ON SMOKING." C. When the FDA regulates an illegal drug, +t's own record shows that the use of that illegal drug becomes more widespread. Under the guidance of the FDA, youth access to illegal cigarettes might possibly surpass those of illegal drugs. Vt.Objection B A. PROHIBiT1ON DOES NOT WORKI 1. What are Dr. Kessier and President Clinton going to do to the million8 of aduits who now smoke? 2. Aren't our courts and prisons crowded enough? 3. Will the persons controlling the illegal sales of cigarettes to adults and our youth, control the $14bAlion a year now going to the government in the form of taxes? 4. I would suggest President Clinton and Dr. Kessler read the Lindquist Avey Macdonafd Baskerville, Forensic Financial Investigation Report on Cigarette Smuggling in the United States, dated August 15, 1994. A copy is enclosed, a. This report is the factual resuit of excessive tobacco taxes. What will excessive regulation and eventual prohibition bring about? b. This report points out that "youth access" became a reafity on the school grounds with the emergence of the "cigarette dealer. ° VercSng Cenassiors USA, f~, 7A54 East E.ans, S,~ 117, Sce°;aole, Az 65260 • Phone 602-948-5282 • Fcr. f02-99i'953

1) Adequate warnings and regulations regarding those warnings are already in place. b. The ATF (among many other federal and state agencies) are already established to regulate tobacco. c. If, the FDA is so incfined to regulate tobacco, why not alcohol? H. OBJECTlON 2 A. The FDA is failing miserably with the task that it is already responsible for. 1. Illegal substance abuse is rising at an alarming rate, especially, by the youth in this coun a. Illegal drugs are not advertised, sold in vending machines or convenience stores. However, youth access has increased under the regulation and control of the FDA. b. ln the real world, no sensible verson, would consider adding a new responsibility of this proportion to a total failure. Only a "politically correct' bureaucrat would do that. 2. The FDA has failed miserably in approving potentially life-saving drugs and medical devices that have been available overseas for years. a. Former U.S. Senator Malcorn Wallop of Wyoming blames more than 150,000 heart attack patient deaths on the FDA and their failure in approving a life-saving drug already approved in Europe. 3. To place tobacco products in the FDA's hands is insanity. The FDA and its proposed bans and prohibitions will create nothing more than a larger, more ineffective, more costly FDA. The American people are telling you, President Clinton, we are tired of excessive regulation, control and intrusion by the federal government. The lack of respect by the people for the federal government, its laws and excessive regulations is growing as rapidiy as the problems and the national debt in this country Ill. Objection 3 A. The FDA has no authority to regulate advertising. it violates the First Amendment of our Constitution. The FDA advertising provisions are illegal. 1. The First Amendment to MY Constitution says ciearly; 'Congress shall make no law ..... abridging the freedom of soeech, or of the press...." 2. Alcohol and other controversial products do not have such prohibitive advertising laws. 3. Alcohol is placed on open shelves in full view of our youth in grocery stores, drug stores, convenience stores and anywhere liquor is sold. 4. The FDA has placed no regulations banning drug memorabilia sales or where these items are to be placed within those drug-stores. ~ .. 2 VsntSrg Concesrians USA, Inc.., 7850 Fnst Ea,n, Suihs 111, SwNSdol., Az 8$2C4 • Phcnc 602Ad8d2?2 • Sx: 5C2991-7853 LS ~ ~

members responsible for any violation by a retailer or a manufacturer. Under the regulations, a wholesaler of tobacco products in Minnesota would be considered a "distributor" of tobacco products that would be responsible for ensuring that the ciga- rettes and smokeless tobacco products that it distributes comply with "all applicable requirements" in the proposed regulations (§ 897.10). That proposal is so sweeping that it makes us "responsible for ensuring" that every single retailer and manufacturer complies with the entirety of FDA's sweeping and complex requirements. That threatens wholesalers like us with conviction for a federal criine if any of tlte cigarette packs in my store contain fewer than 20 cigarettes or violate any of the proposed labeling and advertising regulations. Our members therefore could be punished for something that someone else did, something over which they have no control, or even knowledge. We do not believe that Congress has given the FDA such regulatory authority. The FDA gives no justification for treating wholesalers in this manner. If the FDA thinks that our members' employees could or should inspect every tobacco product received from manufacturers or supplied to retailers, the FDA has no understanding of the economic realit':s of our members' business. Our members stock many different kinds, brands and makes of tobacco products, and have a limited number of employees with which to run their operations. Their employees receive, handle, shelve, sell, and ship every single product in wholesale volume. Our members cannot afford to pay employees to inspect the labels on cigarette packages or cans of snuff. Manufacturers already conduct these inspections and to duplicate their efforts makes no logical sense. The FDA's proposed ban on vending machines would abolish an entire area of distribution for our members and substantially affect our business. The require- ments in Minnesota that cigarette vending machines be placed in areas where persons under the age of 18 years are not generally permitted access and in plain view of a responsible employee ensure that cigarette vending machines cannot become a distri- bution method for underage users of tobacco in Minnesota. Rather than rush to a complete federal ban on cigarette vending machines without any adequate justification, the FDA should look to states for wider adoption of the types of safeguards adopted in Minnesota. The proposed rules also prohibit distribution of free samples of cigarettes or smokeless tobacco products. Minnesota limits promotional distribution of tobacco products to single serving samples distributed in tobacco stores. Given the State's restrictions on the sale to, use by, and furnishing to minors of tobacco products, and the general commitment that our members have observed in the Minnesota tobacco industry not to permit underage tobacco use, it is unrealistic for anyone to suppose that promo- tional distribution of tobacco might be used to create a market based on sales to minors. I

1) The majority of business people and vending operators are hard working honest people who are willing to implement reasonable controls and safeguards to prevent youth access to cigarettes, The °cigarette dealer" will focus on selling cigarettes to our youth. B, THESE REGULATIONS ARE UNCONSTITUTIONAL C. YOUTH ACCESS HAS LITTLE OR NOTHING TO 00 WITH THIS ACTION. IT IS A TOOL CONNIVED BY THOSE WHO HAVE EVERYTHING TO GAIN AND NOTHING TO LOOSE, AT THE EXPENSE OF THE CITIZENS OF THIS COUNTRY. We are hard working, law abiding, tax paying business people, Most of us are willing to work, within reasonable guidelines, toward prevention of youth access to cigarettes. Excessive and unreasonable restrictions, bans and prohibitions are not the answers. To replace the legitimate business person with a criminal element is typical of the govenmenPs view of CONTROL. The Constitution of the this country ~Nas written in a way that was supposed to prevent Control of the citizens of this country by our federal government. President Clinton, it is time you got back to basics and the Constitution. President Clinton, you may not like the behavior of many of the people of this country. You may not consider some of these choices as healthy. There are many of us, the peopie, who do not consider your choices appropriate or healthy, either- Your role as President, however, was to uphold the Constitution, My role, as a citizen of this country is to vote. In fact, I still have that cho;ce, whether you put me out of business or not. Sincerely, Bonnie J. Laidlaw One of the People Vendng Canxtt+ens USA, Irc.., :850 Eos! Ewm, :~ib 111, 4otlvioln, Az 85260 • Pfiore 602-946-5282 • Foz: 6C2-991-7951

Nonetheless, Minnesota's strong restrictions on promotional distribution of tobacco undermine any alleged need for the FDA to ban free samples completely to prevent underage tobacco use. Unlike other retail establishments, tobacco stores are precisely the type of location where no minor has any business even coming through the door as a customer. Since FDA has cited no evidence that tobacco stores in Minnesota are illegally distributing any free samples to minors, FDA's concern with underage tobacco use provides no justification for banning all free samples in Minnesota. One of the most dramatic impacts on the Minnesota wholesale industry will be the loss of sales of tobacco products which translate into lost jobs. Collectively, our members would lose more than $75,000,000.00 in tobacco sales if all of the FDA's regulations were adopted. This tremendous loss of sales results in literally hundreds of route drivers, sales representatives, warehouse personnel and clerical staff jobs. We find it inconceivable that a single federal agency could adopt regulations that impact one industry so severely. The economic toll from the regulations is simply incalculable and, for this reason, must be avoided. For all of these reasons, the members of the Minnesota Wholesale Marketers Association urge the FDA to cease its consideration of the proposed reTilations. Sincerely, Harold Wagenbach President, Minnesota Wholesale Marketers Association cc: U.S. Senator Rod Grams U.S. Senator Paul Wellstone U.S. Representative U.S. Representative Gil Gutknecht U.S. Representative David Minge U.S. Representative Jim Ramstad U.S. Representative Bruce Vento U.S. Representative Martin Sabo U.S. Representative William Luther U.S. Representative Collin Peterson U.S. Representative James Oberstar

Page Two My employees and I thus could be punished for something that someone else did, something over which we have no control. That is outrageous, and I cannot believe it is allowed under our constitution, much less authorized by Congress. The FDA gives no justification for this extraordinarv treatment of wholesalers. This is as clear a case of bureaucratic arrogance as I have ever seen. It is like threatening to throw a food wholesaler in jail because it distributed a can of soup with an inaccurate list of ingredients on the label! If the FDA thinks that my employees and I could or should inspect every tobacco product that we supply to retailers or that we receive from manufacturers, the FDA doesn't lozow the first thing about running a wholesale business. We stock many different kinds, brands, brand-styles, and makes ef tobacco products, and have a limited number of employees with which to run the operation. My employees receive, handle, shelve, sell, and ship ev,~.y single product in wholesale volume. We cannot afford to pay people to sit around inspecting the labels on every cigaratte package. That job is a public function and, if it needs to be done at ail, it should be funded out of the substantial taxes that I already pay. The FDA's proposed ban on vending machines (§ 39i.16(c)) would abolish an entire sector of my business. During 1993-1995, wholesale distribution of cigarettes for ultimate use in vending machines resulted in 35 million in revenue for my company out of $60 million in total revenue for all forms of distribution. By baruung the sale of tobacco products to minors, Connecticut already has made it an offense to sell tobacco to a minor through a vending machine. All machines are identified and in line of sight. I believe Connecticut law already is sufficient to ensure that minors do not purchase tobacco products from vending machines. However, if more regulation is needed, we should look to the state gove=nent to mandate a0proprate use of ]ccking devices rat:zr than n:sh to a federal ban on cigarette vending machines. In Connecticut, it already is illegal for me to distribute tobacco product samples to minors. I believe this law is sufficient to ensure that minors do not inadvertently receive free samples. Again, if more regulation is thought to be necessary, Connecticut can enact such regulation. The real reason for free samples is obvious. There is nothing like actually trying a free sample of a different brand for a customer to make an adult decision to switch brands. Although sometimes I have seen customers switch brands as a result of free samples, I certainly have not seen overall increases in tobacco consumption as a result of free sample distribution. On the other side of the ledge, I see nothing in the FDA's proposal showing that free samples have actually worked as the FDA says to cause persons under 1S years of age to use

STANLEY ~vi. SEi.SGSON Clutmm, m+d c.'ig! ;~-~Zaw oifl~ November 8, 1995 Docket No. 95N-025 The Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 20857 To whom it may concern: I am the President of the S & S Companies, a wholesaler and vendor of tobacco products in Connecticut that employs forty employees and does business with retailers and restaurants in all parts of the State. I am writing to comment on the FDA's proposal to issue regulations restricting the sale, distrioution, promotion and advertising of cigarettes and smokeless tobacco, 60 Fed.Reg. 41,314 (1995). Although the FDA claims that it is proposing its regulations to reduce smoking by minors, its proposal really is an attack on the entire tobacco industry aimed ultimately at prohibiting tobacco use and denving adults the free choice to use tobacco for their personal enjoyment. The restrictions contained in FDA's proposal extend so far beyond what may be needed or effective to reduce underage smoking that they threaten my business. Connecticut already prohibits the sale or distribution of tobacco products to persons under the age of 18 years. In addition, Connecticut has enacted several other pieces of legislation to confront the problem of youth access to tobacco products. I always have supported these laws, and am committed to dealing only with retailers who are equally serious about complying with the law. Al1 machines are placed in view of an employee and are in adult accessed locations. All retail locations are warned personally by sales personnel. Instead of looking to the proper State authorities to enforce the minimum a_e requirements so that no bad apple could discredit our industry, the proposed FDA regulations would require private distributors like me to act as pubiic inspectors. Under the regulations, my company would be considered a "distributor" of tobacco products (§ 897.3(c)) and thus would be responsible for ensuring that the cigarettes and smokeless tobacco products we distribute comply with "all applicable requirements" in the proposed regulations (§ 997.I0). My employees and I are threatened with conviction for a federal offense if any of the cigarette packs we distribute contain fewer than 20 cigarettes (§ 897.16(b)) or violate any of the proposed labeling and advertising regulations (e.g., § 97.24). THE 3 & S COMPAINiES, 135 VtAIN STAE.cT, NORWALK, C"~- 06851 (?03) a-16-,2Co

Page Three tobacco. Since there is no basis for its proposal, FDA should not ban promotional distribution of tobacco products. The FDA shouldn't interpret what I have said as agreeing that FDA has authority to regulate tobacco products at all. It should be obvious that tobacco is not a food or a drug. FDA is outside its authority when it proposes these regulations. For the reasons I have stated, the FDA's proposed regulations are totally unacceptable. The regulations will require wholesalers to do an absurdly costly inspection of each tobacco product that we receive or deliver, and hold wholesalers legally responsible for products that violate the regulations. The regulations will destroy our revenue from vending machines and sampling actvtties. Yet they will have no effect on the pr 'iem oi ;,.:. o tobacco. In fact, the FDA does not even have jurisdiction to regulate tobaccol The FDA should withdraw the proposed regulations. StanleyW. Seligsoei President SMS:mc C: President William Clinton Senator Joseph Lieberman Senator Christopher Dodd Representative Christopher Shays Congresswoman Nancy Johnson Congressman Gary Franks

-1:1 V Lfi C1 ~

I Food & Arsg A bftntloa Oetaber 13, I996 /5 Suma_xx f.s an indivIdual invotvea with the retaii sale of tobuw pratuCs, I stzossgly r=aLr"d the Pood & Dsus Adatiinielsstion wAfdr4w the Mpos~ed rules rfgard3ne the sals and diatr*uttaa of tobacco prodncts to minors. I 5ratly betiave tite proposad ru1s3 are tnisdlrxted and reprYsaat m att19 sErt by the. FDA to bring about a rysiem of proh{bidaa. I woutd like ta re!lerate that blsid Pantriet, Zna asd oue oVer S00 mlployeas coittia3sa their eoncerted efEorts m nvoid the sale and distrburian of any mbaem prnduct to minors. In liAht of e3dttiag ledasal and sbte lewa, I fmd littls vaiua in the proposed rules a= sincxely eneourage th. FDA to withdraw such rulas. WI1Uam C. Girard.lr. presidentlCEO I

. TM(3i011tT4RY pF NLw4TM An0 MW.w //AVl~,ji .ur,aenrac»n. OCf 2 19% Ys. 8onnie Sue Cooper Che.irman ot the Eoard at Direotors The National foundation tar Woman LsqiCators, Ino. 7740 PrOSpact Btaet, N.W. 'sashinqton, n.C. SD007 the delay in reSIpondinq. aear Ms. aooper: ^bank you :nr your letter expressing concern about the Foed and Druq xdministration' (FDa) aaswni.zq rsspand.trility "or requlatcry rsst:ictions aqardi.7q ~he aale and distribution to childran a2 ciqatsttes and sa!akelese tobacco products. S regret As you knov, on Auqnnt :1, 1!!S, the Department published in the a notice of proposed rulemakinq setting ?orth tke jurisd ction c! :lse TIIA in this area. Pleaee be asaured that we will take your viows into acoount as options tor lurt,ysr 3ction are ccneidered. :hank you again _*or you: letter. ( Sincsrsly,,

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES ADVERTISING, FIRST AMENDMENT AND FREE SPEECH Ongoing • The Freedom to Advertise Coalition will file comments on behalf of its six member organizations:  American Advertising Federation  American Association of Advertising Agencies  Association of National Advertisers  Magazine Publishers of America  Outdoor Advertising Association of America  Point-of-Purchase Advertising Institute • Hundreds of local ad club members are being encouraged to submit comments. Ongoing • Major First Amendment/free speech experts have been contacted, including:  American Civil Liberties Union  Washington Legal Foundation • Freedom of Expression Foundation  Thomas Jefferson Center for the Protection of Free Speech • Advertising and public policy experts are finalizing docket submissions:  Dr. Jean J. Boddewyn, Baruch College, The City University of New York  Dr. Dwight Lee, University of Georgia, Athens

i r ~ plaid pantries, inc. ~ t~ei+~hborhood ~omrenience store8 ! o~tob.r~3,isss Dackar MV•M53 aad R4N4az531 Dochet Y:M~ sr.aah G3F'AvoS) Bood h Drng Admiafatzatioa, Rooat 1-25- IIQG P3tltlawn Driva AockvilL. Maay3and 20887 Re: Rstpilatioas Rtettidiag t4~a Sale and D1ctslbutiat ot Cigarettas and S~o~olass Tobacco Praducts to proteet ChFSdren usd Adolaemb Ladies/GentLmtA: A6 Prestdant and Chiaf 8ucutive Officer af Plaid Baatries, Inc., I would aika to siabmit thQ followiag commanu on tfis Food dc Dtug Adrniaisfsation's proposad regulatiotu whieh suppossdly pertafa to the aa]e and diatnhntiaa af cartain tabaao products to miaon. At the autsat, I belitvt the Food k Drug Admtnistration ahauld w}thdraw thas. >fmwumtimud regulatiors. The pmposed regulahtosa "supposediy" partaia to tha iscuo of tha sale ard tobaeco producfs to miaors; however, aftsr amapletiisg a rather estemve tev3ew of the propasad regt:latiaac, it is apparamC the undetlyltSlj obfeetiw is nat arinued soialy to t.ha queatioa of mitton. lntt repretmts s coocazted effort oa thr put of the FDA to eurtail tba salt and dittribution of tabneco producb to the entire popalatios. In this rapzd, the proposed resuletioas are woefally misguded aad uaquastieaably atitdirettad Plaid Pasuriea, Iae, wtth hadquanaa in Deavert= Oiegon, own.t and opesateo 103 coavardencs: ctoru loptaS withia the PadSo Nortbsvest Our company is aa ad8mant supportu otvdstiug laws snd zalulat'sotu wkieh peohibit the eale and di.vibudoa of tobaeeo products to rdtton. Our eompany has not undaresna+atad In any maaars the importaace of tke iaeua of amesa to hibaaD produaa by minnrs. PIa1d Panaies, Inc. takas its reepotr,+ibMty with respea to this aaw vary s.dasaly. Prlot to addzessing a nu=ber of specSc prwisions, I would lihe to pravida ;ea>c Eesterai obcarvaaotu in ragud to the praposed resulattnr<s. fltst: I rtrnitgiy entoutage the FDA to dos.ty review mdsteg laws and ragulatimv rpgasding the cale and distributiun of tobaav ptvducss to al3ssnrs. Tha.e erost9aQ _....,... e4.. .a.- o6.J . o..,..... na 67MS . 15AR1 frS1W16A . FiiX ,1t 1bW1 Gq&3QTI

 Texas  Wisconsin • Wyoming I

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES VETERANS Completed Comments • The Veterans Rights Coalition has submitted over 500 letters to the docket from several states. The majority of the letters have been copied, bundled together and sent with a cover letter from the president of the Coalition to every Member of Congress from the participating state group's Congressional delegation. Over 129 Members of Congress have been reached in this manner. The comments come from several states, many of them non-tobacco. • Virginia • West Virginia  North Carolina • Wyoming  Ohio  Kentucky  California • South Carolina  Virginia • Washington, D.C. Ongoing • Members of the Veterans Rights Coalition from the following states also will file comments:  Alabama  Arkansas  Connecticut  Florida • Georgia  Idaho • Kansas  Louisiana • Maryland  Mississippi  Missouri  New Mexico  Tennessee

Food denr,tgAamizqistritian /2 Odoba>,3, tM laws and resutaliaaa an r+radLLy ideaii8ad an bo4h the lederal aad slata Ievels. Upon a re~siayv. I be]ieva your amcp would admit OrsVa carratdy mairttaSas a comprahersive ztgttlatoQy fsamework' ova the sale and d(strlbutiort of tobaa-o produetf to ntiaott. To ilsltlats federul regutsttem without ragard to the actiona aireedy takaa by tadividtul etetes,, rejneseati, trt asy opkdoa" a ahaatrcishted viTia` ' oa the put of yoar aseacy. Secoad, I 5itd it eztree.ly troublisoma tbe proposed r.Qsilatiou arise frasn the FDA. I undastood due prltmary obJative of the Food k Drug Adatiirsietsatioa was to attsse that phorasseautiatc and m.dial dwicoa are safe utd effettive estd to protact the safe quatily oE foods. Rather thaa expead limited rasonrcys an the approvai of naw drugs .vhich may reeult ia a hoalthier populatiatt, yoas ageney would like to dadiwba a portma of tbdr lirnltad ratoraeet ta u=mzscary aad dupii=tive rapjla6nns over tobacm psoduety. In light of the proposed rEgulxsFoas, it appeus the HRA !t asstim~tr.g a"poa8cally-cozreet" postr<rs witft reapuct to tbe debaoe over tht uu of tobacco pzodueb by any peraoa= irrespecdvc, of age. fiowewr, in so doin& the asaiLys prarury goa3e and objeetivas will usldeti:btediy be hindeted. Coupled wlth this "po3itlCaUy-rarrQct" posvs'0. I beYeve it is very ; iinpornat to recopize that Congreas has cnnsistarltiy reJecesd gnating the FDA rxptess Jurfsdicttoa orer tohaeen products. Rathes. CattVess has retaiaad t?tis express turfsdiesiea. In this regard, I beiiwa the FDA's propased ragulatses+s durly exceed its own ataatory authority md, subsequentiy, should be iaunediatdy wiehdrawrn. The fntlawing comments ue olFaed 'us reazrd to a nu..iber of epeeifie provisioas of tke praposed reguiuimtr ~ ~.'0adit''OrLSjaf m.nti_£a_eMure_A11G3YliJtlitYtldY+ILyiIIS.2•L.W~. •10. aa""^du'e with subieatioa (c) of this aweioa (§ E97.16), the sale of dgarettrs aad, smokeless tobtcco producu by meaas af selfLsuvics dspkys or through vradiil6 maehiua would be ptoWbitad. One of tlsa moat prevaiatt faetnsa faced by ctnveaience atord is the co:utaut iliue of limited space. The use of self- serviea dis7lays for the sata of tobueo produets 1n coaveafeaee stores 1a many dsnes diekatrcd by tlu availabls spaee. Sa prolLbit eha vse of any tppe of teit-setvua diaplay would not only pLaoe an u:uusoaab7e uid uareatlsttc burdea on aty fadividual stores, buc, In many itutaaees, t.rouid also represmt an ineonveateree to cuBtoIIUrs.

Dockets Management Branch Food and Drus Administration Room 1-23 y 12420 Parldawn Drive Rocl ville. MD 20857 Dear Sirs: I wish to protest the FDA's proposal to regulate tobacco products. If this happens, I am afraid it is going to adversely affect our veterans in V';; hospitals whose only remaining joy is smokine. We have seen attempts in the past by the Pederal Government to regulate smoking that hz ,:: c: ,' :erazs •cutdoors in inclement weather iust to smoke. Veterans are adults and should not be treated like schoolchildren. I wish the FDA would worry more about heroin, cocaine and other drugs, instead of legat tobacco products. Very truly yours, lGC~ C` L~ C ~, J Charles C.:~ V it lli P'BoziP; Fagle FG'veq L:7 :.

1 Food dcEhs:g AdmitaatsatwQt /4 Octobet 13. 1995 to ut9t2e cvtdaor advertfsing- Yhfs propnsal is dnriy diserimiaatary to aestatn reteii esEa'a}4ahments issvolved with tbe sale of tobaec9 produeba Fustius. I smdergtand the tatraom iadwztry has ps.vfousiq dsvetoped an edvetstsing and psomotloa code M.E+kh prokf:ta billboard adv.rcsiag wit6lrt '00 teet of schools aact piaqgt+asmde. I do not bdIevs it Is jtutiSad, to ocMd this odstbig adveeeslsttrg restyittoa dtrongh ft implm=utitation of the pmposedd niles. BeSae pursuatg the proposed rulet; I would ztmngky oacourage the FDA to review the rxietiag regulatory authot!!y_of the Fadaal ?rada Comtaission over t2te issue of advertlkssg: Ccaigrra has exp: ay gmtad the Fedarat Trade Comausdon jiaisdidion oaeer aIl advesdsing.'Tjse propwed rules eonfiitT with this Congresaianal pant of aurhoaty. FiAauy, L stmngty recamsawrt the FII.a; dasely review its ultissatc objeetive in ragudd to the propos.d adnsttlslns rssuictioas. Faepesiexee at*%riy demonstrrmr that a ditQet contuetton between adrerdsina aaet an ittdividua^ dedaioa to start smo3cissg does not exisk I uaderstand cutLir, Hurapeaa eountries which have completnly banaad mbaem advezasing experiexux a htgher peremimge of youth smoking than the United SFabss. In hriaf, tha proposed ruloa to restrict advertisng wAl not aceaapiish the so-called objacsive of the FDA to dissnado mfnors from usirsg tobacco products. 3. Fduea_t%xtal pMZMU coneerninQ cisa ettes Ayd, mp•ke1es toba=- ;r„qd= Lq 1=12 This sectior (§ 997.29) roquifoa the tobaoro iadust2y to dedieate $150 million 071 an anaual baas to an "educntsaeul prog:ata deeiped ta dismuzage persons under 18 yeus of age from usiAg dgareto and amokalass tobatco products." These proposed provisions reprssert hypomsy at its best If the FDA directs the tokarm industry to doname $150 millioa for this type of edua ;=aj progsati, 'he FDA should also subjeet all otlur supp]ins and produosrs of conscmtar prodtrcls which may ttot be advantageous for hum.ne to the same seaadard. Should the beer and urine induaeLs be subjOCtad bo this standard7 Should the maaufacsssras of soda pop be subjeoe to the stalSdatdt The beaie isnte appears to be one of preeedenn. Oact tha bDA subjatts one industy segment to this type cf eduaatunal pragrsab it wouid appaar :agical otkm iaduatrins wiil aventually be subject to the sasRe or similar programo. I stroagly encourage the FDA to eii:aiaato this ptovisioa fsnm tise proposed raies.

 National Association of Hispanic Publishers  Urban League • NAACP

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES OTHER BUSINESSES Ongoing • TI member companies' suppliers' employees are being encouraged to write. • The pharmaceutical, biotechnological, telecommunications, vitamins and plastics organizations have been approached to assess interest in commenting on the FDA's role in regulating business. Organizations include:  Society of the Plastics Industry  Institute of Food Technologists  National Soft Drink Association • Pharmaceutical groups: "PHA.RMA," generics, over-the-counter  Biotechnology groups (G--nzyme Corp.)  Telecommunications industry groups  Vitamin groups • Additional "who's next" groups have been targeted, including:  Beer companies  Wine groups/wineries • Coffee concerns • Dairy interests  Sugar interest  Meat/poultry interests  Snack food manufacturers • Tobacco manufacturers' advertising agencies are being encouraged to send letters to the docket. • National Association of Manufacturers is considering submitting comments. • U.S. Chamber of Commerce is considering filing comments. • More than 200 tobacco company suppliers submitted letters explaining the negative impact of proposed FDA regulations on their business. • Minority advocacy, business and publishers groups have been contacted to write letters to the docket:

Fwd deDr•agArhV3drdSmrian I3 Oetobae 13,1995 f Ils addilion to thesa faaoss, I hope the 1vDA recota{us that eress if a particrAar store opaatiea Wss advanage of sek-serdce di:playa, tEs. final sale will be made ty the indivfdval sto:>< empeyee. As connhtQd in the Fedfsal Resiftat Notfce, thn FDA suggests tlss ellasinatlosf, of edfbn.ia displayo ts ==IUW by the pzava]sme of shopllfting. This rtttoaalisation is troale to sry the lout 1fSe FDA sOcognLSed t110 tSidtfoslally 210SCtoasar$iR by whiCh seW opelat34ai txi4t it would also reeogniza that if ahopliftiny prevailed '`+ a rLsult of utiiizina self-ce=vlee displays, dsea individual stors twhera and operators would rmove such diaplay'- 7Zte Fedesal Ttegfster Nexia also oaggat= the e1imiwsiann of sel£ser+sa displays wM pro.ide tstissors with an urdarataadiaE of the differeneE betw.ers tobaem and othu piodurta, such ae andy. 7he 1oOs behiad this ettggrstfOR ia weak, if not aitotpether nonesistesst. SL self-psvica displays ace ptoisibi5ed for the sale of tobacco praductsdue to the'uWe of the pzoduct t3aa FDA ihotsid also•psopose a ban on ealkarvtca disp3ays for beer, pop and pata•m chips, along with a vatiety e'_ other psod•ueai w1+feFi may nat be deemed esaentiilky "halthv." To prohs"bs't sdf- eervica di.'playe ior tobaem produets, whlla negleetiag sll other products is eontrad"utorq. ~, Seoue o yesmissS le LqMp,Qf baIIn an .Adve.tisinY A 59730)/Format 3ad eqntga ,t~,guir~syanes a~jartisinrlgffi521 ;~se provisona a° 5ectiaa 897.30, if conMed Iiterally, would prohibit the vast :aajority of tabacm advercisiug. Requiriicg advertisements To use oMly blaclc and white text (S 597-32) and prottibidaY advattis4ng within 1,000 feet of any playground1 aemesltary school or secondary school (S 897.3Q m)) ceariy vielatas the First Amandment provfs(ons of the Constitution with rap.et to frte speech. 1'urt4sar, the proposed rulea conflict with the eosa.ag autfserity of the Fedarai Trade Coasmiss{cn (bT0 In regtrd to tobacW adverdsing. The US. Supreme Cost has consiatmt2y supportad a broad interpstsatia=s of the Firat Aasssdmrnt. SpecScally in relation to the issna of caelmereial itee speech, the court has hald the use of picttua, illustrations and color in adverCsina is fully protected. Tlle propa.ed blaesc and whttr advartising restncdoas deariy contradict the casrrs privioua der3sions :'rohibitin= eny type of advaCsing within 1,00o faet of schools and playgmusds ropreoaats yet aaother violation of the F'ust Amendmeat This proposed r.•.atsiaioa would unfairly bsudns ceztai.n ratailers and, mareoves, Is unaectssary, as well as p.nwaaaated. Ai proDosed. a small reta32 emhlishmesst lorited within 950 feet of a school or play;souad would be prohfbitid from maintsining any type of outdoor advertisang, while a second retail outlet lonted disactly acron the atnet and outside of the 1,00 foot ataadard would be pesmittad

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES_ THINK TANKS Completed Comments • Comments to the FDA docket have been sent in by the following think tanks/free enterprise groups.  The Alexis De Tocqueville Institution  The Small Business Survival Committee  Frontiers of Freedom Ongoing • Several other think tanks have been approached about filing comments with the FD.A:  The Independent Institute  The Business Leadership Council • National Center for Policy Analysis • Institute for Policy lnnovation  Capital Research  CATO Institute  Citizens for a Sound Economy  Citizens Against Government Waste  Heritage Foundation

91?15417

November 6, 1995 Commissioner David Kessler The Food & Drug Administration 5600 Fishers Lane Suite 1471 Rockville, MD 20957 Dear Conmtissroner Kessler. I write to offer ourthoughts on the proposed FDA regulation of tobacco. We have grave concerns about this proposal on several different grounds. Excessive Regulation This new regulation represents an unprecedented intrusion of the federal goverttment into the lives of Americans. The scope of the proposal is staggering. Tobacco, already one of the most regulated items available to consumers would fall under a tremendous variety of new regulations and bureaucratic scrutiny. As columnist Carl Rowan has observed, "the initial reaction of this smoke-hating columnist is that the government's proposed programs go too far. We dare nor give the FDA or any government agency such sweeping powers to limit free speech, commercial or otherwise." While the excessive regulation is itself troubling, so too is the method of creating this regulation. Declaring tobacco a drug provided only limited regulatory reach, so the Administration chose to go fiuther and labeled cigarettes as "medical devices." Many people would find it difficult to place cigarettes in the same category with hearing aids and heart valves. Under such an expansive definition it seems that any product in America could be labeled a medical device. Hnncrary Co-Chalrman lack Kemp Praidmt Memck Carev Center an Reguiation and Economic Groweh Rocen Kascen Chairman Senior Advlsorv Board pick Armev feichael 3oskm lonn cr.gler i ren[ LOR Congressional Advisorv Boara Tom Delav Laucn FaircloN /ae Knollenberg Jan MeVers Oan Nickles Larn• Pressler .Nalcolm Walloo . r . I 1 Nortn Kent Saeet iuile 90 1 irlingtan, VA T_]09 703.351,4969 iei 703.3>I.C090 Fax

In announcing his plan, President Clinton declared, "We're their parents, and it is •n to us to protect them." Yet the federal government is not the collective parents of all children in America. And a govemment or president who takes on the role of parent puts us even fiuther along the path to a "nanny state," with a central authority interfering in all of life's choices. Agencies like the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and the Consumer Products Safety Commission (CPSC) are not only usurping the role of parents but they are treating all Americans like children. In a letter to you in September of this year, Thomas Dortch, Jr., president of 100 Black Men of America, ekfqttently noted that, "surveys indicate peers and parents, not advertising, are the greatest influences on a minor's decision not to smoke." He went on to note that federal efforts to help youths would be far more effective if they focused on reviving communities and driving out drug dealers. This is the right approach. Government can only establish a framework for individuals to lead their lives well. Within inat framework, they must make their own choices to advance themselves. An G'ltimate Ban? Beyond my concerns with this regulation, I am concerned that this is only the first step towards the uhimate banning of tobacco products. The scope of the proposed regulations, which include barring caps and t-shirts from carrying tobacco advertising and preventing promoters from using tobacco brands in sporting events, are so sweeping that they may indicate a hidden agenda to ultimately try to ban smoking altogether. Given the results of Prohibition, such a course would clearly be a disaster for the nation. Banning or even enactittg excessive taxation on tobacco will simply lead to smuggling. For evidence, one need only look at Michigar. vhich raised its taxes on cigarettes from 25 cents per pack to 75 cents per pack in May of 1994. Shortly therea8er, evidence of organized smuggling began appearing. State police have been greatly concerned about the rise of this type of activity. Another contemporary example is Canada. Because of sky-high excise taxes in the early t 990's, Canada faced a huge problem with smuggling of alcohol and especially tobacco that ultimately led to a rollback in taxes. In 1992, one out of five cigarettes sold in that country were smuggled in. This smuggling was simply a matter of economics: in Montreal, a carton of legal cigarettes cost $48, while illegal cartons could be purchased for $18. 2

restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government." This proposal to regulate tobacco takes our nation evea furdter away from the initial conceptions of government that Jefferson and the Founding Fathers envisioned. I Back to Basics Rather than undertaking broad new efforts in tobacco regulation, we believe that FDA should focus on addressing some of the many concerns that have been raised about its operations over the past several months. One ofthe•tnost distressing of these issues has been the delay in the approval of new medical devices. It is unacceptable that other OECD nations often approve medical devices years before the United States. Further, items such as fat and sugar substitutes have languished in the review process for years. Efforts to improve bottlenecks in these areas will clearly save lives and enhance the national well-being. I believe the ideas put forward last week by Senator Nancy Kassebaum are a good starting point for disausion of what direction the FDA should be headed in. Among other things, Senator Kassebaum has proposed setting strict timetables for approval of medical devices and new drugs and has proposed speeding up approval of food additives. It makes sense for the FDA to focus on its core mission before venturing into new areas of questionable value. Thank you for this opportunity to address this issue. Sincereiy, 4

pctober 19, 1995 Malcolm Wallop U.S. Senator (R•W'Y ra.) Chairm: n ~1735 North Lynn.4treet Suitc 1050 Arlington, VA 22209 Tel. 703-527•8282 Fax. 703-527•8388 The Honorable David Kessler Commissioner Docket # 95 - N - 0253 Dockets Management Branch (HFA-305) Food and Drug Administration Room-1-23 12420 Parklawn Drive Rockville, Maryland 20857 Dear Commissioner Kessler: I am writing in the strongest opposition to the proposed FDA rule to regulate the actions of the tobacco industry. I do this, not as a ciUzen who smokes cigarettes, but rather as a citizen who cherishes The First Amendment. I am an opponent of this nlle because poAtical gain and enhanced government authority are no reasons to set aside The First Amendment. The term "slippery slope" is often used here in Washington to describe a myriad of things, however, I can't think of a better definition of slippery slope than that of the FDA rule, If one small section of the rule violates The First Amendment, then the entire rule is unconstitutional. This rule, however, is a miracle. The entire rule is a slap at The First Amendment. Just a Lw examples of how this rule is uncontitutional: • Bans the use of tobacco brand names on non-tobacco products. Requires all cigarette advertising to carry a second warning statement in addition to the Surgeon General's warning that is already required. Bans all outdoor advertising within 1,000 feet of any playground, elementary school or secondary school (This reg alone would ban advertising from many entire towns in America) I'll give you a few more violations of The First Amendment • Limits logos and brand names on race cars, driver unifcrms to a black on white format • Limits advertising outside of the 1,000 feet to tombstone ads.

BOARD MEMBERS ' lsLeuM:.rnr luhu3umm 1{arald Ruhenson Ed: Heh<.-.en Warren Ccher Ruben Rahesy ~r. Bee3hmn lanle, Lelerlar uly Bmwn Di<A Plairinper Haben Keys EnieKymr Lmhcriex Jce MeGlonin. lr. Did E.uierllac LesThOme Charle>Gumr -Boib, \171cr YiisNilscn Ste,:\e Al Tercem Bilk Rw ~%'nite Getald Ande,on Tom a1\'eett Dick Beiow S1aioNe~ Pe¢rs HamerCalquine JobnCurtv Dandntuniati Stephen Davis CWrecm Lu&le FrxnkEitler ' Ead Gunnels Duune Bukemoer Lee Hxwkins Otis Me.+.asm J. C. Ho,ie Jo L Mertiman Vircinlu'cdvads le Pur Cliff Reich G+tree Guimond Dm'id Temolemn Hemn Tucker Joewedemann - Jerrv wi0i;uv Cn.vkn Dund:.lr. .4shb)'Hnlmes Lvrv Cartoll Raben Choalitr Tom );eliaa J. Gecree Hurvuth TJ. Tmcana Lloyd \'anderfno! Greg Sparro, PemWalker JimJe,d Ra, Nn,iak JchnCorev T.J.Thx-oc Seojamin Punnl Gwr. Bamncer Thonws Bunnnc Jak 3urke '^msd Hassan 1.ffie LuBUr r_eeian,e - Stedin Ceqenrer lahn Cmwford Ra!<nLU:ms FnvkHana± EddieSaunders Eugcee~initmp TracvTarler Sum S.haiicar Ruby Tucker ' Chvle. Hudin^_ ChulieSteFhenson Georg: Nahen Rarce TeW:ar Jamo, Nenman BillPeacn LeRcv Pulxwa Coroline K. Tum Na:k Caape: B.vn>m eer loF.n Larvann ' NalTulmu Ciarlel Frltenulrer Gmre_e 1.lu9en Gmree Ballvu Cml DiGmciz N. Pn Sti¢a Rick Fmok Johnvi. R,*rmun Ruteil Rie1e Fran «111iam :n William Hedua Puul Ee.^.,nn Ne, nuru Hemp 1'ynex Demurest Don 4"'m Darrcll Benckes 'SpceJ, ' Bcurdeu LvnnHOli RonmeD,i, Jxv Rhchie Jack Karr Charlle ShoemuAZr ciuvle.Cmuun F1Feher GlenvG,dner.Jr. John Pxul Jones Vehn Hsw• Psulloodan CIimllcBdhan Twnun )Imxe Chuuk Bezio L.vrv N3ndker -vmlloFiam;m iam Pmaor Dano 11ncr AdrY SYUC:2r ' Jim TtipP Jam, Bnmilcne Anhur Bci;er Gmrec L.mue Cherks Michaud John Sdcndcn CoIJohn Sulllr.n Ralph Lux.wn Rudello P. /<pedu C.l R,:r„ Churle, Wllliomsan Dull.n,,.u_hm luck Gniiben R,Iph Hunvker Sen. L.t, liirth:e 5<ome F:ina Jchn Pa,ne Chules,;rr,dr ~ Veterans' :; Rights ~' Coalition i Re;m: Hunte: Dmtald "lim' 1kCLncish Ro:ard'mamas December 6, 1995 Ccnch:ca Hennosisim Ger.etesu Slaca•v^__ ImLv D. Jlclenc;o Ilu:nmdud Riwra Hon. Russell Feingold United States Senate Washington, D.C. 20510 Dear Senator: I am enclosing for your review copies of letters Board Members and supporters of the Veterans Rights Coalition from the state of WISCONSIN have forwarded to the Food and Drug Administration concerning the agency's move toward regulating ciaarettes as druas. We have a numbsr ^f concerns with the FDA's activity in this area, namely, dignity and respect for our veterans. We are troubled that the FDA wishes to consider our many law-abiding veterans, who like to smoke cigarettes, as drug addicts. These are men and women who fought for our personal freedoms. We are also concerned that the FDA is squandering valuable resources on an anti-smoking crusade when their time would be much better spent on approving pending experimental drugs that could lead to cures of Cancer, Alzheimer's, Parkinson's, AIDS and other serious diseases. Finally, we recall to mind the terrible oolicv of a few years ago when the VA got on the anti-smoking "bandwaaon." and the result was a policy that forced our elderly and frail veterans out into miserable weather conditions to smoke; Thankfully, with your leadership and support, the U.S. Congress decided to reverse this policy and restore the dignity and respect of our VA hospital patients. It would please us greatly if you could assist us hy reauestina that the FDA cease its wasteful and fool- hardy attempts to reaulate cigarettes as drugs. I look forward to your response. oh Pa ne, PSC-VFW National Coordinator P. O. Box 2774 • Charieston. W. Va. 25330 r±

The situation got so bad that even the Royal Canadian Mounted Police were waving the white flag. N. D. Inkster, Commissioner of the Royal Canadian Mounted Police saw the tobacco and alcohol sttntggiing in Canada as a crisis. In a February 1994 letter to Prime Minister Chretien, Inkster wrote, "We are at a point where existing RCMP law enforcement resources are virtually incapable of turning the tide in this rapidly expanding problem given our other responsibilities across Canada. While seizures have increased dramatically, the extent of the problem has been rising at a much faster rate with the involvement of organized crime groups and as otherwise law abiding citizens engaged in the criminal activity through the open purchase of contraband." Inkster argued that various measures should be taken to combat the smugglirtg, perhaps the most significant of which was reduction in taxes on these products. Finally, this smuggling epidemic led the government in 1994 to lower the tax on tobacco by $5 per carton. Clearly, while FDA regulation would be a mistake, if it is indeed a first step towards some type of ban, that would be an even greater mistake. Troubling Precedents The regulation of tobacco sets a troubling precedent for other companies and industries. The question we have to ask is where will this all end? What other products will be deemed needing regulation ber.nuse of whatever small amount of risk that they entail? The proolern with the "nanny state" mentality is that is unclear how you draw lines. Once the government steps in to prevent people from undertaking some action which they deem harmful in some way, it is easy to justify many more such intrusions. The possibility of this type of regulation spreading to other industries is, I believe, strong. For ec.vnple, the proposed regulations would require tobacco companies to spend 5150 million of their own money on "public education" advertising aimed at reducing teen smoking. Why not, one might ask, also require Nintendo and Sega-Genesis to, use corporate protits to advertise about the importance of exercising over playing video games? In the future, perhaps Doritos could be forced to do commercials on the virtues of eating &vits. Or how about making all the TV networks in the country devote hours of programtning to encourage children to read rather than watch television? The list is endless and, unfortunately, not completely beyond the realm of possibility. This courtry was founded upon notions of individual responsibility and limited government. Thomas Jefferson declared in his First Inaugural address that, "A wise and fntgal government, which shall 3

In creating this rule, you think that you have attacked this 'nicotfne de6very device", but you have actually attacked The First Amendment. if it comes down to keeping the cigarette to keep The First Amendment, sign me up! I ask you to reconsider this tragic avenue you are venturing down, cancel this rule, and hold The First Amendment hi9h. Thank you for your attention to this letter. Sincerely, Malcolm Wallop TOTF~_ P.Ca

Yes, this is a tremendous slippery slope. As a rancher, I am concerned that one day you will decide for whatever reason, perhaps, cholesterol or kindness to animals, that you wil1 tamper with red meat. I won't even mention alcohoi. When 70 percent of fourth graders are reading below 4th grade level. When teen pregnancy is growing at critical levels. When dnag abuse is once again on the nse in students of high school age. When crime is rampant with children 18 years of age and under. Why, other than cheap political gain, is the Clinton Administration consumed with teenage smoking? The rule, in its most basic essence, is the debate between big govemment advocates and limited government supporters. It, in fact, fully crystallizes liber'als attitudes towards governing. An incident which perfectly illustrates this goveming philosophy recently took place here in Washington, Sadly, Vice President Gore's middle daughter - underage daughter - was detalned by police for possessing an open alcoholic beverage. The daughter was returned home. When the press made inquiries, the Vice President's office made one simple statement.. 'We are treating this as a family mater.' Exactly! Vice President and Mrs. Gore in their capacity as good parents are taking responsibility and handling their family matter. Many parents, except for thcse most fortunate, have been in the same position as the Vice President finds himself in now. Namely, parenting an underage child caught with an alcoholic beverage in their hand, or, parhaps, a cigarette in their hand. Yet it is Vice President Gore who, by advancing this FDA rule, insists that parents of America cannot take responsibility for their children. In other words, Vice President Gore feels he can parent his child, but the federal govemment must parent the rest of our children. As the parent of five adult enildren, none of whom smoke, i assure you sir I did not need the help of the federal government to achieve this happy result. it is not the federal governments job to mother us. It is not the FDA's job to police us. While this is a free country, freedom comes with responsibilities. The tobacco industry has done more than most industries to se{f impose advertising regulations. However. when the federal government steps in and mandates advertising parameters, it is changing The Flrst Amendment from a Constitut!onal right to a bothersome notion. Furthermore, no one has a problem with your campaign against children smoking. It is your actions to stem such smoking that unsettles most Americans. When this country is faced with a teenage smoking problem, the answer is not to subtly change the Constitution. The answer is to empower parents, neighborhoods and communities to benefit the child.

The Small Business Survival Committee (SBSC) is a small business advocacy organization with over 40,000 members across the nation. SBSC promotes a free-market, pro-entrepreneur agenda of lower taxes, less regulation, and smaller government. SBSC's interest in public policy issues that impact small business and entrepreneurs dictates that we file these comments on the U.S. Food and Drug Adtninistration's (FDA) proposed regulations regarding the tobacco industry and tobacco products. In recent years, the FDA has been moving on issues and in ways that are quite worrisome to those of us concerned with individual liberty, entrepreneurship, economic growth, and job creation. In many ways, the FDA seems to have declared war on a host of businesses and indust: ies. Recent FDA battles include raids on vitamin clinics and orange juice oroducers, a pseudo-science attack on silicone breast implants, and an assault on the nation's health and economic vitality by creating a bureaucratic maze while fostering long delays in terms of drug and medical device approvals. (For more detail see: Raymond J. Kea:ing: "FDA Hazards: How FDA Red Tape Impacts Entrepreneurs and the U.S. Economy," Small Business Survival Foundation, August 1995.) And now the FDA adds an attack on the tobacco industry - as well as many related industries dominated by small businesses - to this seemingly ever-growing list. According to the Federal Register, the proposed FDA regulations include prohibiting cigarette vending machines, free samples, mail-order sales, and sel&service displays; limiting advertising and labeling "which children and adolescents are exposed to" to black-and-white, text only formats; no advertising within 1,000 feet of a school or playground: banning the sale or distribution of branded non-tobacco items such as hats and t-shirts; and restricting sponsorship of

Comments on the U.S. Food and Drug Administration's Proposed Regulations on the Tobacco Industry and Tobacco Products Docket No. 95N-0253 Small Business Survival Committee Written by Raymond J. Keating Chief Economist Small Business Survival Committee Submitted on November2Y, ('l'J5 to the U.S. Food and Drug Adminiscation 1320 18th STREET. N.W., SUITE 200 • WASHINGTON. p.C.'_0035 THL: (Z02) 785-0238 • FAX (tUL) 81'-tl118

events to corporate names only, no tobacco product brand names. Also, the proposed regulations would federalize 18 years as the legal age for purchasing tobacco products and require manufacturers to fimd anti-smoldng educational campaigns. The FDA states that with these regulations it hopes to cut youth smoking by half within seven years. However, if this goal is not achieved, then the agency would take additional steps. Such additional steps are not specif ed. The proposed measuics reach well beyond any youth market and raise worrisome questions about the FDA's long-term goals relating to the tobacco industry. After all, an August 1995 report by the FDA declared "that nicotine in cigarettes and smokeless tobacco products is a drug, and that these products are drug delivery devices with the meaning of the Food. Drug, and Cosmetic Act." If tnte, the eriminalization of tobacco products production and distribuVion must be a real possibility. Especially with unspecified, additional actions likely, one has to wonder: ?s the FDA ultimately seeking prohibition with all its commensurate woes? For the short term. though, this FDA effort is essentially based on the highly questionable notion that advertising has a significant impact on youth decisions to smoke -- much more so than the more likely influences of peer pressure and family life. The FDA also assumes that the federal govemment should, and can, direct the personal tastes and habits of Americans. As in other cases where the nanny state rtms amok, real and significant economic costs are incurred. Indeed, small businesses of many kinds will be hurt by these FDA regulations, including

~ ~ ~

oonvenience and groeery stores, advertising companies, a variety of manufacturers, print shops - the list goes on and on. Of course, as is the case whenever the government is guilty of regulatory over reach, jobs will be lost. According to an cwnomic analysis performed for the Jmall Business Survival fSBS) Foundation by the American Economics Group, Inc. ("Employment and Wages Created by the Advettising andPromotion of Tobacco Products," October 1995), the FDA's projections of potential job losses due to these regulatory proposals are grossly underestimated. The FnA claims that apProximately 1,000 jobs annually would be lost in thc tobacco warchousc, uia ufauurcr, grower, and wholesaler sectors for about 10 years. While a ten-year total of 10,000 jobs lost is significant, the American Economics Group report notes that this amounts falls far short of more realistic;ob- loss esttnates: "Incredibly, the FDA does not include ajob loss estimate for he sectors that would be most vulnerable to its regulations -- the advenicing, manufacturing and retail industries." The American Economics Group study for SBS Foundation found the following when examiaing the sales, empioyment, and wage impact of promotional and advertising expenditures by tobacco firms: • Based on 1993 numoers, direct spending on advertising and promotion by tobacco companies employs an estimated 78,836 workers in the United States, and by the time the additional activity generated by these individuals is factored in. "the cycle of buying, all begun by tobacco advertising and promotion, continues unti1...209,112 persons are employed as a result."

• Direct advertising and promotion purchases by tobacco firms amounted to more than $6.1 billion in 1993, with total generated purchases topping $17.9 billion. Direct wages and salaries amounted to morethan $1.9 billion, and "subsequent activity" generated more than $3.2 billion for a total of over 55.2 billion in wages and salaries in 1993. • Direct advertisiag and promotion expenditures by tobaeco firms fall into 11 major industry categories - food products and tobacco, apparel, printing and publishing, rubber and leather products, insClunents and related products, miscellaneous manufacturing industries, transportation, wholesale trade, retail trade, business services, and miscellaneous services. Subsequent derived expenditure's impact 37 different industry groups. • The proposed FDA tobacco regulations place much of these advertising and promotional expenditures at risk. Therefore, the businesses -- many small, entrepreneurial firrrs - tied into such activity are placed in jeopatdy as well. (See information belowon the vending services industry, for example.) • In terms of lost jobs, the report finds that approximately 45,000 full and part time direct jobs and at least 65,000 derived jobs could be lost over a three to five year period. This job loss est/mate regtsters 11 times the FD.4's estimate - but covers onlyfive ~ ears as compared to FDA's ten yecrr projection And it should be remembered that these American Economics Group estimates only count jobs related to a decline in advertising and promotional expenditures by tobacco firms due to the proposed regulations, and not additional job losses tied to any kind of decline in the purchase oftobscco products.

. •Looation of vending machines: Locales rarely frequented by minors 77.5% Bars, cocktail lounges 31 % Indu.saial plants 27% Offices 12% Hotels/Motels 4% Utnversities/Colleges 3.5% Other Locales 11.5 % Restaurants 13% Terminals. Rec - Bowling Centers, misc 9.5% Meanwhile, this highly dubious undertaking creates tangible risks for an industry completely dominated by small busit:.sses. For example, t'endin,g Times reports that 26 percent of vending service providers are one-person (or family-only) establishments; 1 i percent have only one part-time employee; anothcr 28 percent claim 1-3 full-time empluyccs; and 10 percent have 3.5-5 81l1-time employees. In total, an incredible 90 percent of all vending firms employ less than 20 employees. The survival of many of these firms is placed in jeopardy due to the proposed ban O{cigarette sales through vending machines by the FDA. The job uf stupping youth smoking -- a goal worth supporting - talls to parents, not tederal government bureaucrats in Washington, D.C.. Governmental social engineering always fails -- and at great cost to the taxpayer, business, and the economy. fndeed, excessive regulation always hurts the economy. If a fodoral govcrnmcnt agcncy is going to da;laic wru on any industry by instituting greater oversight and enhanced regulation, then a fall and realistic accounting of the potential damage should be undertaken. Increased federal

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES SPORTS SPONSORSHIP INTERESTS Completed Comments . Tobacco industry representatives and allied organizations have made a concerted effort to educate fans of bowling, racing, rodeos, concerts, and other cultural events about the impact the proposed FDA regulations will have on these activities. Industry efforts have reached hundreds of thousands of attendees at dozens of events:  Hats, t-shirts, bumper stickers, and other paraphenalia have been distributed at events.  Through letter-writing booths ai industry-sponsored events, hundreds of thousands pre-printed cards and some letters have been sent to the FDA docket expressing opposition to the proposed rule. • Thousands of event attendees have also expressed their opposition to the proposed FDA regulations in letters to Members of Congress. . Industry representatives and others have been active at the following Winston Cup Series races:  Bud at the Glen  GM Goodwrench Dealer 400  Goody's 500 (Bristol, TN)  Mountain Dew Southern 500 • Miller Genuine Draft 400  MBNA 500  Goody's 500 (Martinsville, VA)  Tyson Holly Farms  UAW-GM 500  AC Delco 400  Slick 50 500 • NAPA 500

One industry hit particularly hard by the proposed regulations, for example, is vending services. Under the proposed FDA tobacco regulations, the sale of cigarettes through vending machittes would be completely banned. In a recent Wall 5tceat Journal article ("If (:igatette industry• Coughs. Remote Areas Expect to Catch Cold," October 26, 1995), Mark Stomei, the owner of a vending machine company, noted who would be hurt by such a ban: "The man that fills the vending machines, the mechanic that fixes them, the ixrople who do the maintenance of the vehicies...It spreads like wildfite." He also reported that 25 percent of hi* own company's sales would bc wiped out. The National Automatic Merchandising Association (NA'rfA) notes that cigarettes and tobacco sales represent 7.1 percent of sales by automatic merchandising machine operations, and a ban on these sales would mean thoncands of lost jobs. The FDA claims that it has undertaken this regulatory assault on tobacco in order to cut youih. smoking in half in seven years. The FDA assumes that an end to cigarette distribution through vending machines will greatly assist this effort. However, NAMA's numbers point to the opposite conclusion, that the impact on youth smoking would be ncgligiblc: • Cigarette purchasing habits of individuals ages 13 and 17: Convenience stores 43% Gas stations 29'/a Cttocery stores 11°/0 Vending machines 9'/0 Drug Storrs 6?io I

-Q (J1 ~ ~, Ga

COMMENTS TO THE DOCKET AND RELATED ACTIVITIES SMOKERS' RIGHTS GROUPS Completed Comments . National and local chapters of smokers' rights groups collected anti-FDA regulation petition signatures for submission.  For example, a Louisville, KY, smokers' rights group gathered more than 6,300 signatures for a petition sent to the FDA docket. Ongoing • Local chapters continue to collect petition signatures for submission to the docket.

I

9e„7;°'rr}41.i

regulation is not a costless endeavnr. Regulations have the same impact as taxes - raising the costs of investing, risk taking, and generally "doing business." These costs transiate into less investing and entrepreneurship, lower profitability, increased chances of businesses failure (especially for smaller &rms steuggling to survive), and fewer jobs. Federal agcncics like the FDA have a responsibility to reasonably examine the costs and benefits of their regulatory initiatives. Unfortunately, FDA officials do not even seem to concern themselves with proper jurisdiction - tobacco regulation has never fallen within the FDA's regulatory dnmain .- never mind ceal cosn. Oraugejuice p[Wucefb, vitamin clinics. medical device iums. drug companies, and now tobacco-related businesses -- more and more industries suffer under the FDA's yoke. Of course, all of these costs ultimately are borne by the consumer - whet}ter through higher out-of-pocket expenses or fewer choices. Finally, the question remains: Would not the F llA be better ott using precious taxpayer dollars to improve upon the duties in which they traditionally are expected to partake? For exampie, in recent years, the FDA has failed consistently to meet their own deadlines for drug and medical device approval decisions -- costing not only U.S. businesses and;obs. but lives as well. SBSC strongly urges that the proposed FDA regulations relating to tobacco products not be implemented. The real costs -- in tetms of failed businesses, lost jobs, and wasted taxpayers dollars - far outweigh the undetectable benefits.

. Industry representatives have also encouraged affected third parties, such as race-track owners and event organizers, and their employees, to file comments to the FDA docket.  For example, the President of Dover Downs submitted comments to the docket, and requested that his more than 500 employees do likewise, with copies sent to Members of Congress.

Ongoing • Op-eds were drafted for Fann Bureaus by TI staff and are being distributed to newspapers in:  Georgia  Kentucky  North Carolina  South Carolina  Tennessee  Virginia

MEDIA RELATIONS AGRICULTURE Completed Activities • The New York Times and the Washin on Post both ran positive feature stories concerning the effects of the FDA on tobacco farmers. • Flue-Cured Tobacco Cooperative Statbilization Corporationhas talked to more than 200 media outlets on the subject. • Every leader of every agriculture group has talked to the media in their respective states concerning the FDA. For example, the Virginia Farm Bureau issued press releases denouncing Clinton's plan and also had a representative interviewed on the television talk show, "On the Record." • The Tennessee Farm Bureau Federation included a special tobacco insertion called "Tennessee's Golden Leaf' in the Tennessee Farm Bureau News circulation 500,000, educating people on the issue of FDA regulation and requesting submission of comments. Every Farm Bureau publication in the South Eastern United States has highlighted the FDA issue thereby reaching millions of people in the region. • Special tobacco insertions appeared in two fall 1995 editions of the newsletter, "Senter on the Hill," which has an ultimate reach of approximately 40,000 farmers, growers, ranchers, etc. • Singers Willie Nelson and John Mellencamp and other celebrities led the lOth annual Farm Aid Town Hall Meeting in Louisville, KY, Oct. 1995, during which FDA issues were discussed. The event was aired four times on national C-SPAN broadcasts. • The Council for Burley Tobacco hosted news conferences in conjunction with the opening of the Kentucky Burley Tobacco Market in Lexington and Shelbyville. The news conferences were centered around the proposed FDA regulations, and included giant letters that signed by farmers to be shipped to Dr. Kessler. Congressman Scotty Baesler (D-KY) was one of the speakers at the news conference. • The Council for Burley Tobacco hosted a similar conference in Gallatin, Tennessee, Congressman Bart Gordon (D-TN) spoke at the conference.

Tobacco News 'ashingion DC ................. W COMMENT PERIOD ON FDA REGULATIONS ON TOBACCO EXTENDED TO JANUARY 2, 1996 The FDA has announced that the period for submitting comments on recent proposals to bring tobacco under FDA jurisdiction has been extended to January 2, 1996. Under the proposed FDA rule, the FDA would be given broad authority to regulate the manufacture, sale, distribution, marketing, advertisement, and promotion of cigarettes and smokeless tobacco products. These regulations should be viewed as a prelude to the prohibition of tobacco. With the extended period for comment to the FDA, farmers and rural people who oppose these new regulations have time over the holidays to write the FDA and their Senators and Representatives. On the back side of this insert is a form to use to comment to the FDA. Your letters to the FDA and Congress can have a strong impact on the passage of or rejection of legislation and regulations. The FDA is required by law to invite comments from anyone and everyone who feels affected by the proposed regulation. When the FDA receives a letter, it is obligated to review it, categorize the points in it, and respond to it. Since the FDA will not share your letters with Congressman or Senator, it is important that you also send them a copy of this same letter. November 1995 ..................................... Mattie Mack. Brandenburg Ky tobacco farmer and activist with the Western Kentucky African-American Farmers Association and Federation of Southern CooperatiNes. during a recent tobacco harvest. KENTUCKY TOBACCO FARMERS ARE LETTING THE FDA KNOW WHAT THEY THINK OF INCREASED TOBACCO REGULATION The Western Kentucky African American Farmers Association is conducting a campaign in Kentucky to encourage tobacco farmers to comment on FDA reeulations. Under the leadership of Mattie Mack. sample FDA letters are being placed in mainstreet businesses and farm stores to remind tobacco farmers and rural people of the implications of FDA regulation of tobacco on rural towns. a ~ ~ cn A k v

The FDA's proposal is a Trojan horse. If he gets his way, Kessler's crusaders will regulate every aspect of the tobacco industry, and it isn't just farmers who will be hurt by this proposal. According to a 1992 Price-Waterhouse study, tobacco is nearly a$3 billion industry in Kentucky, providing jobs not only in the farming sector, but also in the warehousing, retailing, and marketing industries, to name a few. Spill-over effects caused by the spending of tobacco dollars provide additional jobs and income to people far removed from the tobacco industry. Moreover, taxes on tobacco products are a valuable revenue boost to state and local governments and help pay for a variety of public services. FDA regulation puts those jobs and our state's economic health at risk. And while the FDA is out attacking tobacco growers and others, it is ignoring its critical role: to approve lifesaving drugs and medical devices and to assure a safe food supply. Anyone who has a friend or relative waiting on approval of a new drug treatment or medical device should be concerned. Unfortunately, approval delays for potentially lifesaving drugs and medical devices are standard procedure at the FDA. In fact, former Senator Malcom Wallop (WY) blames 150,000 American heart attack deaths on FDA drug approval delays. During Congressional hearings this year, the FDA was taken to task by both Democrats and

Republicans for failing in its core mission. And yet, this inept organization wants to take on more work by regulating tobacco, maybe right in your fields. The President's goals -- to reduce youth smoking -- are to be commended. Nobody, tobacco farmers included, wants kids to smoke. But the President's proposal will do little to affect youth smoking rates. All 50 states already have laws on the books dealing with youth smoking -- some of them similar to the provisions within the Administration's proposal. During the last 20 years youth smoking has dropped dramatically, nearly 40% according to federal government reports. We don't need another set of regulations and the bureaucratic baggage that goes with them. Let's enforce the laws already on the books, and look to our families and our communities to solve the problem of youth smoking -- and get big government out of the equation. If you share my concern on this issue, please take a moment to let your U.S. Congressional Representative and your two Senators know how you feel. They are in Washington, after all, to represent your views.

2~1jAUaqtringtonPogt TUESDAY, AUGUST 15, 1995 81 Tobacco Farmers All Fired Up Clinton's Proposed Rules Have 16. Growers on Defensive By Peter Finn wa.'m~tmsiffiw~ . SOUTH BOSTON, Va., Aug. 14-The rich, sd'eet aroma of tobacco leaf hangs in the air at the Banner auction warehouse, but on the fips of the farmers who have come here to sell their crop, there is only bitterness, "Tobacco is our life. It's the only life we know," said Mildred Womack, 63, whose family ; has farmed the small, hilly fields of Southern Virginia for five generations. "If they take away tobacco, what will we do? There's nothing else. I don't think people understand that." ~Last week, after President Clinton proposed rules to curtail the sale of cigarettes to minors, tobacco farmers again felt under siege, brow- beaten by a government that they suspect would shed no tears at their destruction. The language of apocalypse-the fear of the end of a deeply southern way of life-is everywhere. "Tobacco has been here since the first suc- cessful colony in Jamestown," said Andy Ander- son, who owns the Banner warehouse in this community about 190 miles south of Washing- ton, near the North Carolina line. "Tobacco made the colony a success. We have lived off it since, and now a few knuckleheads want to do away with it. This isn t a paycheck. It's our her- itage." A farmer standing beside Anderson visibly trembled and said, "I'm sorry. I'm so angry I can hardly talk. We're not doing anything wrong." The particulars of Ctinton's proposal seem al- most incidental to these farmers. Most, but not all of them, said they think that smoking by teen- agers should be discouraged. But they suspect that the administretion's proposal is an opening gambit to regulate tobacco use among adults. Even before Clinton's proposal, the farmers were nervous about Congress's reconsideration of several federal initiatives, including a tobac- co price support program that controls the amount grown and guarantees growers a mini- mum price for their crops. "The more smoking laws you have, the more teenagers •h;ll smoke " said CJ. Bales, 42, who has 38 acres under tobacco and, like most of the farmers interviewed, seems to favor chew- ing tobacco over smoking it. "[t should be up to the parents if they don't want their kids to smoke. Don't tell me you can't smell it on their See TOBACCO, H8, CoL 3 Mildred Womack watches as a Food and Drug Administration inspector looks at her tobacco.

1L.KL4tkT1rwL" PO ~ Tobacco Growers Bemoan Clinton Smoking Proposal By MICHAEL JANOFSKY RALEIGH, N.C., Aug. 11 - "The man's off his rocker," Claude B. French said of Presi- dent Clinton, and that was one of the milder reactions today among the tobacco farmers who serve on the board of a coopera- tive representing 180,000 grow- ers in five Southern states. Tobacco farmers have long a been accustomed to attacks on smoking from health groups and Government agencies. But Mr. Clinton's proposed regulations to reduce teen-age smoking, an- nounced an Thursday, provoked an unusual level of anger as the board met here at the Flue- Cured Cooperative Stabilization Corporation offices, where visi- tors are greeted by a sign: "Thank You for Smoking." Characterizing the plans as i1- legal, hypocritical, unnecessary ., Karn Tam (or 1]e New Yor B. Frank Strickland at a meet- ing of tobacco co-op directors. and economically harmful to to- . bacco farmers, the directors vot- ed at their regular monthly meeting, 11 to 0, to join the na- tion's five largest tobacco com- panies in a lawsuit filed on Thursday that challenges the F od and Drug Administratinn's authority to regulate the sale, distribution and promotion of cigarettes. The regulations proposed by Mr. Clinton, based on the F.D.A.'s finding that nicotine is an addic- tive drug and thus subject to the agency's control, would prohibit cigarette sales to anyone under 18, eliminate the sale of ciga- rettes through vending machines and place new restrictions on cig- arette advertising. "The farmers are really down in the mouth about this," said Mr. French, who farms 800 acres in Reidsvive, N.C. "It's very dis- couraging to tat. This has been our tlveithood through genera- tions of hand-me-down farms." All the directors are farmers, representing growers in Virgin- ia, North Carolina, South Caroli- na, Georgia and Florida who produce flue-cured tobacco, cur- ing their leaves by regulating heat and humidity m closed bams. Burley, the other major tobacco type produced In the United States, by about 160,000 growers, is cured by air flowing through open barns. Flue-cured tobacco constitutes up to 60 per- cent of the tobacco used in ciga- rettes, about twice as much as burley. In 1993, the latest year for F-P I

The life of a farmer can be difficult and unpredictable. Bad weather, determined insects, and a whole host of crop diseases can make a farmer think hard about getting into another line of work. The last thing a farmer needs is more obstacles. But that is exactly what tobacco growers got when President Clinton announced that he would ask the Food & Drug Administration to regulate tobacco. It can be of little comfort to leaf growers that FDA Commissioner David Kessler -- an unelected Washington bureaucrat who has said that tobacco has no place in America -- could soon be looking over their shoulders. Not that tobacco was under-regulated before the FDA entered the picture. In fact, tobacco is already one of the most highly regulated consumer products in America. From the seedbed to the store-counter, an alphabet soup of federal departments and agencies, as well as every state, have control over tobacco. Unfortunately, that detail has been ignored by the bureaucrats at the FDA. As a resultt tobacco growers could face another level of bureaucratic interference. Will FDA agents - - whose powers are broad and include criminal law enforcement -- be trampling through tobacco fields and seizing crops? Will tobacco farmers be subject to heavy fines? Don't laugh. Early on in the Kessler era, FDA agents confiscated made-from-concentrate orange juice from a warehouse because the carton labeling included the word "fresh."

91715 4 5t

MEDIA RELATIONS ORGANIZED LABOR Completed Activities • LMC took immediate action in response to the President's announcement of the proposed FDA regulations.  BC&T President Frank Hurt issued a press release to newspapers, radio and television networks, and tobacco trades on a national scale. Coverage of President Hurt's remarks included the Washin on Post.  North Carolina State AFL-CIO President Chris Scott issued a press release to all state newspapers, wire services and the Associated Press.  Kentucky State AFL-CIO Pres'3ent Bobby Curtis issued a press release to all state newspapers, wire services and the Associated Press.  Kentucky, Georgia, Virginia and North Carolina tobacco local presidents issued press releases in their respective states, followed by print and broadcast interviews. • A second BC&T national press release was distributed; coverage included Kansas Citv Star. • September issue of BC&T News ran an article titled, "FDA attempts to Regulate tobacco could cost jobs."

Here's how to address your FDA correspondence: Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food & Drug Administratlon 12420 Parklawn Drive, RockvUle, MD 20857 Here's how to address your Congressman and Senators The Honorabie The Honorable US House ot Representatives US Senate Washington, DC 20515 Washington, oC 20510 POfNTS TO MAKE " FDA has no jurisdiction over tobacco. For more than 80 years Congress has said regtiladrtg cigarettes is its job. On February 25,1994, FDA Commissioner Kessier wrate, 'We recognize thatthe regulation of cigarettes raises societal issues of great compfexity and magnitude. tt Is vital In this context that Congress provide dear direction to the Agency.' YJhat has changed sirtce that statement? Nothfngi " Tobacco is already highly regulated. At least a dozen federal agencies and every state have tobacco eontrots. Government should enforce what's already on the booksl * The FDA can't handle Its current workload, The FDA is already dragging its feet In approving life•saving drugs and medical devices. For example, former US Senator Wallop (WY) blames 150,000 heart attack deaths on FDA drug delays. The FDA also has a role in keeping our food supply safe. Does the FDA have time to waste on tobacco; an industry that is already highly regulated? " FDA proposals won't reduce youth smoking, Long-term U.S. government data show overall youth smoking rates dedining dramatically, by neariy 40% since 1975. Meanwhile iAegal drug use by kids ts soaring. Intemational studies show (and even former Surgeon General Koop and other anti-tobacco crusaders agree) that kids smoke mainly because of peer pressure, or if their parents or siblings smoke. Advertising is not the reason kids take up smoking. " Kessler claims to be worried about ryouth access• to tobacco. His proposal would do everything but address that issue -+t doesn't offer a mechanism to strengthen enforcement of existing minimum age laws or otherwise address the real issue. The FDA rule would toss the First Amendment on its ear. Advertising is a form of speeoh, and free speech is protected under our Constitution. Kessler would trample that historic document. This is America, not China or North Korea. The NatlWqi! Tobacoo Council SapiambGr 1995

d SShSTLT6

R FOR IMMEDiATE RELE4SE CONTACfi AUt3UST 10, 1995 SCOTTTAEtBlTL JAY BCSHARA (703)276-2772 STATEMENT OF 9C&T tNTE;aRNAT1ONAL PRESIDENT FRANK HURT ON PRESIDENT CLINTON'S PLAN TO REGULATE TOBACCO Thousands of American jobs would be eliminated by President Ctinton's expensive new plan to regulate tobacco. This attack on the tobacxo industry is an attack on the iivelihood of tens of thousands of Americcs3n families and their communities. Is it the federal Qovemment's business to threaten American jobs and wreak aconomic havoc for so many Americans? The Bakery, Confectionery and Tobacco Workers Intemational Union represents nearly 15,000 men and women working in the tobacco industry. Together with 4,000 mac.'tinists who work alongside our members in tobacco plants, these workers are employed in an industry that is integral to the economy of the southeast United States. If enacted, the Food and Drug Adminlstraticn's plan would have a serious negative impact on the whole regional economy. According to its own estimates, FDA regulation of tobacco will eliminate 10,000 jobs and cost the states billions in tax revenues. Government should encourage employment, not destroy it. BC&T agrees that teen smoking must be addressed, and we atand ready with the Industry to talk with the President about effective measures to curb adolescent tobacco use. But regulating away thousands of American jobs is not the way to do It. .~ • W -

Growers of Tobacco 8emoan Proposals CoMlaued Fmrn Puge I .hk1r u.llrller are avaneWq sn n(111bn Amerlcsm, abnuut a fifth o(IMpapululm,amokede86bIL Ikn clgaretlea, gmorating iW m/tnY(actur- bgllPl ler cigarette s/s and $14 blllbn In Feder.l, at.lc end local le.<a. Leaf wles generued alwut $3 billion tar Iarmers- shout {3,)92 an acre, according to me AgrlculNre f%- panmenr, compucd wlN.Pal for colten, 7h1g for soybaana and IM1e power to regulate commerce Is•- (1]gforwlrtu. Many of the directors here argued Ihal Mr. Cllnlon's proposslr we lusl annmer ellimpte d govemment Intruslun Into peoples Ilves - Ilnd an Illcgal one et Ihal„ Inermuch u glven by the Conslllullon 1. Con-. gmu. Thu RII.A.'s panltlon I. that nicnlhm, a chemical mnt oeana-nat- rally In IuM1UCCO, falls within e wide group of addicuvc substCnces Ihol 0e F'nod, Drug and cosmetlc Act already g{ve5 me agenq he ]ulhor- Ily m uontrol. Stmssing Iheir beliel that most misaccY gruwers uppose ree0-age imoing, eome board membera eald sule laws ahcndy barring the sele 01 cigereuer lo minora made Mr. Cllnlon's plan redundanl. HeyurW Ihal. mey bulsted thln Na Government should plsy no role In • Inen-sger'a declding wheNef m amake. Andrew Q. Shepherd. a Isrm- er /rnm BlacNslone, Ve., eald Eny reen-aeer who wanted to smoke auld . nnkc, regulmlons nOtwlthalending. Hla 16yenruld snn zmokee flllcr. IIppM Camelr, he aaM. "We arc all against smoking by ' teeo-ugen;' said Mr. Shepherd, • rmoker who described himself sr "an eighth a nlnlb generatlan" lo- hacen furmer whh no other source af Ncmne. "Churches dlaeournge klds lrom amUkNg. Schooln dlecourlge them. Will, n11 tbM r munlty Im rolvement, if perent; pcerr end unlty Instllullona c not con- vlnrt kids nnl to Smoke, ynuYE not going N solve anything with unnec- essary Imruslon Imo privale Ilves:" As lor his snn 1(e sald, "I would I preler Ihnl he nul smokc" Alborl M. Johnson nf (aallvnnls Ferry, S.C., sald rhnl preaching the dls ol xmuklnR In teen-agers, let alone regulating tGen,, was no less daunting mml olhcr chsllengce por cnlatypfcslly facc. "To Icenagers, n nono Is a temp . ...Lrn:rv..vm On th<receptloniat'e desk at a tohnao m-op 4k 1<aleigh, `l C., a variarion on a common sign grceta visitur.. 'The farmers,' one of them says, 'are really down in the mouth about this.' tatlonj' Mr. Jolmson akld. "Smuking la somelhing parents have to discuss with Ihelr kids, like speeding, wcar- Ing eeal hells and usingdmga. But a should come from porenls, nol tbe Guvernment." James CPme of Rowland. N.C., added: "iTe American public dcesn'I like lo be told what II'e got to de. A lot of peoplc tcll me they smoke only because penple leB tllem mcy can I." Snme dlrecmre suld they viewed Mr. Chmmn's proposalx ss psrl ol a largcr cumpelgn to incroase Gov- cmmenl rCSG u i lans un the lohncrn Industry, nnd severm crlBclred Ibe Adminlstrntinn /ur cmphasleing to teCn-ngerf Ihe adverne eHee16 nf snmking mlher than nl alcoryol snd drogs. ^l nhacco hns been in this country 200 yrars, hul thcy'vC never talked nlnul II uunl nuw," sold B. Frnnk Stricklnnd ul l.nkelnnd, Ga. "I don'1 know why. But I do knnw lolwmo doe: nnl do wbnr alcohol oed dule do to Inmple. Yer Ihey fnmpon tohncco. Why dnn'I they lump on the dnpc crnwdT" Ilumd members also said Mr. Clin s p1a1 mld dafnnge him polltlcnlly, nlmn I certninly cnsling Lim any c4nnce to win North Csrny- nn in nenl yenr's "rczldenllnl elee- llnn. Among Inbarl.) grnwing slnles, Mr. CLmon cnn'ied only Kenzucky Ind Tennessee In 1992,Insing North Cnrolhla In Presldenl Gcnrgc Bush by 20.000 vnlcs. "As poor ea hls rnUng Is In the South, he couldn't noup na lower;' eald Kennelh Dnsher, ol Llve Oak, Fb. ^MayLe he Bgured he hadno0- Ing m Inse and mis would take the beat ofl some of his other problems - you know, spreading the misory." Mr. Johnson, the dlrector who rep- resenls all ol South Carollna, a state Mc Cllntnn lost by almost 100,000 voles In 1091; sald he was "amared and devastated" by the Prerident'a proposals lor rhe ecouom/c Inse they would pose to tobacco farmen. "BUt I gucas 11 n ver ccuses to amaze me what the CBllmn Admin W Ifallon dnes, trying lo regWele." he seld. "You hear a lut a( talk nboul a' lio-perty system; If Cllnton kecpa on Roing, Is's gning lo bc n one-parly syslem. He has zaally destrnywl the HemoCrnlic Porly In our eree:' AsFed he i If s e pel ocret n Mr. Johnson sl Led dee ~ g I vr I "I WanlCd to hc," he Snhl. bfitiSlL 16

THE WA9NINGTON PosT B6 TcFSaey, AUGUST 15, 1995 .".  Tobacco Farmers Light Into Clinton's Proposal 'ro&+cc0ltnn st ~ rath c{oth 9utthat's b tb i r otaa e r es . not what (government officialsj L want They watt to mess with our 5.~ uveurtoods- wt¢ it tooacco goes, these IitYetowns ace going to dry up and die." Tobacco generates $31 million umually in farm sales inn surrounding Haliiax County, and the local V'¢gin- ia Coopetative Extesion agent esti- mated that that money tutts over four to siz times in the Ioal econo- my. All other aops in the county generate sales of only $5 miilioo- In Virginia. nearly $200 million worth of tobacco is grown annually. "Tobacco is by far the biggest thing down here," said Larry L- McPeters, the exten.von agent. Sue Wtlkins, 37, sees those eco- nomics at work in her restaurant, Olivei s, in South Boston. 'i "When it's selling time, like it is : now, there's money around; she said. "People come into the restau- rant, they buy clothes, they have a little extra. And then when the sell- ing is done, it's over, it's dead." To stay afloat, `atmers said, they have to stay in tobarm, because h's the only aop that turns a good pro8t. 'It's the prettiest I have ever pullej. long as my walking cane ; said Vernon Hill, 71, as he surveyed his sacks of yellow leaves in the Indepen- dence warehouse yesterday morning. 'We sold it for top money.' Because of tobacco's potential for profit, and the large investments farmers have made ia tobacco farm- ing equipment such as curing barns, most farmers here can't imagine sw~tching to anottter aop. 'here's nothin' in any other aop." said W.H- Spell, who farms 36 acres of tobacco and whcse family has been . B1 CeL, K/,u(.E=/.a'v x,y.y,p,• y.y; Buyen in South tioston, Ya., move through tobacco plles at the Banner warehouse, where some farmers bring their crop. them all. You can make a tew doLars on tobacco. You can 'na'v^xay uve on it." Whether others die from it :s an ts- sue the farmers evade. 'It's up to every adult to dende; said .lrtie Clark, 85, who farmed urttil he retired 10 years ago and now is floor manager at the Banner ware- house. "And you got to smoke nght. You c;n't have a ngarette m your hand all the t¢ne. My daddy smoked, and he lived to be over .00.:1nd his daddy smoked, and he was over 100 standing in the seven-acre Banner warehouse said they believe _~at to- bacco will endure because it s too en- trenched in the culture to die. "Tobacco has alxays been c^ntro- versiaJ," satd Bob Cage, 72. a tobacco farmer and auctioneer. "It was a capt- tz1 offense to use it in the a.me of King James It will always be contro- versia]. But'n's a fool's dream to think geople are going to stop smokmg. :t makes you feel good..9nd ii s too big. There's too much money at stake. Tobacco will goon.' .As the farmers left the swelte~iang warehouses to return to t.he tie!ds, many satd they wished that those wbo seem to be condemning them roaid wcik their land. feel the ,ucky wa.e of the tobacco leaves on theu h:uids and endure the blis.ering !un on their backs. "I sure wouid lo-:e che presidect to follow us for a dv or a'.rr'k m_~v what we go througe !o -cze the tuSao co." Plomac< sa;d. =ne .-e:d ier hus- band and son rise =t 4 a.m. each sum- mer 'lzy and work ~,:ntd t 1 p.m.- all to get $800 pront on each b0t1 pounds of tobacco tstey puL' irom tne land.' "If the oresidem ~or.^.t a dav in `e fields; she satd. ne wouidtl : be so hard on us- FOR MORE INFORMATION -. _Q TO read Q.W1 ~<Si of Pr,•,-.,:i ttr . Clinton r rFCertt n[TiS(OwVrrnc'2 on rhe iave. ree Digva! fnk. The Pa.rt s ' ondme termee. ! o:c~•rn u.%~n! Lh1.~rrz hctr. call b3IX}SIl}5104. rz:. :8%UU. i in the business since the 16f]0s. `.,oel1 w•hen he went. rM1nd my great-grar.d- said the land here, unlike in c'Ser daddy was 105. and he smoked, parts of the United States. is nt.. suit- ciewed and made his own liquor." able for significant grain farming. Clark quit smoking some years ago ' bkdb 'You cant get your moneyac on an now chews toacco. com or wheat or soybeans. I've tried The more optimistic among those

KENTUCKY STATE AFL-CIO 340-1 OEMOCRAT DR. FRANKFORT, KY 40801 5C2-69b-6172/1-e00-A Ft_-CtO-K FAX:502-84&817e FOR IMMEDIATE FIELEASE CONTACT: AUGUST 10, 1995 ROBERTT. CURTIS (502)695-6172 STATEMENT OF KENTUCKY STATE AFL-CIO PRESIDENT ROBERT T. CURTIS ON PRESIDENT CLINTON'S PLAN TO REGULATE TOBACCO The Presidents end run around Congress by using the Food & Drug Administration to regulate tobacco is an attack on the livelihood of tens of thousands of men and women in the state of Kentucky. The FDA does not now and has never had the authority to regulate this legal product, nor should it. The tobacco industry is an extremely important part of the economy of this state. Tobacco workers earn a decent living and can provide for their families in the best tradition of the American middle class. Their work generates a significant economic contribution to their communities and their states. FDA regulation of tobacco Would result in the loss of many of these jobs and would cripple the tax base of many of our cities and towns. We agree that teen smoking must be addressed, and we stand ready with the industry to talk with the President about effective measures to curb adolescent tobacco use. But regulating away tens of thousands of American jobs is not the way to do it. Furthermore, the tobacco companies already have in place extensive advertising and educational programs, and are taking new steps to curb adolescent tobacco use. If enacted, the Food and Drug Administration's plan would have a serious negative economic impact. According to its own estimates, FDA regulation of tobacco will eliminate 10,000 jobs and cost the states billions in tax revenues. Government should encourage employment, not destroy it. -30-

E POAIDMV]$DIATB RHLHAS& CcNrAc1: AUGUST II, 1995 Jim Masterson (502)778-3376 UIYIE3DF~G8LY ~~~~S~~~A~D~~N TO REGULATE TOBACCO PRODUCTS -- Says Industry Workers. Are Forgotten In expressing deep disappointment with President Clinton's decision to allow Food and Drug Administration regnlation of tobacco products, Wayne Purvis, President of the Bakery, Confectionery and Tobacco Workers International Union Local 16-T, stated today, "We beIieve that the President's decision to have FDA regulate tobacco products is totally inappropriate. It wi11 cost hundreds of high•paying local jobs•and have a devastating impact on the local economy _" The union, represents worlceas at the Philip:'Morris ci'gatatte"mant+facfttring facility in Louisville. Purvis went on to say, "The members of our union are particularly outraged that in this whole debate, rarely is a word ever mentioned in Washington about the jobs of the men and women who work in the industry. Our members earn high wages and benefits. These jobs are a crucial pan of the local economy. "We recognize concerns over the use of tobacco products by minors. However, the companies already have in place extensive advertising and educational programs, and are currently . anderta3dng signifliciat new additional steps to guard against minors having access to these products. 'The steps outlined by the President go well beyond curbing teenage smoking. They go right at the economic viability of the industry, and in turn, om jobs. We believe the President has made a terrible mistake in putting the future of the industry and our Iivelihood in the hands of the FDA and people like Dr. Sessler." -30-

awww.. aom ANUMN J.......... 9w..f*rmura.. NORTH CAROLINA STATE A.F.L.-C.I.O. PM afnoe eox tosos wt.q,, N«a, Carair. r7eas Phoe.t9111183341678 FOR IMMEb1AT REi.EASi= CONTACT: AUGUST 10, 1995 CHRISTOPHER SCOTT (919)833-6678 8TATEfsENT OF NORTH CAROUNA STATE AFL-CIO PRESIDENT CHRISTOPHER SCOTT ON PRESIDENT - CLINTON'S PLAN TO REGULATE TOBACCO The President's end run around Congress by using the Food & Drug Adrninistration to regulate tobacco would have a very adverse etfeot on $te livelihood of tens of thousands of working men and women In the stat8;of North Carolina The FDA does not now and has never had the authority to regulate this legal product, nor should it. The toba= industry is an extremely important part of the economy of this state. Tobacco workers earn a decent living and can provide for their families In the best tradition of the American middle dass. Their work generates a significant economic contribution to their communities and their states. FDA regulation of tobacco would result in the loss of many of these jobs and would cripple the tax base of many of our cities and towns. We agree that teen smoking must be stopped, and we stand ready with the industry to talk with the President about effective measures;to curb adolescent tobacco use. But regulating away tens of thousandsi of American jobs is not the way to do it If enacted, the Food and Drug Administration's plan would have a serious negative economic Impact According to its own estimates, FDA regutation of tobacco will eliminate 10,000 jobs and cost the states btUlons in tax revenues. Government should encourage employment, rtot destnry it .30.

~ ~ ~ µ Ln a m >

Tobacco;lobc/Paae This is particularly true for employees in Louisville where according to Wayne Purvis, the average workers' age at Philip Morris Is over 40. "What kind of jobs wili these people be etigible and properly trained forT he asked. "With the loss of tax revenue and the added strain on unemployment and other sustenance, job threats will be taken very seriously in communities throughout the region.' A letter from Sheet Metal Workers President Arthur Moore warned the President that his tobacco plan presents a"Catoh 22' for workers and the President's own reelection efforts. With the Administration now being perceived as 'anti-tobacca,' union leaders feel Republicans can successfully exploit this Issue in tobacco growing states such as Georgia, North and South Carolina, Kentucky and Tennessee. Labor contends Clinton's plan is a political time bomb and will isolate otherwise Democratic voters who rely on the President for preserving workplace health and safety, labor law reform and other wcrker ;,rotections under attack by the Republican Congress. Moore explained, 'We ara concerned that FDA attempts to regulate the tobacco Industry will have a significant negative impact throughout the South and in border states such as Maryland and Missouri, where tobacco is grown in distinct regions of those states." Moore, whose union has been working to gain broader support for Clinton's reelection said, "Working families cannot afford to lose any Southern Democratic seats and in order to prevent this,.the Administration cannot continue to pursue anti-tobacco policies.' With most at stake is North Carolina, where according to the North Carollna AFL-CIO, over 10,000 Jobs could be lost. President of the North Carolina AFL-CIO Christopher Scott told President Clinton, "Government should encourage employment, not destroy it. FDA regulations would result in the loss of thousands of Jobs dependent on tobacco and the revenue it produces crippling the tax base of North Carolina cities and towns.' Scott added that not all jobs are the excellent production jobs paying high wages. "Work such as leaf processing employs mainly women and minorities as seasonal workers paying Just enough to keep them off of welfare and other government assistance. The work is in rural communities that offer no other suitable employment opportunities. Eiiminating these Jobs' Scott said, 'Would create a whole new set of problems for North Carolina and the federal govemment' .~ -30- ~ ~ a m ~

91 7154 62 6 ~ M O . {{ A R!L Gx o ~;,3yy 8 ~ `c Ve ~ ¢ ~~~~.~~~~ °z~I °' ,x ~ < t ° n...a ~~~x~~~~~ ~ -p- ~~JAC J

t3C&T News 5eptember, 1995 FDA attempts to regulate tobacco could cost jobs he BC&T believes that teen smoking must be ad- dressed, and we stand ready with the Industry to talk with the President about effective mea- sures to curb adolescent tobacco use. But, regulating away thou- sands of American jobs is not the way to do It." said BC&T fnterna- tlonal President Frank f(urt. The BC&T represents some 15,000 tobacco workers in the U.S. Hurt's comments came in response to President Clinton's declaration that nicotine is a drug that can be regulated by the Food and Drug Administration (FDA) and his announcement that he will ask that [he agency draft a federal rule aimed at curtailing smoking by minors. "My particular concern is the jobs of my members." said Hurt. "What is especially disturbittg is that this is the first step on the road to eliminating an enormously profitable domestic Industry which generates billions of dollars of taxes and revenue into the economy. No matter what hap- pens, you can be sure that kids will continue to get cigarettes. The difference Is that cigarettes will q ._~3+. n __- not be produced In this cmmtry" The BC&Tlearned earlier in the summer that FDA Chairman Kessler was planning to circum- vent the Congressional and regulatory pro- cesses by declaring nicotine an addic- tive drug. He The lawsuit is now before a federal magistrate hr Greensboro, N.C. They charge that regulation would hurt their ability to com- pete and wouid violate their freedom of speech. They are challenging the FDA's ability to assert jurisdiction LEGISLATION planned on issuing sweeping regulations inten-ded to curtail smoking among teens-and ultimately a total ban on the sale oftobacco productsin the U.S. Letter sent to the President President Hurt immediately wrote to President Clinton, urging him "to reject any efforts by the FDA to change current regulatory policy towards tobacco," citing the companies extensive voltmtary advertising and educational programs, as well as their recent additional steps to guard against minors' having access to these products." Hurt also wrote to principal of- ficers of all cigarette locals, urging thenrto contactthe President. As soon as the President made his August announcement, the nation's largest tobacco compa- nies sued to block the FDA from proceeding with their regtdations. over cigarettes under a Federal law that gives the agency power to regulate medicines, medical devices and pharmacetttical products. Immediately following the 1'resident's announcement, Senator Wendell Ford (D-Ky.) took to the Senate floor to de- nounce the move. "My farmers lost out to the zealots. The Admin- istration has chosen litigation over compromise, delay over action. The President has chosen a press conference instead of a negotiat- Ing conference; he has chosen a process that reaches his goals later rather.han sooner." He said that he would introduce a bill when the Senate came back into session in September that wouid accomplish Clinton's goals, in cooperation with the industry. Representative Thomas I. Bliley, Jr. (RVa.), who chairs the I louse Comtnerce Committee, which has )urisdiction over the FDA, said the question of the agency's authority was one for the courts, not Congress. He predicted that the President's move would ultimately be reversed. Officers of all BC&T cigarette Iucals-Locat 16-T (I.ouisviBe, Ky.) Secretary-Treasurer lim Masterson, Local 203-T (Rich- mond, Va.). Presldettt Jerry Sprouse, Local 229-T (Concord, N-C.) President Mack McCiory, Local 362-T (Macon, Ga.) Secre- tary-Treasurer Michael Gardner- Issued news releases in response to the announcement. Each expressed "deep disappointment," calling the decision "totally inappropriate" and costing "hun- dreds of high-paying local jobs and have a devastating impact on the local economy." BC&T Industry Vice President Bobby Curtis, who also serves as president of the Kentucky AFL- CIO, as well as North Carolina AFL-CIO President Chris Scott Issued news releases. In them, each was critical of the President's action, noting that, "FDA regula- tion of tobacco would result in the loss of many jobs and would cripple the tax base of many of our clties and our towns." c9trciLi6

NIMREI Mk% E ~ ~ ~ LO cm 0 N FOR IMMEDIATE RELEASE CONTACT: August 16, 1995 Steven Hahn or ~ Joelle Martini at Z (703) 276-2772 0 .- z ~ W Y ~ ¢ 5 U U w Z b U a e 0 ~ z ~ z a a z S w n Y 0 3 ~ ~ ~- ~ yZ Q ~ 0 U > i 4 m UNION LEADERS CRITICIZE CLINTON'S ANTI-SMOKING PLAN WASHINGTON - President Clinton's announced plan to curb smoking could cost thousands of U.S. jobs disproportionately affecting Southern states, women and minorities union leaders contend. Letters from labor leaders from Virginia to Georgia have been flooding the White House criticizing the Administration's plan and warning of possible political fallout in states where the President ran strongly in 1992. 'Jobs in the tobacco industry, the highest paying unskiiled jobs in the world, pay up to $22 an hour plus benefits," said Wayne Purvis, President of Bakery, Tobacco and Confectionery Workers Local 16-T, which represents 1,400 workers at Philip Morris in Louisville, KY. 'At a time when union members have have watched jobs disappear to Mebco and other low wage wage countries, additional threats to their employment have workers up-in-arms: he said. Tobacco workers see the President's plan as doing more than stopping kids from smoking and believe it is just the first step in completely banning cigarettes. Workers say the cumulative effect of a smoking ban would level regional economies. "Start with the farmer and stop with the retail clerks," Purvis told the Louisville Courier Joumal. 'Truck drivers, people who work in paper mills, vending machine people, the list goes on and on." President of the Bakery Confectionery and Tobacco Workers Frank Hurt said jobs are most often Ignored In the debate in Washington. 'Before we knock out a viable industry in the U.S., we must all realize there are human faces with severe human consequences,' he cautioned. Faye Waters, Georgia President of the A. Philip Randolph Institute, an organization comprised of African-American trade unionists, Is particularly concerned with the plan because of the high number of women and minorities employed In the industry. "As Congress eliminates funding for job retraining, reverses affirmative action and erodes important gains for minorities, future employment opportunities for displaced tobacco workers may be hard to find." - more - m 0

MEDIA RELATIONS ADVERTISING Completed Activities • The Freedom to Advertise Coalition (FAC) and its members issued press releases opposing the proposed FDA action. • Members of FAC also participated in several print and broadcast interviews on the issue of FDA. I

Mr. Haroid A. Shoup Page Two This case dearly seta the terms for government interference. Oaes the government have a legitimate interest in the issue? Would the remedies suggested advance the government's interest? Are the remedies careful[y tailored to advance those interests? We agree that the government has an interest. However, there is no evidence that advertksing restrictiens will have any deterrent effect. In fact, they may work in exactiy the opposite directiort. This has been the case in other countries where ad bans and restrictions have notably failed to change behavior. In several countries where all adventising is banned, smoking is widespread and has actually increased. In addition, the Pederal Trade Commission has stated that there is no avidence chat the decision to smoke is linked to advertisina. Finally, In me Central Hudsort test, we believe that tne remedies proposed by the President are nat narrowly tailored. The President's plan does no*. take into account the rights of adu1Lq. Any number af other remedies could be used without violating the rights ar 50 rmlfion adult smokers to receive truthful information about a legal product that have decided to use. Over the years, many propoeals to restrict tobacco advertising have come before the Congress. They have been rejected. rhe President's plan seems to be completely counter to public demand for smaller, less intrusive governrnert.

J~ Amencan Asse:Jatlon otAdvernsrng Agencies :nc..18?4 L Street. N`N.. &ashingtcr. CC 20036 •(202) 331-7345 Wasn.ng;on Offica STATEMENT BY HAROLD A. SHOUP EXECUTIVE VICE PRESIDENT AMERICAN ASSOCIATION OF ADVERTISING AGENCIES August 10, 1995 We in the advertising industry have grave concerns aoaut the actions invoiving tobacco advertising announced today by President Clinton. We are not fighting a battle over the issue of whether peopie should purchase tobacco. That is a personal decision. We are concemed about the rights of marketers to advertise legal oroducts and the precedent this would set for other "aolltically incorrect" but le;°f products. 'A'e believe that jurisdiction over the advertising of tobacco products must remain with the Federal Trade Commission (FTC), The FTC has statutory authority over all advertsing. It has the expertise and the capac ty to regulate advertising and, mast of all, has an o"eetive perspective. The FTC shares responsibility with FDA for the regulation of other products and that has proved to be a very successfui and efficient partnership. Also, the FTC and the FDA effectively shere the responeibiGty for regulation other products with the atlvertrsing responsibility being retained by the FTC. There is, however, an even more fundamental Issue at stake: in its effort to modify and change the behavior of individuala, the government has elected to suppress speech. We believe ond the courts have upheld the tenet that government does not have this right. 'he rt,ost important precedent for this is tha Central Hudson case decided by the U. S. Supreme Court. -ieeOpUarters 666 Th r1 AvelueNew Ycrk, N Y. 1C017. ~212) fi82-2°_OC

Mr. Harold A. Shoup Page Three We do, hawever, propose a simple solution: First, government sho increase its effort to educate the public -undoubtedly there are advertising agencies available to work on such a campaign. Second, government hs outd intensify rts efforts to Qnforce existing laws that prohibit sale of cigarettes and smokeless tobacco products to minors. 3ut f3nel[y, government should abandon its initiative to restrict by law or regulation the truthful advertising of this legel product. The AMERICAN ASSOCIArION OF ADVERTISING AGENCIES is the nationai trade association at the advertising agency business. AAAA's membership is comprised of aver 600 edvertising agencies doing business in 1,700 offices throughout tne United States. AAAA members create and place almost 75% of all netional advertising and substantlai emounts of local and regional advan:ising.

FREEDOM TO ADVERTISE COALTTION 0 PRESS RELEASE August 10, 1995 washingooa, D.C. For immediate reltase ADVERTTSING IMIUSTHY CHALLENGES FDA'S PROPOSED TOBACCO ADYERTISD'tG RESTRICTIONS AS VIOLATION OF THE FIRST AMENDMENT AND USURPATION OF COPFGBESSIONAL ALTHORITY Today advartiaittg and pubiisHiae ttttda associations composing the Freedom to Advertise Coalition filed sttit against the Uttited Stases eooZ and Drug Adminiaration ("FDA") in federal district cotut for the Middle District of Notth Carolina strongly denotmcing the FDA's proposed restrictions on tobacco advertisements as a zivrnal assault on the Constittuion. "The sweeping regulations proposed by FDA demonstrate that agency's complete disregard for the First Anumdment," said John Fithian. counsel to the Coalition. Mr. Fithian went on to note that ':rogatdless of how one feels about tobacco, such blatant disregard for our Constitution by the federal govemmetn is alarming." The tntrictions proposed by the agency ignore the signif cant protection for commercial speech afforded by the First Amendment and consistently reaffirmed by the United States Supreme Cotttt FDA's proposed resttictiom irtdude imposing a draconian tombstone format on virtually all tobacco advertisements, a ban on most tobacco advertisements within 1,000 feet of schools, and a ban on tnost promntional activities for tobaeco products. If imposed, these restrictions would constitute a near ban on tobecco advettising and a clear violation of the First Amendment. Tombstone format requitoments for advertisemenU, which limit advertisements to black and white text and prohibit the use of coloa or pictutes, create a virtual ban on tobacco advetiisemeras. For example. when tambstotte adve:tising was required in Canada, all outdoor advertidttg of tobstxn immediately t:raaal Sitttilaly, a ban on tobacco advertisements within 1,000 feet ofstdmoia would create an uttcannitttttoiml dsr fu= ban on tobaeco advertisements in many rmjor aties actoss the cotttttry. FDA's proposed regufations aiso etate that ifyouth smoking is not reduced to 50% of its I993 level, additional measures will be taken. This provision purports to ensure that the proposed restrictions reduce youth stnoking. Basod on the experiences of other countries which have imposed similar reatrictions, however, these draatic ttteasures arc likely to be ineffective ir. reducing youth tobacco use. Instead, these meastues, which are significantly broader than necessary to address youth smokittg, will violate the First Amcndment rights of advertisers to engage in commerciai speech and the rights of adults to receive information about a legal product. FDA's actions are particularly unwelcome in an era in which many have sought to reduce government ittunsion into the lives of American adults.

ANA ASSOCTATION OR NATIONAL ADVERTISERS,INC. 7tA )ITH s7RESr. N.w. wASHrNBY'tJN. D.c. 20001 - (M2) 678-7A00 RAXM a02) 626•b)61 MBMEB)t. WORLD FIIDBRA7TON OF AllVER7)SH)tS , For Immediatc R4case News Release Contact Danid U ,1 alYc (202) i,z¢~at>fl ~~ A.N.A. Calls Administration Tobacco Proposal ; Blatantly Unconstitutional Censorship WASHINGTON, )~.C. August 10. 1995 -- 'i7te A;sociation of National Advcruscrs, Inc. (A.N.A.) today voiced strong oppo~twtt to the Clinton Adminisarauon's plan i'or tmposing a crushing ccnsurship regime on tobacco sdvettlaing: '°I'ltis proposal is u4preceiemod. The Clinton Adminisuauon is going much farther down dte censorship path than at mty ti m ntuhistory;' caid A.N.A. Executive Vice President Daniel L. Jaffe. 'Il)oso proposals a virtual defacto ban on to bacco advetlising." A.N.A,'s memhers8ilr ia a eross-coction of Amencan industry eonsisting of manuf actnrets, rctailers, service providers, and finaiCial insdtutions. Represcnting more than 5.300 saparate advertis+eg antities, these member camp"market tlteir products to consumers and to other companies. L A.N.A, supports ef to stop youth smoking, but these proposals go far beyond this goal. The Supremc Court has ruled in an effort to protect youtht regulators cannot lower discourse in soctety "to the level of the sandboa." ' Among the uneontdtutionalviolationa of Pirst Amendment rights contained in the Administration proposal: • 7he sweeping nptureoP the proposed restncttons violates First Amendment protections against govemmentctups on speeclt which ue "mtue extensive than nme.+eary" to Achieve ilte gavcrnment's aim; • 11te Supreme durt has ruled that the use of lrictures and other illustrulons in advertising are fully protectcd by tltq First Amendment, andi • Blanket resuictipns on the use of colors are equally unconstitutional. "The govemmeat h}a every right under the law to seek to restrict or ban wry advertising which targets iilegal audiencn, sttch as theundr:aged;' Mr. 7affe said. "If anyone has allegauons of advenising which targeta the undengdd, tlmy should bring those charges to the Federal Trade Commisston, which is fu11y empowered to pat 4tolr to illegal targeung: ' "^his debate will bd eontimxd in dto courts." Mr. Jaffe said. "We live in a nation of laws, not edicts, and advertisors wi11 cut{+ thia fight 211 the way to the U,S. Supreme Court if nocessary. We expect to prevail due to the gross violatictis of the First Amendment right to advcrusc truthfully a xl nundcar,uvcly ahuut ]cgai producu." IL

91715474

~-~ c s-wr ~~rritn^{. linton's move may cost him support oF~Pat`ton; Baesler AL CROSS WuhinLloa, uid ^1 think w: ll bs '•Ihe key puint ol Ihis kLizlsdan• derermined to L9ne it t° htn~"owryr dn` Xeotutldans, wbo tkJ Wriler • stl dLbt A lot of peopls don't 7Jte -ead probably the most tnntenllous ; Ford added, ^I aro notanly dis~~- si't uysel Ut Clintoa sAwld vote (FUA admidttntor Dsvid) Aesder. pdnl, u tnirt< to be the bsue oi ad- pointed. I am hod• MY Rnt Ib~uL1[ lot hlm. "1 Mll do eveiythlnL in my w° , top Kcntucky. Denousss Wrsisokdy Pepubll- who.venhloy-: Rsista. ~d, NdicitioL• wis lu b"- cttve -usiC~ry powsr.lo defeal Bill-tl)nton,next /)tatpdcythal tbey wrould both• pou.n ol thif l~wti„®idn s otone' neans t ha vallable to toe. atul l yeir." he iifd~ - - ,... L 'bfnts !^I..; f te Presldeat,tllnton if Ix kti tL.: o~ n~havez' to: Lel.'EafiiILS ,~ Tobacof,ldq' wi ij. dea_dy up- te ahd DnaL_}ldmtsuilritlon nk.,teW tm e, n HutIt4'va: dc4 ¢et beiaipa ihfy bie•Ihr FUA Ms CI ' te labacc°U bal Wejtwoul_d.w_ ' IL . ?J$Si rpoirts:r:R an xttituOa,tD.Lfuuld-k~dmuoed °at! adu{diirient,'.n0 dh,'.Iniat~ hIq~p ;; H' tds qfClhk Isite s i o kag„ik, o.'tbs..M~. °~tCPtkt •.bl,'11°i! rop! 1 and-~th Ib'~'~a .~lY • ,t, y m~ii ° °1 N=sown 6r.lfeatuNry: Tg ,n thLtf]int~'e uirou~i ced yerii•r•. ilS asurd i' erdiY tha iaXbrirra+fut ro. e heihh, pr. s'tfuprfsiQtn~ } P~ LoLlnso tQed;•II:IGoveiheFDKsemufd pblttt, •inpther"":arnw~ Lo~inLeq n.ermoMin~ baeulqrli~to~havd.f°t weely- ~ Eaace. e unlanl.Qitif,~l,fi,ssid al Pstlon and 61h Dldritt tLS• -'ay.n~y Lql epfn~jempnt powen. -j . flon the b.,ttbaft ~ield ... and put. fy Paifon~ }~~ Mi9 t.ll ~ntqn (K'swvji}td_tNS C' lon s ptoyaceY MIIopp4A• setW.q~ory~j {~uL)o Ao mofk p• R.nki.ialA they:dn'N.'1'Po'rd saiQS:LttJnlf:lM •Whit. •upsht' yeilgn.al the sams fieldt~"; dh"eNl(i;th'!9 !pul0a't pponton tor re-elalion;..G fio>ss r,rW agee,tGaClCihould-nd ^ Pacik{`r,i~ked. .~' ~ :[t,ysi.titm " Ihq;FDi '~e f thtmf th•~" sy -d Wdi` ouLilnok4y;' .t ; Dem°natk'~ U.S. Sen. WeMtdl s/aylherii {~hd'xl$itp~e Yb lepa; L-; ICllqon s plan caUS Wom baaunL..,but °I IbinE~Jsdpos~[fie' mesaaje J+"tt thi E11'A~t Ilidf. nd iuieatcpped tMt autulos;t q•; L Iaion i+i plaa'ot.regdsUa9on Eolors: pIquna sud Lr:phio iaLut:-, don'11 ~nlnk; fEfre~ 's~.any 4uesd~o IbeIt,.11,Ny ws do_wL w t I ~ ' ' ,t!, ~~u adt n,- L ho istry&>f to nanln oo spe!s: said yestaday:.. 'l;ivovld: jdst -u-: door sdvertliinj and le publicaiipas • about that :.. . r., .", 7hpy L terms.wtth the White Uouii u. [osn have an sct ot Congsts witti-moJa. tpan • I{ pitrent youtE ',/ Pahoa sald Ite..'pushed she"les• ._theY'Ye bsiti~inflfs." I ttits to broker a deal In which ' Fo'd and Rwltt seld: thry~wjl4,: iead.iship ar mors; thTn 2 mUllon luive apprvach; .rrd' J luva to t>~ _Punit tpled, tlut_wo~i~. brv°Ivp intods plan would b*~ritte.Inte ~y Io wAN CIL t~Dp~splsn mlu law;: rodequorfes tlia:qe of IQ;t ,; ' Ile•ve hb, Iwer all to SeNtar'.Fo mart Jo,M't6iie tlns~:hdd by: h{t w and eplorcement power handed 'whh twb ny/6rrye~~ttnf itln~` vias_ ti.tesull of my oU.'",,;- ~ imlun arcmhrts':-~sbou' I,WD il ~.ay .Lency, but tbe FDA. : FDA's rols andlhs r on oL iwt ~~ ta! ~~• lisd t}~dWn [s the Dimocnde noodau Phkfip Motrls'- U5,A• GC~ I:oulsvDll< i N " ` ' Somr RepubDcanconLresuooal.baoco adverfislnj.J, •adnP appaifed sheptinl of tMt whiM ae~otla~Im,y b !ea Yec{er0ar but Ferd the tkmor bqcco tndwtry..nd iES' iH~.lbe IUt• ubtAW9 nuespolnt man lor tobacco, in broke i - 7 6S45ILi6 liqysf ~ w StaR wAA the 4m cr iud op afmoster ls:.p) lol Fovanor. Itls RepubRan opP(i- . y 'G ul"~oesan~e ` felei hd nenL lse.v F•aaiv- said Clinton wss the ntail. derhY•':e he ssfd-'Truc sessler Vaated s satp on I ryipL to u•Qrj poq w patnls. Ne - artv4n: P.ople wso tvorK m p . , , , r,nd the While: Ilouu wss Iheg!msdr~s~pWillnl Potat ol hls mllb. VecdWL-~ecbicie pcaple" " i 's 7!:'lrsTC • . N 4

.u...wa...na.uup.vpv+..aT........~..........bw.-..__-.___._..... . legisisaive proeeaL 0verdCyeMCCngtps has taken en aativo roio in the mgulstion of tobacco advqniaing and ptomotioo- Congteu cleuly and deliberately vested authe:ity to ragulata tobacco advertisin8 and promotion with the Federal Trade Conuniasion. Further, in 1989-90, Congte,ss specifically oonsidered and deliberately rejected a legislative proposal containing rostriczions that ate nearly idcntical to those contained in FDA's proposal. The advertising :ndttstty strongly denounced the FDA's obvious attempt to citntunvent the legis3ative process in tfds sianner. Over the last few months, the advertising industry has writtan the President and mot with his settior stafl'to disctus this mutrs The ittdustry was rebuffed in its attempt to coopaatc with the President in the developmcaaof workable, cunstitutional restrictions on tobacco advertising andpramotion. The Freedom to Advertise Coalition is made up of the American Advertising Federation, theAmeican Associtttion ofAdveniaing Agencies, the Association ofNationsl Advertisen, thc Magarine Pttbiislxrs of Amcrica, the Outdoor Advertising Association of America and (he Point ofPutchase Advertising Lttatimt¢. These argattiiations mpmsatt a wide variety of advertising intaest.c The advatising itaattstty ezpre$ed confidence that the proposed FDA regulationa wi11 bc found tmconatittuionaJ upon their impendin(L Judiciat review. Cottraa: John Fithian, Ray O'Hsra, Penny Farthing Counsel to the Freedom to Advertise Coalition (202) 457-6000 Welly Snyder. President --`~--4_ American Advertising Federation (202) 898-0089 Hsl 3houp. Executive Vice President American Asttooitlion of Advettising Agencies (202) 331-7343 Dan Jaffe, Executive Vice Ptosident Association of National Advertising (202) 626-7800 Oeorge otoaa, Fxewtive Vico Presdem Magetine Publidters of America (202) 296-7217 -~---.....-..-. _.. ~..4 Ruth Segal, Executive Vice President Outdoor Advertising Association of America (202) 833-5566 Richard Blatt, President Point of Putchase Advertisine Institute (20L)894-8899 -30-

MEDIA RELATIONS ECONOMISTS Ongoing . An extensive economist op-ed program was implemented to focus media attention on the FDA's agenda. The program attacks the FDA proposal from an anti-big government, anti-regulatory perspective. Targeting key Congressional districts, program themes include:  While FDA claims their focus is on preventing youth smoking, the action is the first step to impose harsher regulations on tobacco;  The FDA regs will have repercussions on not only the tobacco industry, but vending, confectionery and candy industries, distributors, advertisers and sponsors for sporting events; and  The regs will have a devastating impact on jobs. • Economists prepared and submitted op-eds for publication to major newspapers in select states:  Dr. William Boyes, Arizona State University • Dr. Barry Poulson, University of Colorado  Dr. Dominick Armentano, University of Hartford • Dr. Dwight Lee, University of Georgia, Athens  Iowa economist tbd  Dr. Cecil Bohanan, Ball State University  Dr. Robert Pulsinelli, Western Kentucky University  Dr. Michael Kurth, McNeese State University (Louisiana)  Dr. Bill Shughart, II, University of Mississippi  Dr. Joe Bell, Southwest Missouri State University • Dr. Terry Ridgway, University of Nevada, Las Vegas  Dr. Allen Parkman, University of New Mexico • Dr. Lowell Gallaway, Ohio University  Dr. Ed Price, Oklahoma State University  Dr. William Mitchell, University of Oregon • Dr. J.R. Clark, The University of Tennessee at Chattanooga • Dr. Michael Davis, The University of Texas at Dallas  Robert Higgs, Independent Institute, Edmonds, Washington • Dr. Charles Breeden, Marquette University

MEDIA RELATIONS THINK TANKS/FREE ENTERPRISE/PRO-BUSINESS GROUPS Completed Activities • The Small Business Survival Committee (SBSC) released a study prepared by the American Economics Group that measured the employment and wages created by the advertising and promotion of tobacco products. Press releases by the SBSC described the detrimental effect the proposed regulations would have on jobs. • The Alexis De Tocqueville Institution sent out an Issue Brief criticizing FDA's proposed regulations. The brief was sent out to 100 policy groups and press contacts. The group also sent the brief to many prominent conservative radio talk show hosts. • The brief was placed in two p: pers, the Colorado Springs Telegraph- Gazette and the Waterbury Republican  The Issue Brief also generated radio interviews • The Business Leadership Council issued a news release decrying President Clinton's announcement of the proposed FDA regulations. • Former Senator Malcom Wallop (R-WY), currently the Chairman of Frontiers of Freedom, has written two op-ed articles dealing with the FDA issue. One was featured in USA Todav, the other is still being placed.

More Regulation Would Be Wasteful, Intrusive President Clinton recently issued an executive order au- found no connection between advertising thorizing the Food and Drug Administration to regulate to- and the decision of youths to start smoking bacco products as "medical delivery devices." ostensibly to While tobacco ads have been severely reduce smoking among America's youth. Unfortunately, restricted or completely banned in Nor- such actions are much more about politics and power than way, Finland and Sweden, researchers about the newly invented "pediatric disease" of teen-age there have found higher smoking.AttempttngtoextendtheFDA'sauthority'tocon- percentages of youth trol advertising of tobacco products is ineffective, bureau- smokers and, in some cas- cratic and hypocritical. es, even greater increases There is no compelling evidence that anything targeted for in youth smoking follow- the FDA's control causes youths to smoke. In 1989, Surgeon ing the ban. General C. Everett Koop said, "To date, ... no longitudinal The risks attributed to study of the direct relationship of cigarette advertising to smoking are well known, smoking initiation has been reported in the literature." Even but for whatever reason in the face of recent government-funded research struggling - to defy their parents, or to fabricate sonte link, both the preponderance of studies conform to peer pressure since 1989 and significant international experience have -young people try it any- J.R. . way. Surely, given his his- CLARK tory of smoking, the presi- dent can fully appreciate this fact. Ironi- cally, the president may have increa6cd the prestige of youth smoking by maktns i look like an even greateract of rebellion than it was before. - The FDA cannot handle its current re- sponsibilities, much less take on vast nc•.v . ones. It is a matter of public record that the agency has been failing in its core mts~ sion: to assure that safe and effectne drugs, medical devices and food are avail- able to the American public. For exumple, it currently takes six years for the FDA to visit each of the 90,000 domestic product and manufacturing plants it is requ:red by federal statute to inspect every two years. For many years, the FDA itself has con- sistently found no basis for regulating cig- arettes. and the courts have aereed. In 1980. the FDA stated in a court bnef Ehat i "has repeatedly informed Congress ihat cigarettes are beyond the scope of the Food and Drug Act." Yet the presid~ni ~ new executive order comes cuc:pl_!c %rnn budget and more bureaucrattc Tne most offensive teature ui tte prr posals is not their cost but their h> pocr,n~. Here we have a chief executive :rlin;; to stamp out youth smoking who himself smokes ctgars, which strangely hace hcen exempted from the FDA regulations. As a nonsmoker,Ifindthescentofcigarsmoke and the smell of this hypocrisy eyuai!y unappealing. The president's tobacco industry regulations are more of the same kind of govern- ment that has proven to be arestefu!, inef- r' fective, intrusive and sometimes unconst;- tutional. This was not what the octers had in mind last November when thev cleaned house in Washington, but they mu;. ;et another chance in November 1996. J.R. Clark holds the Probasco Chair of Free. Enterprise at The University of Tennesses at ' Chattanooga. The opimons expresszu s,a nis own and do not necessarily represent tno=_= o' the university.

.o " V ~ CR A 0

THE REGISTER-0UARD, Eugene. Oregon, Thursday, November 16. 1995 Page 13A FDA sees crisis where none exists By WILLIAM MITCHELL N AN AUGUST news conference, Presi- dent Clinton outlined his proposed at- tack on teen-age smoking and requested the Food and Drug Administration to devise a new regulatory program that would great ly reduce smoking by our youth. David Kessler, the FDA commissioner, lost no time in coming up with a complete and detailed set of severe regulations and making the rounds of the'N talk shows ad- vocating his approach. In brief. Kessler proposed that tobacco products be legally defined as "medical de- vices," thereby providing a convenient and powerful rationale for detailed regulation of tobacco products. Some of the proposed reg ulations include banning cigarette sales to minors, licensing requirements for retailers, vending machine restrictions, limited adver- tising, and a requirement forcing producers to fund a educational campaign to stop smoking among children. Although Clinton said he preferred that Congress enact these draconian measures, something it is reluctant to do, Clinton and Kessler were quite prepared to ignore Con- gre=s and act on their own power. While Clinton and Kessler's personal be- liefs and values are no doubt sincere, it is also true that they recognize the political advantages of appearing tough on "obscene" profit-maktng by "heartless" tobacco com- panies. Virtually all parents and even most adult smokers recognize the dangers of the habit and devoutly wish that kids not pick up the addiction. So, being against tobacco is being on the side of the angels. The problem is not m the ends, whether they be health or moravytirected; it is in ;he means. They are deficient in every re- gard. In the first place, the states already have the power to restrict sales to minora and many states fund taxpayer-supported antt- ,moking educational campaigns. Federal participation seem redundant and, there- fore, inefficient. Whether efficient or not. Kessler and the FDA seem not at all reluctant to administer still another program of regulation. Would it not be better if they improved their per- FDA Commissioner David Kessler fortnance in their other, more traditional areas of food and drug administration? Economists have shown, in detailed statisti- cal studies, that me FDA has done much harm in preventing new and useful drugs from being sold, in delaying safe and effec- tive medical treatments and, of course, in not protecting people from genuine harms. Bureaucracies have the tendency to grow in size, budgets. activities and, above all, their powers. The FDA and the Defense Department have much more in common than their various supporters and respective detractors might recognize. It is very easy to rationalize bureaucratic growth, and it is done not just by the bureaucrats, but by their self-interested citizen<lienteles and producer-suppliers and, of course, by politi- cians intent on doing well by doing "g,pd." Even it this analysis were incorrect, one must ask whether the proposed regulations- wouid, indeed, achieve their desired and de- sirable ends. It is my considered opinion that they would not- Regulations from above and especially those enforced by well-intended but faceless bureaucrats are usually effectively resisted by the regulated; in this instance, both re- tailers atid the kids, and for obvious reasons. And both know or will quickly tearn how to get around the rules. Rational bureaucrats, politicians aaa ntner interested groups can atways justify their proposed regulatory activities by citing alleged scientific data warning of some im- minent and foreboding crisis or that some cataclysmic epidemic will do us in unless immediate and forceful governmental ac tions be taken. We must always be at war against something! The fact of the matter is there is a prob- lem but no crisis. Indeed, great progress has been made during the past 20 years in re- ducing smoking and tobacco-reated healUt problems. The University of Michigan's Monitoring the Future project has been studying smok- ing habits for 20 years. and it finds no crisis or epidemic. It does find variable, small im creases in smoking amounts or frequencies among some age groups. But, overall, the >tudy provides no suppon for the catastro- phe school of thought. Smokers are now on the defensive! If something ought be done about smok- ing by kids, it should be done by those clos- est to the victims - families. schools. churches, and other local organizations. Being a nanny is a hard-enougn job without an already overloaded federal government adding that role to its albencompassing agenda. But if tne voters decide that the federal government must do sotneming, let tt be done by Congres. Maybe then we can face up to the hypocrisy of subsidizing tobacco growers and sellers while granting dracoman regulatory pon'ers to the FDA Wilh'am Mitchell is a professor emeritus of political science at the University of Ore- gon. 91715476

Z4e 0asWngban a;unes Advertisers call tobacco proposal a virtual ban By Karen Filey mevwa..praAIrnes The cigarette ad of the future will consisr of black type on a white page that reads:'•.viarlboro Cigarettes - A Nicotine-Deiivery Device" Gone wiil be the colorful Koul clocks marking the time in gas sta- rion minimarts and curbside Camei signe proniising gas. coffee. dgarettesand newspapers. Gone too wiII be the Marlboro signs on shopping baskets at the nation's 7- Elevens. And countryside barns will have to paint over signs for Red tvfan chewing tobacco. "They want the ads to become invisible," complains Daniel Jaffe, executive vice president of the As- sociation of National Advertisers, larnbasnng the Food and Drug Ad- mtnisttattoa's sweeping new rules released last week aimed at curb- ing reen-age smoking. "The government has now 'oe- come the copywriter and the ad director for tobacco advertising. They can speak through your ads. hut you can't. tt's a verv substan- nai step in a f ree socier/,' Mr Jaffe said. After a week of examimng the fine pnnt of the new cigarette and smokeies-tobacco rules. adver nsers say the FDA proposal is po- tenttally even moredamagmg than they first thought. Industry officials saY that a closer look at the regulations shows that advertisers would be limited to using only ads that ei- ther no one will notice or compa- mes won't want to run. "We think this whole thing is a complete tobacco ban;' scoffed John Fithtan, a lawyer wtth the Washmgton firm of Pattnn Boggs who is representing the nations six major advertising associations in a lawsuit tn block the new rule. For convenience stores, roce- vacks, farmers and others who agree to carry cigaretre adverns- mg, the FDA rule also means lusr lees, such as the'S10 a munth RJR Vabtsco Inc. pavs mmtmarts to dtsplay its Camel rank-rop prnmo- non. b10NDAY, AUGUST 21, 1995 PAGE A1 "My folks are going to be under the gun. Cigarettes are profitable. They do much more promotion than soft dtinks," said Jim Daskal- counsel for the Service Station Dealers of America and Allied 'Radea in Lanham. Since the federal government prohibited cigarette advertising an television and radio in 1970, cigarette advertising and promo- tional spending has grown from S361 million to 56 billion, accord- ktg to the Federal TYade Commts- Siart FDA Commissioner David Kessler said at a Georgetown Uni- versiry seminar Wednesday that his proposals are intended to "dra- matically change" the public land- scape, where cigarette advertisin g is ubiquitous. °Listea m the words of one 18- yeeroldand I quote:'I figure if it's really so bad for ynu, they won't be selling it averywhere. I mean, you walk into the Stop-and-Go and there's a whole watl of them right up front at the cash registet' " The proposed regulation would outright forbid caps and T-shirts and other paraphernalia beanng cigarette logos, ban cigarette sponsorship of sporting events. and prohibit all cigarette advertts- ing on billboards or other outdoor displays within 1,000 feet of a play- ground or schooi. Although the distance may seem short, some industry offi- ciais did a quick survey of one'oig ciry - Detroit - and found that there are few locations that would qualify for a cigarette billboard. Experts who have examined the rule say that buses and taxis could also be barred from carrying aga- rette ads on placards because thev invariably pass in front of schools during any day. Under the proposed ;vle, the FDA would allow limited adverns- ing in magazines and newspapers, on posters and store plarards, and on other outdoor displays away from sehools. provided they tn- clude the added language "Ciga- rettes - A Niconne-Delivery De- vice" The agency's rules for print ad- vertising are twofold. Ads appear- mg in magazines read by teens can be black-and-whne text onlv - no ptctures& no color. Adsin teen magazines must also carrv a special health statement in addition to the surgeon general's warmng, such as "About one out ot three kids who become smokers wtil die from ehetr smoktng:' The FDA has be:;un testing these %varn- tngs «'uh tcen focus groups. Pubhcancms- :hat are read by adults are free ro <ontmue to run tradittonal ads. But to do so. they must provtde the FDA with market data praving that no more than 2 million children read the publica- tion or that at least 85 percent of its readers are adults. "There's just huge confusion" about how to comply with the rule because there's scant information on teen readership, said a maior magazine publisher The FDA rule says magazines must count readers, not sub- scribers "How does the magavne count the teen who has access to Daddy's magazine at home or to a magazine available at any school or public library?" asks Mr. Fith- ian. The upshot: Most major publi- cations that currently carry co- bacco ads, such as Sports Illus- trated or Rolling Stone, w4l be restricted to the plain vanilla ads. The rule would also limit m- store placards, billboards away from schools and direct mail (even if ~he mailing list is drawn from the seniors magazine Modern S1a- tnnry) to the black-and-white textonly format. And the FDA is talking about writing other rules as well. It is reviewing whether to recuire ads to carrv °contraindicanons" - those lengthy lists of potential side effects and other medical data it now requires for all prescription drug advertising. And it also wants to take over the Federal '-Yade Commission's jurisdiction over ad claims so ;n the future :t could -e- vtew claims made in ad .-opy aimed only at adults,

i~ F~o~t+~'or~ Ctaw, Sunday, Hav.nms.. ,IS, tv9s D3 The wrong approach to teen smoking Dominick T. Arinentano The expressed intentof the Food and Drug Ad- rrdniatration's recently proposed regulations on cigarettes and smokeless tobacco products is to cut adolescent consumption in half. Rottghly 3 million American juveniles are said to smoke and an addi- tional I miliion young males use smokeless tobac- co. putting aside all of the other difficulties with the FDA proposal, can these new regulatlons.possibly accomplish their objective? The FDA proposes severe new restrictions on the advertising of cigarettes under the mistaken assumption that there is a direct relationship be- tween advertising and the decision to begin smok- ing. But there is no reliable evidence in the litera- ture to support this contention and plenty of evidence to contradict it. Juvenile smoking actually increased in Finland after a complete ban on tobacco advertising was implemented in 1978. Norway, which completely prohibited tobacco advertising in 1975, has a high- er percentage of juvenile smokers than does the United States. And black teens inthe United States, :presumably exposed to the same "persuasive" ad- vertising as white teens, have far lower smoking rates. It is widely acknowledged, outside of Washing- ton, that the decision to start using tobacco prod- ucts is influenced primarily by culture, family and peer pressure, not corporate advertising. So ban- ning brand-name-event sponsorships, or limiting eigarette-brand logos on race cars and driver uni- forum, will have no measurable effect on anyone's decision to light up. FDA Commissioner David Kessler would have us believe that billboards near playgrounds and the use of cigarette brand names on T-shirts (which would all be prohibited under the new regulations) have created a teen smoking epidemic. Nonsense. Thp marginal increase in teen smoking recorded since 1991 is easily swamped by the longer term steadily downward trend. Listening to the FDA, one would never know that the percentage of high school seniors who smoke daily has fallen from more than 28 percent in 1977 to less than 20 percent in 1994. Smoking half a pack or more per day among high school seniors has declined from 17.9 percent in 1975 to approxitttately 11 percent today. Yet Kessler would prohibit cigarette vending mach'.nes and the distri- bution of tobacco products by mail even though there is no evidence that a curtailment of these marketing techniques would impact teen cigarette consumption. The bottom line is that these proposed prohibi- tions have little to do with changing agarette con- sumption by teenagers. What they will do, howev- er, is hurt certain advertisers, promoters of spotting events, tobacco manufacturers and their employees, and vending-machine owners, among others. Even more important, they will enhance the power of FDA bureaucrats to exercise additional control over private markets and lifestyles. And that's what the FDA smoke screen is really all about. Make no mistake about it, the FDA would like to severely restrict the sale of all cigarettes in the United States. Kessler knows that total prohibition is politically impractical at the moatent, so he starts the crusade with regulations that aim tD "protect the children." And when these (ail, as they must; the agency wiU return with stroqger recomtnend&- tions atld sterner controls. But controls are already a way of life in this industty, Laws addressing tobacco sales to minors are on the books in every state and the District of Columbia. Dozens of governmentai agencies in- cluding the Department of Health and Human Services, the Federal Trade Commission and the Bureau of Alcohol, Tobacco and Firearms already police and regulate the industry. Every state taxes cigarettes and most, like Connecticut, lump a sales tax on top of the excise tax. Cigarettes are already among the most taxed and regulated products in America. The FDA has invited public comment, so it should be told that its proposed regulations will not affect teen smoking but will reduce employment and income in tobacco-related industries. It should also be told that its contrived rationale to regulate cigarettes as a medical device is as phony as a three-dollar bill. Finally it should be told that free- dom and persuasion, not regulation, are the prima- ry social values that we choose to pass on to our children - whether they smoke or not. Dominick T. l4ntsntano, a professor of economics, is on sabbatical from the University of Hartford in West Hartford 08fr5[LTb

A LE ~\ fS de TOCQCEVILLE AdTI ISSUE BRIEF - No. 110 August 17, 1995 The Nanny State Strikes Back By Merrick Carey Talk about an overreach of federal authority. President Clinton's plan to reduce teenage smoking by regulating tobacco as a drug is one of the largest extensions of government power in recent years. If the President succeeds, companies in America should fear for the precedent it sets. The Administration's micro-managing of cigarette advertising has understandably been opposed in a lawsuit by the 1,200 member companies of the American Association of Advertising Agencies. The Clinton Administration's new policy specifies that any cigarette company advertisement in a magazine that reaches large numbers of teenagers can include only text -- no pictures -- and must be in black and white. In other words, all tobacco company advertising must be unattractive, unappealing, and, essentially, a waste of money. Another aspect of the Clinton Administration's plan is simple extortion. It would require tobacco companies to spend $150 million of their own money on "public education" advertising aimed at reducing teen smoking. Why not, one might ask, also require Nintendo and Sega-Genesis to use corporate profits to advertise about the importance of exercising instead of playing video games? In the future, perhaps Doritos could be forced to run commercials on the virtues of eating fruit. Or how about making all the TV networks in the country devote hours of programming to encourage kids to read rather than watch television? The list is endless and, unfortunately, not completely beyond the realm of possibility.' Some would defend the President's action by arguing that reducing the level of teenage smoking is a good cause. However, nearly everything the government attempts to do is based on good intentions, whether it is improving public safety or cleaning up the environment or improving public safety. Yet the method the government chooses to enforce its intentions is crucial if we are to live and prosper in a free society. In this case, the manner in which the Administration seeks to achieve control clearly needs to be reviewed by Congress. Declaring tobacco a drug provided only limited regulatory reach, so the ' For parallel arguments about how lawsuits to recover the Medicaid costs imposed by smoking could be applied to other industries, see John Berthoud. "The Economic Consequences of Medicaid Litigation," Richmond, VA: The Commonwealth Foundation, July 1994. The Alexis de Tocqueville Institution 1611 N. Kent Street. Suite 901, Arlington, VA 22209 Tel (703) 351-4969 Fax (703) 351-0090

Monaey, NovemGm 27. 1985  7ho Cl.riarvLadger  oA OPINION Columnists' views FDA proposal merely 'power grab' to regulate tobacco advertising  The FDA plans to preempt the laws of Mississippi and every other state on tobacco. Fnnd and Drug Administration (FDA) Chiaf David Knreler i recent proponel to regulate cigarutter and amokeleee tobacco prodrrcta as medical devicq is proof p••itive that no one ia more annoying than an unlened burenucmt. Under the guiee of protecling heiplera children fmm the "evil wred;" Kesdei a FDA has propoted att erpaneive eet of mlea that would give that agency brosd authority to determine the tenne and mnditione under which mberou pruduc4 are ad- vMiud end eold. Dr. Keesler'e persion for power is wel I known. Fmm hia order to destroy 15,0118 gallons of orange juice wh oae l abel a did not frt h ia fency, to his bumingdeeire to eon/ml the consumption of eigerettue. Keaaler hars been on a personal cnreadc since appointed by Preei- dent Bueh in 1991 to force Americana lomnform lohis own vieion of politicxl comctnem. While the goal af ttubing smoking by young people is leudahle, Keealer'e propreed methads are not. In- dcod, given Ihe myded etete and federal lawe already on thebookethet restrid lhesale ofcigarcltee endolh- ermbaccopmducla to minore, Ihenew mies beingtun- /empleted by the FDA are nothing less then a hurean- oalic fwwer grab that launches a periloue attack on the Crmetitution i guarantees uffove epeeeh and a f d- erel eyetem of govemment. WILLIAM SHUGHARTII (iuesl columnisl 7'he atata of Mississippi already prohibits the sale or distribution ofcigera, cigerettee, smoking tobacco and.nuHto minon, reyuiree proofofege from anyone who appears to be leee lhan 18 yesre old and declaree violatora guiltyofa miademeanor and subject m a hne off28 toillle. Retailers muat poeta eign notifyingcus- lomen ofthie lawor face e fine. The elatcalao metricta Lhelocetion of vending mechinea to pleces inacceeei- ble to minora and, to further limit access, requires to- beom producls to he enid in the manufaclurei s origi- nel eealed packaging. The FDA plnns to preempl the lewe nf Misaiaaippi and every other mnte by banning vending machine sales altogether and imposing far-reaching reatric- lione nn lhe advertiaing oftobacco producta. The pro- poeale include banning the use of tobacco brand nemes on T-shirln, cnpu, and lighters; pmhibiting to- baceo eponuumhip of eporling conteets and uther, en- tertainment events; and limiting the logos end brand namee on race cmm lnd drivers' unifomm 10 o black and white format. Joe CumeL call your nfnce. If the FDA's mles go into efl'ecl, ull aigarelleadvertieingw111 also be required to ^onspinmualy include the phreee "CIGARETTES - A NICOTINE DELIVERY pE- V ICE," and, in ceee anyone just reprming from Mnra miesea the point, all cigarette packages will ta: cnm- pelled to brandish the word "CICARE9TES" in let- ters at least hulf ua large as the prnduct'n brand name. These proposed regnletiunx, which represent yet another rash elep dnwn l lm rosd to prohibition, go far beyond the reesonnhlc meneuree that could be edopP ed - and which the tobacco companies themselves have almady undertaken - In fulfill the aeteneible purposeofreducinglheincidenceoftigarelteamoking among Amen,:u's youth. They are nal ulet..rl m easert the FDA's jurisdiction over the sale of cigareltea al- ready on the market ~vhrn the 1976 MMedical Device Amendmenla were passed. -1'his means not only that dieymayhavebeen"grandfethertd" in along with all other existing medical devices like cardiac pacemak- ers end, yes, condoms, hut aa nnted in the FDA's own Small 6fanufertnrer'r Assishmcti: Memµ Pre-amend- ment devices, i.e.,lhnse that were in distribution prior to pessage of the Medical Device Amendmenta an Muy28,187g, "heve nn cnvinblu posilion einec no'pre- nmrked notlficalian' ia orwns requiredoflhe company distributing them." Dr. Kessler can cluse the harn donr, b<rt it's not dear lhnt he carl reg,date the hnmes that nre atill insidv nt it. Evun new dnvicea excnpe the regidatory, net if Ihcy ore slmwn to bc'subslnntinlly nluivelenY'to tbnse rdready nn the market. The FDA's rntionalo for regulating cigarcltcs. nnmelY that the filter end pnper lubearc'-dr.vicea" that deliver the "dmyr" niartine m smokers, confueee "dmge," which deaFite the egency: name do not falf within ita jurisdictmn, with "medicines," which the FDA was created ta oversee. Alcohol, tobecco, and il- licit suhs/ances like merijuano, heroin, und cocaine Imve never been within the FDA'u purview. Making Ihenm eu will overburden an alreadyoverburtlened bn- resncmcy.0ver 1,100 epplicalions for new medical de- vices are cu rrently awailing epprovnL How many more duleyewfllAmericanabeforcedmbeurendhowmany ~ mnm livea will be lost, if the FDA devotes ecerce re- sourma to muking sure no outtloor cigarette advertie- ing ia dieplayed within 1,000 f•et of any ploygmrmd, el- emenlary ornecondury school, rather than ful811ing its important respnnaihilitiee of safegnarding Ibe ne- linn's food, blood, and drug auppliee? Cigereltes are no mom of a°dmg delivery eyslcni' /mr.dicsl device) then are scented markem, glue dis- pensers, chocolate candies, or a ntp of coffee. Kessler hes lost sighl of his agency'e fundamental missinn, If he enccutYls this [imearnund,wbntwill bethe target of nertemaede?Cappuccino?Chinese foo[I nethede- his liverydevice for enlivirai ngentr liko garlicand ginger? Let's not forget where the rnad paved with gon.l inten- lfons Icads.  Wllllam 3hayhart 11 le Irrofbwr of .conomlca .nd hotdar .1 the P.Y.II. NB, B.ncY C- 3elf, and W Illtem Kiny SeU FrN 6n/arp.l.a Chair atN. Unf• r.nitg nr Yiadulpph LLbSiLT6

Se iOCQGEV ILCE V , . " ] V AdTI ISSUE BRIEF - No. 110 August 17, 1995 The Nanny State Strikes Back By Merrick Carey Talk about an overreach of federal authority. President Clinton's plan to reduce teenage smoking by regulating tobacco as a drug is one of the largest extensions of government power in recent years. If the President succeeds, companies in America should fear for the precedent it sets. The Administration's micro-managing of cigarette advertising has understandably been opposed in a lawsuit by the 1,200 member companies of the American Association of Advertising Agencies. The Clinton Administration's new policy specifies that any cigarette company advertisement in a magazine that reaches large numbers of teenagers can include only text - no pictures -- and must be in black and white. In other words, all tobacco company advertising must be unattractive, unappealing, and, essentially, a waste of money. Another aspect of the Clinton Administration's plan is simple extortion. It would require tobacco companies to spend $150 million of their own money on "public education" advertising aimed at reducing teen smoking. Why not, one might ask, also require Nintendo and Sega-Genesis to use corporate profits to advertise about the importance of exercising instead of playing video games? In the future, perhaps Doritos could be forced to run commercials on the virtues of eating fruit. Or how about making all the TV networks in the country devote hours of programming to encourage kids to read rather than watch television? The list is endless and, unfortunately, not completely beyond the realm of possibility.' Some would defend the President's action by arguing that reducing the level of teenage smoking is a good cause. However, nearly every7ltittg the government attempts to do is based on good intentions, whether it is improving public safety or cleaning up the environment or improving public safety. Yet the method the government chooses to enforce its intentions is crucial if we are to live and prosper in a free society. In this case, the manner in which the Administration seeks to achieve control clearly needs to be reviewed by Congress. Declaring tobacco a drug provided only limited regulatory reach, so the ' For parallel arguments about how lawsuits to recover the Medicaid costs imposed by smoking could be applied to other industries, see John Berthoud, "The Economic Consequences of Medicaid Litigation." Richmond, VA: The Commonwealth Foundation, July 1994. The Alexis de Tocqueviile Institution 1611 N. Kent Street, Suite 901, Arlington, VA 22209 Tel (703) 351-4969 Fax (703) 351-0090

LetindAn 4r.a-~.u41.Y' 1:~, ~ 4s Llinton, FDA exagernte smolang. by teen-agers to - further.their cause S! 80t R1~6i1 R «mtly. theNatiotal bntinue 0o DrngAbttscspattvond a . Ihdvesly of Michigan study d gtoYiog among yoting Att>ai. tams.ctre findingwas that. the petzmaQe d dghth-graders wo had tut sroked. at kau onecigr mm in the ptevios; 30 days in- aaud 6vtt 143.peeoett in 1991 to lS6 pereen in 1994 - a 30 pemr riae. Th CTmtan administration and the Food and Drug Administration have txd this study to advoate FDA regulation of tobaao ppo• ducs. The fust stage in FDA regu- lation ann,ms to a virtual ban on tobatzdpvduct advertising: the ap- paten ultitnate aim is to declare niwtine a drug and to yrohibit is ueeentYely. It alauld be twted that the Uni- vetsty af 6tichigan study trads cmqk'afg by eighth-grrdas only crKe 1991; it is impassible to tell what th long-run tnTd has been. Actmlly. NIDA has been collecting data an high sehool seniors who smoke snm 19T5. Its data indiate that sinca 193 the percentage of daily smokes in that grarp has fallen by 39 petxnt. and that.of , high sdrool senior ciasvfied as 'heavy smokers" has dropped by fio peceu. 5imilarly. the Izrm+t- age of black high school seniors who had smoked at least one ciga- ntte dming the prior 30 days fell fnan 252 percent in 19(30 to I l pensm in 1994 - yresumably wit}nut govemmenal help. The kng-run trend for teen- agt'n and adult$ has been reduced cxooYfng. Apparently teen-agers , atd aduls an ptasa infotmatian rrgatd'mg the ooin and berkfis smnking in an intelligent way. I am awate of no evidenm that advertiting affess the decisioo to mmkC it does affect the choim of brands It i,s even less BkBy that advertising affaets teen-age ded- riun regarding tobaau ptaducts Studie that I am awate of indiate that thee ded9mes are deteemined ahtnst entirely by PeQ Pressure and famiiy in(luenoes - as are decetwts abmu almhol and drugs IM-uea eridentxovnfaan thee reyhs Norway wmPiady hatmed tt... 11.e.,vtao.oo T.aoO~ tobacco advert'tsing in the early IM and 36 percau of its 18year- olds ate clamfied as regutar atak- ers. The Centers for Disa .x Conuol and Prevention reports tlat the 1994 smdcing -ete among white temage7s was 23 petcmt. wm, pttal with 5 petctnt among bladc, teen-agee (even though both gtoups ate equally exposed to ca haav advetrisemmsl If the long-rw trend is down- ward for teen-age smking, and little or no evidence links advertis ing to the decision to u: tobacrn. and if the tahacco industry is al- rady regulated (at all stages) by more than a doen fedeal agenaes and all 50 smtes. then howw do we account for the cemu Clinton ad- ministntiarFDA initiative? In ramt year., the FDA has been aitiazed by Cangress and ecvwmim; btatse it has not been doing very well that which it is svppoeed to be doing. It is alleged that the FDA has delayed the app pmva! of nwtnaa potentially life- savmg drugs and ntedid appara- tua that are available in other callintres '11te 1994 ekrtion indinted that Amaians ue tired of being ove. negulated and of being told what is good for ta by the eocial enginces in govenutten. A fafxicated crisis in tmwge tobacco tete peeseus an oppaumity for a powa grab by the FDA and allows the president to make polidtal hay at the expense of tobacm-growing states, which he has written off anyway. On the ocher hand it may be that the president truly believes that a aiss exists and his kneeyerk rcponY is to eolve this problem - .indeed all ytoblans - with laws and governmental mandates on be- havior. This despite obvious gov- emment failutes, here and every- where eLx to change human natutt What is really going on is a preliminary battk in the war to ban toba¢o producs altogether. Presi. dent Clinton and the FDA have already hinted that stricter actinn will be taken if these measures don't reduce teen-age tobatto use within a few years 'llxn, perhaps. we an'save the dtildrev'- by put- ting them - and their parents - in jail for snwking. Of tourse, even in jail they will surely be able to get all the cigaarettes they choose to slnol{e. Paul Johnson. the 8ritish histo- rian, has written (in MaAern Tinrrs) that the history of Western cwntties in the 20th century has been that of governmens grabbing pow- er dtaing periods of crisis (real or 'n+ngincll Tnet. after the crisis has btg disppearred. govemment pow• er has tz•mained and bureaucrats have set to waek to expand their power. Seen from this long-run per. spective. the Clinton administratwn and the FDA actions ata engaged in btmtess as lmtal.  Bob Pu6MW Is a pofessor of ecvnmiCS at Western KEntuCky lkuserslty and a r>an-srnuing libertanan. .

,,dLORflNO SPRINGS tiA2ETTE (ELEGRApH £BtrSiLi6 -OLORqUU SPFIHGS. CO :.atLf ~n2,nGV :utsonv AUG 22 1995 COMMENTARY ' Federal tobacco crackdown usurps parenthood . srltt«datoamy .r,DM Talk about an overreach of federal authority. Pres- ident Clinton's plan to reduce teen-age smoking by i l b d i f th l i regu at ng to acco as a s one o c argest ex- rug tensions of government power in recent years. If it stands, companies in America should fear for the precedent it sets. The administration's micromanaging of cigarette advertising has been opposed in a lawsuit by the 1,200 company members of the American AssociatiVn of Advertising Agencies. It is understwndable why. The Clinton administration y new policy specifics that any cigarette company advertisement in a magazine that reaches large numbers of teen-agers can include only text -- no pictures - and must be in black arW white. In other words, all tobacco company advertis- ing must be unattractive, unappealing and, essen- tially, a waste of money. Another aspect of the Clinton adminlstratlon'n pIW comes perilously close to extortiun. It would reqtilte tobacco companies to spend E 150 million c{Y f[teir oWn money on "publlc education" adver{/sing pNocd at Ie- ducing teen smoking. Why not, one might asit, a/go require Nintendo and gega-Genesln to uee torpurate profits to advertise the impottance of exercleing over playing video games? In the future, perhaps Dorltos could be forced to do contmercials an the virtues of cating fruits. Or how about making all the TV net- works in the country devote hours of programming tu encourage kids to read rather than watch television? 'I'he list is endless and, unfortunately, nut completely beyond the realm of possibility. Some would defend the president's action by saying that reducing the level of teeo-age smoking is a good TheNextRaid cause that should be supported. However, nearly ment or president who takes on the role of parent everything the government attempts to do is based on puts us even further along the path to a"nanny the premise that it is a good cause, whether it is im- state," with a central authority interfering in all of proving puldic safety or cleaning up the environment. life's choices. Agencies like the k'o<d and Drug Admin- Yet the method the government chooses to enforce Its istration (FDA), the Environmental Protection Agency intentions Is crucial if we ure tn live and prosper in a (EPA) and the Consumer Products Safety Commission Dee society. (CPSC) nre not only usurping the role of parents, but The manner in which the administration achieved they also are treating all Anericans like children. this expansive power needs to be reviewed by Con. Just laat year, the federal CPSC "strongly warned" gress. Declaring tobacco a drug provided only limited Warner Bros. films to ohserve the CPSC's safety rules regulatory reach, so the adMnistratlon chose to go in scenes that involved Macaulay Culkin riding an all- further and labeled the cigarettes themselves "medi- terrain vehicle in the movie "Richie Rich." The CPSC cal devices." Many people would find it difficult to has studied whether it has the authority to regtdate piace cigarrcltes In the samc category witi' hearing films as consumer prodnets. The RI'A has tried tmsuc- aids and heart valves. llnder such an expansive defi- cessfully to force private-sec[ur employees tu ear-puol nition it seems that any product in America could be to work. And FDA rnmmissioner David Kessler has labeled a medical device. forbidden pharmaceutical firms from telling doctors In amnouncing his plan, President Clinton declared, about new uses for drugs that have already received "Ne're their parents, and it is up to us to protect FDA approval. Since G(7 perccnt of chemotherapy them." Yet the federal government is not the rnllec- treahnent falls outside FDA-recognized uses, this pnl- uve parunts nf all children in America. And a govern- icy prevpts oncoluglsts from receiving up-to-date in- fnrmatton that can help the Bves of their patlents. The president's decision on tobacco is a continua- tion of this "nanny state" mentality and would seem to make the prohibition of cigarettes the next logical step. Not only would this be a policy mistake of enor- maus proportions, given the history of Prohibition, but i[ would aLso take ns even further from the coun- try's original cunceptiun on the role of government and personal respunsibilily. It was Thomas Jefferson who declared at his first Inaugural Address that, "A wise and frugal government, which shall restrain men from INurfng o e amnl.er, whirh shull leave them otherwise free to regulate t7mir nwn pursuits of in- dustry and Improvemennt, and shall not take from the mouth of labor the bread it has earned. This is thc stmt of good government," If one follows Thomas Jef- Cerson'a view of good govenunenl, then President ' Clinton s policy on tobacco is not very good at all. Carey Is president of the Alezis de Tocqueville Institution in Mingon, Va. .

AdTI ISSUE BRIEF - No. 110 August 17, 1995 The Nanny State Strikes Back By Merrick Carey Talk about an overreach of federal authority. President CIinton's plan to reduce teenage smoking by regulating tobacco as a drug is one of the largest extensions of government power in recent years. If the President succeeds, companies in America should fear for the precedent it sets. The Administration's micro-managing of cigarette advertising has understandably been opposed in a lawsuit by the 1,200 member companies of the American Association of Advertising Agencies. The Clinton Administration's new policy specifies that any cigarette company advertisement in a magazine that reaches large numbers of teenagers can include only text -- no pictures -- and must be in black and white. In other words, all tobacco company advertising must be tmattractive, unappealing, and, essentially, a waste of money. Another aspect of the Clinton Administration's plan is simple extortion. It would require tobacco companies to spend $150 million of their own money on "public education" advertising aimed at reducing teen smoking. Why not, one might ask, also require Nintendo and Sega-Genesis to use corporate profits to advertise about the importance of exercising instead of playing video games? In the future, perhaps Doritos could be forced to run commercials on the virtues of eating fruit. Or how about making all the TV networks in the country devote hours of programming to encourage kids to read rather than watch television? The list is endless and, unfortunately, not completely beyond the realm of possibility.' Some would defend the President's action by arguing that reducing the level of teenage smoking is a good cause. However, nearly everything the government attempts to do is based on good intentions, whether it is improving public safety or cleaning up the environment or improving public safety. Yet the method the government chooses to enforce its intentions is crucial if we are to live and prosper in a free society. In this case, the manner in which the Administration seeks to achieve control clearly needs to be reviewed by Congress. Declaring tobacco a drug provided only limited regulatory reach, so the ' For parallel arguments about how lawsuits to recover the Medicaid costs imposed by smoking could be applied to other industries, see John Berthoud "The Economic Consequences of Medicaid Litigation;' Richmond, VA: The Commonwealth Foundation, July 1994. The Alexis de Tocqueville Institution 1611 N. Kent Street, Suite 901, Arlington, VA 22209 Tel (703) 351-4969 Fax (703) 351-0090

SUNDRY REPUBLICAN NRTER9uRY. CT SUNPRY 76.766 SEP 17 199S Tobacco regulation a dangerous precedent By Merrick Carey T alk about an overreach of federal aul.holily. Presiden~ Clintmi s plan to reduce teenage sdSoking by regu- lating tobacco as a drug is one of the largest extensions of govern- ment. power in recent years. If it stands, com- panies in America should fear for the prece- dent it sets_ The adntinistralion's micro-ntanaging of cigarette advertising has been opposed in a lawsuit by the 1,200 company members of the American Association of Advertising Agen- cies. Il is understandable why. '1'he adminis- Iration's new policy specifies that any cigarette company adveliisement in a nmga- zine that reaches large numbers of teenagers can include only text - no pictures - and nwst be in black and white. In other words, all tobacco company advertising must be unattractive, unappealing and essentiaJly a waste of money. Another aspect of the Clinton administra- lion's phm comes perilously close Io extor- lion. It would yequire tobacco companies to spend $150 million of their own money on "public education" advertising aimed at reduc- ing teen smoking. Why not., one might. ask, also require Nintendo and Sega-Genesis to use cmporate profits to advertise about ihe impor- tance of exercising over playing video games? In the ful iue, perhaµs Doritos conld he forced to do commercials on the virtues of eating fruit. Or how about making all the TV net- works in Ihe country devote hours of pro- granuniug to eurourage kids to read rather than walch tekcision?'I'he list is endless and, unfortuuairly, uw rumplrtrly beyond the realm of pussibiliiy. bBtrSl[ib Some would defend the president's action by saying that reducing the level of teenage smoking is a good cause that should be sup- ported. However, nearly everything the gov- ernment attempts to do is based on the premise that it is a good cause, whether it is improving public safety or cleaning up the environment. Yet, the method the government chooses to enforce its intentions is crucial if we are to live and prosper in a free society. The manner in which the administration achieved this expansive power needs to be reviewed by Congress. Declaring tobacco a drug provided only linrited regulatory reach, so the administration chose to go further and labeled the cigarettes themselves "medical devic.eg " Mmty people would find it difficult to place cigarettes in the same category with hearing aids and heart valves. Dnder such an expansive definition, it seems that any prod- uct in America could be labeled a medical device. In announcing his plan, President Clinton declared, "We're their parents, tmd it is up to us to protect them." Yet the federal govefn- ment is not the collective parents of all chil- dren in America. And a government or presi- dent who takes on the role of parent puts us even further along the path to a"nanny state," with a central authority interfering in all of life's choices. Agencies like Ihe Food and Drug Administration, Environmental Protection Agency and Consumer Product Safety Com- mission are not nnly usurping the role of par- cnts but they are treating all Americans like children. Just last. year, the CPSC "strongly wamed" Warner 13ros, tilnis to observe the CPSC's safe- ly rules in scenes that involved Macaulay Culkin riding an all-terrain vehicle in the movie "Richie Rich." The CPSC has studied whether it has the authority to regulate films as consumer products. The EPA has tried unsuccessfully to force lirivate sector employ- ees to carpool to work. And FDA Contmis- sioner David Kessler has forbidden pharma- ceutical firms from telling doctors about new nses for drugs that have already received FDA approval. Since 60 percent of chemotherapy treatment falls outside FDA-recognized uses, this policy prevents oncologists from receiv- ing up-to-datr information that can help Lhe lives of their patients. The president's decision on tobacco is a continuation of this "natmy state" mentality and would seem to make the prohibition of cigarettes the next logical step. Not only would this be a policy mistake of enorntuns proportions, given the history of Prohibition, but it would also take us even further from t.he country's original conception of t.he role of government and personal responsibility. It was Thomas Jefferson who declared at his first inaugural address that "a wise and fntgad govermnent, which shall restrain men from iqjuring one atmther, which shall leave them otherwise free to regulal.c their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has cained. This is the stmt of good government" If one follows Thomas Jefferson's view of good goverument, then President Clintou's policy on tobacco is notvery good at all. dler-idck-Carey is presiden( u(! ~ Vesis rl,c Toeorrenif(r brslituhntt ix Arfinylon, Vu_

de TOCQCEti[LLE AdTI ISSUE BRIEF - No. 110 August 17, 1995 The Nanny State Strikes Back By Merrick Carey Talk about an overreach of federal authority. President Clinton's plan to reduce teenage smoking by regulating tobacco as a drug is one of the largest extensions of govemmem power in iecent years. If the President succeeds, companies in America should fear for the precedent it sets. The Administration's micro-managing of cigarette advertising has understandably been opposed in a lawsuit by the 1,200 member companies of the American Association of Advertising Agencies. The Clinton Administration's new policy specifies that any cigarette company advertisement in a magazine that reaches large numbers of teenagers can include only text -- no pictures -- and must be in black and white. In other words, all tobacco company advertising must be unattractive, unappealing, and, essentially, a waste of money. Another aspect of the Clinton Administration's plan is simple extortion. It would require tobacco companies to spend $150 million of their own money on "public education" advertising aimed at reducing teen smoking. Why not, one might ask, also require Nintendo and Sega-Genesis to use corporate profits to advertise about the importance of exercising instead of playing video games? In the future, perhaps Doritos could be forced to run commercials on the virtues of eating fruit. Or how about making all the TV networks in the country devote hours of programming to encourage kids to read rather than watch television? The list is endless and, unfortunately, not completely beyond the realm of possibiliry.' Some would defend the President's action by arguing that reducing the level of teenage smoking is a good cause. However, nearly everything the government attempts to do is based on good intentions, whether it is improving public safety or cleaning up the environment or improving public safety. Yet the method the government chooses to enforce its intentions is crucial if we are to live and prosper in a free society. In this case, the manner in which the Administration seeks to achieve control clearly needs to be reviewed by Congress. Declaring tobacco a drug provided only limited regulatory reach, so the ' For parallel arguments about how lawsuits to recover the Medicaid costs imposed by smoking could be applied to other industries, see John Berthoud, "The Economic Consequences of Medicaid Litigation;" Richmond, VA: The Commonwealth Foundation, July 1994. The Alexis de Tocqueville Institution 1611 N. Kent Street, Suite 901, Arlington, VA 22209 Tel (703) 351-4969 Fax (703) 351-0090

• The tobacco industry has addressed the issue of youth smoking. To effectively communicate these messages, and to ensure efficiencies, a coordinated plan with specific responsibilities is in order Tactics Material Development • Develop/revise key message points in the following formats (TI will circulate draft materials for review by 11/6) => Summary of FDA issues and analysis => One-pagers on key message points =:> Letters to editorial boards requesting visits, with appropriate topic highlighted => Letters to columnists introducing materials and/or with highlighted topic => Pitch materials for talk radio • Develop additional resources (i.e. economic impact study of proposed rule, update of international study on ad bans and youth smoking rates) and provide for a distinct media outreach plan for each • Assist and encourage allies and others affected by FDA proposal to speak-out. This deserves on-going attention -- and a more specific plan (e.g., farm groups are already circulating materials and op-eds ...)

MEDIA RELATIONS TOBACCO INSTITUTE REPRESENTATIVES Completed Activities . During the period immediately surrounding FDA's assertion of jurisdiction, Tobacco Institute spokespersons provided quotes for more than 125 newspaper and magazine articles, wrote several op-eds, and gave interviews for more than 60 television and radio newscasts providing the industry's point of view:  one pagers on key issues were distributed;  background and supporting materials were developed and distributed; and  briefings were given to reporters. • Following the initial wave of activity, a team of industry representatives was convened to:  assess current progress;  coordinate on-going efforts; and  work together on prospective strategies. . A plan for the end of the comment period has been developed to:  ensure aggressive outreach on the industry's views, including: • top 50 editorial boards • about 50 "fair or favorable" columnists • more than 50 "key" reporters • health and science writers at daily newspapers in the top 0 markets • talk radio programs nationally and in the top 75 media markets • advertising columnists • trade press  highlight the industry's submission to the docket; and  coordinate with allies in target markets.

DRAFTPlanfor MEDIA COMMUNICATIONS ON FDA PROPOSED REGULATIONS Background While purporting only to regulate tobacco advertising and sales aimed at youngsters, the FDA's proposed regulation of tobacco actually unleashes far-reaching federal controls and censorship. Editorial and other commentary on the FDA proposal have been decidedly mixed. While straining to support efforts aimed at reducing youth smoking, much has noted that "big government" and violations of the First Amendment are not solutions. Clearly, too, those editorials supporting the proposal demonstrate a lack of understanding of FDA's mission, tobacco regulations already in place and the role of government in getting youngsters to do as they should. The industry, along with our allies, must aggressively educate and seek support for the position that FDA has no basis or business moving ahead with their regulatory scheme. Obiectives Demonstrate that the FDA's proposed regulation is not an appropriate solution to the issue of youth smoking because: • The FDA does not have jurisdiction over tobacco; • The FDA's proposed "solutions" will not reduce youth smoking; • The proposed solutions come with a significant price tag -- First Amendment, jobs, cost to FDA's core mission; and

Media Outreach The media outreach section of this program contains several elements: editorial board visits, contact with columnists, ongoing contacts with reporters (both "key" and science and health reporters); radio talk shows and trade press. For each of those activities, a brief discussion of the assignments and approach is included. Timing also is an issue for discussion. TI's recommendation is that we begin to implement this plan as quickly as possible. Editorial Board Visits GOAL: Pitch editorial board visits to the top 50 newspapers in the U.S. The list of the editorial page editors -- with suggested assignments -- is Attachment A for your review and use. . For the "top" newspapers -- those of major influence and circulation -- you will note the assignment is for a team approach, with a representative from each company conducting the visit together. => For these top papers, TI will make the pitch and coordinate the schedule -- with assistance from each of the task force members from each organization. 2 . TI is compiling what has been written on the FDA/tobacco by each of these ~ and we will circulate that materials early next week. ~ cn

v cn a .a

~ Use this list as an additional base for distributing additional resources and for allied contacts as they develop. V. Advertising Columnists GOAL: Provide information on the impact of the FDA proposal to this group . TI is developing this list and will share it with the group next week. We are prepared to handle the distribution of materials to this group. V. Talk Radio GOAL: Provide the industiy's point of view during as many talk radio programs as possible. . The TI's list of top talk-radio shows is undergoing final review. => TI is prepared to pitch and conduct these interviews. VI. Trade Press GOAL: Ensure that the tobacco and allied industries trade press understand the importance of the FDA proposal and the issues involved. • Philip Morris has offered to take the first cut at trade press -- organizing a forum of reporters and editors for an industhy-wide presentation.

VII. Congressional districts GOAL: Orient and educate media in selected congressional districts to understand the broad implications of the proposed FDA regulations and utilize this increased media interest to build support for comment writing and communications from constitutents to their congressional offices. • STC to initiate effort by targeting districts in Pennsylvania, Wisconsin, Ohio, Kentucky and Tennessee.

III. Key Reporters GOAL: Provide a continuously responsive flow of information to reporters charged with covering the FDA/tobacco debate. • TI has compiled a list of "key reporters" (Attachment C) who have been covering the FDA/tobacco issue. Rather than split the list, TI will assume responsibility for distributing materials the group agrees should be distributed. ~ Distribute core-materials to each reporter with a letter indicating a continuing willingness to a~sist. => Keep reporters updated, routinely, with additional information. . This list of key reporters should be shared with allies and others concerned with the FDA proposal. IV. Science and Health Reporters GOAL: Provide science and health reporters at the top 100 newspapers with a core of information supporting industiy positions and keep them updated as appropriate. • TI has compiled a list of science and health reporters at the top 100 newspapers and major broadcast outlets -- this list is Attachment D. We suggest that TI be responsible for the science and health reporters. => Provide core materials to this group with an offering of assistance.

• Each organization is responsible for pitching and scheduling those visits once assignments are finalized. • This list should be circulated among the federal relations staff of each organization to determine if additional newspapers should be added in key locales. II. Columnists GOAL: Provide materials supporting the industiy's position to all columnists likely to write about the issue. • A list of columnists identified by TI as having written about the issue is Attachment B for your review. => TI will contact each columnist (either by phone or in writing) initially to share/offer additional infoitnation/views and will keep them updated with current information. ~ For those in italics, contact has already been made by a company representative who will continue those efforts. => TI will continue to update the list of columnists as additional stories appear.

t h e L% r o n t i e r Aiwiher exanpte of Prelident CBnlon's rtforts to klli the tnbarnn industry is a E98U,IIUU rJ.r®nt to Nnnhnrr_.pvrt Unfversiry tn, in ths vx+rds nf prnfsssor Richerd Daynerd, principle investipator, 'develop ;Vaicptcs to tMrart tlte M,LLyinp tacHns of thc tobpcrm Industry.' By thc way, Prefessor Daynard hae been an advacate of tobacco control polides sinoe the mid-70's. I wuutd sey Vtat qualifiea him = an "o6jective' researcher. Of cpww. ww me latkirtg about Ihi Clinton Administration where scientiBc data is less relevant than the paint tney'ru aflur. Thesa fwo absurd grants simply soratcn tne sunace. It mat StiUti,UUO and that 5850,000 of C3kpayet5 maney aJn be used to hve6tlqate the tobacco industry, iooic outt your industry cculd very walf be nea. ThCro is no Constitutlonaf h"s m.uUtority for their assault. Again, it is the battle 6elwesn those who be8eve in big gwemment and those whose pretenence is limited govemmnn!. It is Ine batCe between tnose who bNleve that one tax dollar is theirs to spend m eny wny and thnsw who would like that tax deliar reRrmed to the raxpaycr. To amakers or 5tasc who dotcat smokin4, funding thosc fodoral projocts to promote a politlcal modve is unetYuoal. Moreovet futtdinq tnese projects to single cut ana dxiroy a parocular industry is near aiminal. bYhfle the President goes after the tobacco industry with a vengeanee, tis adminislration happily uaes ather taxpayer dnllars to heneiit his political friends. Bet.veen JWy of 1993 and June of 19Ei4, tne Clinton AdminlaVednn nanoed the AF;_ ClO over t2 mllllon, the Natlonal Eduoadon Assccladon $395.000, the Toamstcrs ovar $3.5 mppen. What did Dcmouats get in n:turn from the happy Unionc? From 1988 to 1993, Unions gave Democrat Housa Mwnbt.rs t~,t57 milApn tv @Y1.7 fur P.rpu+Guns. lu Ihrt sano iime sywt, Uninns Oave pemorant Senate tandidates USlo million to qtS'f.5 mitlion for Republicans. In 1894, tne Cemocrabc Nanonal :lnmmittxe receivnd 5836 ,000 rrom unions and tne RcpuCliGan National Camminec n:mivcd, (arc you ready>) 6u. Nsir it is in a nutsitWl. Syritd I.visidy tu kik ~r indusLy in frua markut Anteriq and 9r>rn turn i3fOW1d ta give laFpYyel muriey tu you friunds. Bill Clintutr is truly amazing. I le finds nothing wrong with this scenano. Cvery single tax daier begins as the fnnts of someones labor tlsing taxpayer money to destroy an inaustry or help a palibCal tnend s wrbng and tlui Cllnron, had he any convlcoon, wcuW agrea. Malcolm Waflop fs a(ormer Repablican U.S. Senator from Wyoming who aenmd 16 years on the Finanae Commltleei ife is eunerrtly ehalnhan af F.onNaftil af Fneedam, a nan.proln eonso[~rtionai freedoma and property rlphta arpantZatlon In Arllnpton. Vlrp/n(a. :-]s n.na 1.mnsou Ims aLVi anm~m. ~a:1w r., wsar.t:fs r..t n;!>t~ nia+c

Attachment A EDITORIAL PAGE EDITORS TOP 50 NEWSPAPER MARKETS Robert L. Bartley TI to pitch: group Editorial Page Editor editorial board visit THE WALL STREET JOURNAL 200 Liberty Street New York, NY 10281 Ph: 212/ 416-2551 Fax:212/ 416-2658 8/25: A latent endorsement of Clinton;Federal government shouldn't be taking those steps, parents & private organizations do it better. Howell Raines TI to pitch: group Editorial Page Editor editorial board visit THE NEW YORK TIMES 229 W. 43rd Street New York, NY 10036-3959 Ph: 212/ 556-1875 Fax:212/ 556-3690 8/11: Endorses Clinton;Questions free speech infringement, especially "tombstone"ads. 8/23: Endorses Clinton; ABC at "heart" of FDA case; Doesn't renege substance of ABC's story, therefore, keep up regulatory pressure. 10/24: Endorses Clinton; "Peer Influence" and " ammonia" bolster FDA argument. Thomas Plate Editorial Page Editor LOS ANGELES TIMES Times Mirror Square Los Angeles, CA 90053 Ph: 213/ 237-7944 Fax:213/ 237-4712 TI to pitch: group editorial board visit 3/10 Endorses Clinton Cites early "addiction" and 400,000/year death figure as compelling "government intervention" to be a necessity. I

AU6111993 TfZ WALL STSEET JOURNAL FRIDAY, AUGUST II. 1995 AD1/EKi]9M/By REYUQaLr/w Agencies Are Gearing Up to Fight Proposed Tobacco Regulations MadWO Avmu wili be amm6t9e bis loeers it ttew tegulattotn ixopoeed hT the Cllnsoe admlbist[stlan thtl.drastlnYg tet s ~a ~dva~and Rn~os The atttdoos adveetisittg imra'p aud mig=ne qtdhhcs rt!y nmt heniry oaw agarene ads. In 1994. the tnbum in- dmtry spent St21.9 million in outdoor adt'etisag, ac mmfing for 12% of tt* mettlt~ s re.r mIli It is the see• ond btgtat spettler in outdtbr advertls- itq bebind entertainment and attuuL- ments And the tobecoo indttttry, speat Ud/.8 mdlbe 'lut year in inag+^^es asnuatlngfor119.ot the m•g+rn • ittlty ttTf taat te.enue But the «snictlnes al>lo r+ould hurt the ad and peotnotion ageaces that wort for the tnbe® mmpr nia. IndmCy executives are already ptr pumg to nght the tegulatbns proposed by the Fdod and Ontg Adntweaation. Sis trxde gtdtps, indtding the Asoesatlon of Nanottal Murdse[s and the Amsrtoa Aaodatnh ot MvertlsID6 Aeencle7, say they pf+tt !n fUe suit in federal court in Nurth Cuebae, c8tttenglng the propcole .Id.ertlmg ezavtlvesemaend that Me tr sutcttooe ue an tmmtWpttfomt inlrh~r ment ot free speeetL and MeY say the kga/ baale tnay drag bo lhmogh the turtt d tse CmbnY. Under t0e ptoposed tegmattam, oe!- dodr advertistg for eigerettes vauW be banned nmie t,tloi feet of xnoota anA WYgemmds. oguette edvertltiog in pub- IiatlmY ntn mote thae l5'!fr of tAer teederstafp cbifkhea and teeaa`es .aWe be umifd to iaCUdeottqt tea wtmattt anf ptcttnes or dnnttp, and beaad-name advertinbg would be banned oa prodttcts ont telated to tohecm ptoduets, svea u Tsairts and jacteta. Also, advetising at spordng evena would be restrtetN to text oo/Y on seadite bWboetds and tiaehs. The Marlboro Man, for exampte• would become an extinct iaon at stadums. There are ateeedy a number of aRnat that restrict tobacco adveRtLng. Tne exception: areaas that are. of rntsse, wtthm 1.17pp feet of a schod. in that tase. tabateen ad+et6ang would be forbidden ®nretY. Tbee ts m.rsr¢ thaLif wr2 Itmib ur placeA a= tahe®adve'tlttoaG, tbel~.era- menst sm't seop tneee_ say mediaa an[ adveaaoe eeeztttres. "'iLe next thing you Imaw the govero- toes[ wf11 put ice cream on the list of prodticts to regulate because it's kmwn to at•e higft chn/eateroi," says Kent Bttravldge, senior vice president of Wer CerA/edtaand general tnaaeger of ftnWng Stdoe, a Wentter Media publicatioa "If tuEVSo is so bad, why not ban it entirdy. These regulations are ridiculous. How can you trve somethfng that is legal and yet can't be adver(tsed?" dtagaunes amnmt for the bulk of tn. brrd atlverdaiog. but outdoor advertfstng nould be hurt the tttat If the ban is paued as ptoposed, "that will drive a stake ttnattgtt the hs+rt of outdoor advertising," says Hal Shoup. executive vice president of the American Association of Advertising Agencies. "BY not being ailowed wtthin IAOG feet of a playground or sC.hoot v7matty eum+n.ros outdoor advertising in dttec" Nancy Fletcher. president and duef executive officer of the Outdoor Ad- vertlsing Bureau. says that since 19% the industry has voluntardy restricted itself bot to carry tnbatto or liquor adveta.sing within 500 feet of churchesand scruoia. In 19Sd. the mat recent figures the ad iadtntry compded, the tnhacrn industry spem a total of S310Z million in adverbs- mr, a drop from n8Z1 million in 1982 t7nder the new proposals. billboards aud bOat tobacco ads wauld be tihuted to oNy text. Gone Wottld be pwten feann•ing stYtiehly dressed women for Virgittia SUms . and yupples having a grand old time in the backyard while taldng a drag on a Ne.port The proposed regulations wouldn't just ltmit media advertising. The FDA a6so ptopofes settfthtg out promotional efforts ftom tbEem cmtpame, induding the blgpqr staYesxfW tedfnique of p/aatering efptettelogos on everyttung frotn Itghten to T-sMtfs to b.seball caps. Philip Morrts, foritsstanee. has a valuable franchise with Its Marlboro Gear catalog, an offshoot of tt7 Marlboro Country Store catalog. A Philip Morns spokeswoman says the ttgWanons go ar eyo t ues o[ youm access. Our promotions are run in per (ectiY lawful means. We limit IMartboro Geerl to smokers over 21. We're mery mtteerned about the impact on our promo- 4o are the companies that create the pronkntotttl paraphernalia. "Clearly we aren't happy about these proposals." says Terry AngstadL executive vice president of Cyrt a compa+ay m Gbuxster, Mass.. ihat designs promotional products for . Philip Morrts, among others. "This is a freedom of choice issue for adults. if they want to purchase Marlboro products and are of the legal age, they should be allowed The Clinton adminisiratlon is also pto- Paang that the tobaaro Industry fund a f150INJBon annual education campaign to try to prevent people under iB years old fmm smofdng- That recalls 1971, when the television oetvarts and local stations were forced by the government under the equal time tegtdatiou, to give antismoking groups free air titne equtvalmt to the amount of tithe the tobacco industry received for its paid advertising. Because antismoking ads proved so effective, the tobacco companies eventually agreed to stop advertising on television. SportS . promotions are also targeted under the proposed regulations. Cigarette brandi would be prohibited from betng listed as an event sponsor. That wouid place such racing car events as :he W,.,,ton Cup in jeopardy, ~ays a spokes. woman for RJ. Reynolds Tobacco. The company coWd still place a Winston logo on a sports car. the spokeswoman says, as long as it is black and white" and not represennng the famtlfar red•and-wnue pacle Whtle the race could no longer be called the Winston Cup. it could be re- named the R.1. Reynolds Cup. But marketing executives say the regu- lations aren't expected to face smooth satling. "Tifis ktnd of sweeping regulation is very questionable under the constltu- non:" says Douglas J. Wood. an attorney spetlatiang in advertistng wtm the New Yort law firm Halt Dickler Kent Friedman & Wood and the author of "Please Be Ad-Vised: The LegalRaference Guide for the Adverbsmg Execudve." '"fltese restncnons are too broad. tney go over the top." hesays. "If you nave i problem with the product. :n this case cigarettes. address the product." Daniel 1. Iaffe. executive vice presr deot of the Associahon of National .4tlver tisets says the Clinton administration "is going much further down the censorship path than at any time in our history. These proposals constitute a virtual de facto ban on labacm advernstng.-' George Washington University law pro- fessorJohn Banzhaf, who led the fiqnt to get antismoking ads on television free ut charge in 1971. belim as the advertamk industry is off base in tts arguments. "•Ve restrict advemstng of drugs.' says Mr. Banzhaf. "If we are going to treat mcot:ne as a diug, then such restrtcttons are jusnfied and needed" Mr. 6anzhaf says the liquor industry doesn't protest its mabdity to sell sptnts m vending macntnes. tUnder the FDA pro- posal, ad cigarette vending macntnes wul be banned 1"It's runny" he says. "Things onty become uncvnsntmfonal when it ap• plles to the tobacco tndtt9try."

H.D.S. Greenway PM Editorial Page Editor BOSTON GLOBE 135 Morrissey Blvd., P.O. Box 2378 Boston, MA 02107-2378 Ph: 617/ 929-3222 Fax:617/ 929-3192 8/8: Endorses Clinton; Calls into question industry's truthfulness in past. Rachelle Cohen PM Editorial Page Editor BOSTON HERALD P.O. Box 2096, One Herald Square Boston, MA 02106-2096 Ph: 617/ 426-3000 X492 Fax:617/ 695-9949 8/1: Endorses Clinton;However, might lead to adult ban 8/I1: Latent endorsement of ClintonlBelieves Congress, not FDA, should solve problem. Karen Jurgensen Editorial Page Editor USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 Ph: 703/ 276-3784 Fax:703/ 247-3290 TI to pitch: group visit 7/20: Latent endorsement of Clinton;Uses adolescent access as fulcrum for government intervention;cites lax state Iaw(s). 8/10: Endorses Clinton 9/20: Continues to support Clinton;Calls ad ban "contrived scheme" between "useless & coun.terproductive." , ~

N. Don Wycliff RJR Editorial Page Editor CHICAGO TRIBUNE 435 N. Michigan Ave. Chicago, IL 60611-4041 Ph: 312/ 222-3431 Fax:312/ 222-3143 7/15 & 8/11: Latent endorsement of Clinton; FDA shouldn't regulate, Congress should legislate. Mark Hornung RJR Editorial Page Editor CHICAGO SUN-TIMES 401 N. Wabash Avenue Chicago, IL 60611-3593 Ph: 312/ 321-2958 Fax:312/ 321-3084 (Found no editorial position on FDA) Jan Eisner TI to pitch: group Editorial Page Editor editorial board visit PHILADELPHIA INQUIRER 400 N. Broad St. Philadelphia, PA 19130-4099 Ph: 215/ 854-4530 Fax:215/ 854-5553 (Abstracts only) Jerry Roberts RJR Editorial Page Editor SAN FRANCISCO CHRONICLE 901 Mission St. San Francisco, CA 94103-2988 Ph: 415/ 777-7182 Fax:415/ 512-8196 10/19: Endorses Clinton; No reservations on advertising ban. 2

Paul Harral B&W Editorial Page Editor FORT WORTH STAR-TELEGRP.M 400 W. Seventh St. Fort Worth, TX 76102-4793 Ph: 817/ 390-7836 Fax:817/390-7789 8/8: Endorses Clinton Joe Stroud TI Editorial Page Editor DETROIT FREE PRESS 321 W. Lafayette Detroit, MI 48226-2706 Ph: 313/ 222-6583 Fax:313/ 222=5981 (Abstracts only) Thomas Bray TI Editorial Page Editor DETROIT NEWS 615 W. Lafayette Blvd. Detroit, MI 48226-3197 Ph: 313/ 222-2544 Fax:313/ 222-2335 8/11: Equivocates on Clinton;Argues that FDA shouldn't be agency doing this by "executive fiat." -- it already has too much to do and has not managed its affairs well. If an_vthing, restrict-ons should be legislated. Frank Michel Editorial Page Editor HOUSTON CHRONICLE 801 Texas Ave. Houston, TX 77002 Ph: 713/ 220-7732 Fax:713/ 220-6677 PM 8/11: Endorses Clinton;Cites hypocrisy of role of federal government to growing (subsidizing) the croa, and now having to regulate it. 5

The Tax Dollar Diternma: Destroy Your Enomie5 or Fund Your Friends by Malmim Wapdp Waaqinqtoit has talotn such a beaiing in rteet+t decades beeaWile th3 r+nzens ot this ,yrwl uuunVy do not believe that the CongrfsS or the White House know the vrtuw ni a taY doller Oh. they say they do. It Is a grcat sound bito un the rampaµ7n trau, the new rresnman dasa in Con9n%ss seems to unearamnd Thoy havd held the IeadeRhlp'a faet to tha fire mmugh the wttirv budQot dCDate- We can only hopC that tfta frosntn3n stay vigilant, do not get seduved by Urv uapping's of Washingvon, and maintain a detenninatlon to twvp saurwi th+valur of the tax dollar, The (77ntOn F.AnvniAttatton =ld stand to tdKe a few lesaons from tne 1{apuouean House freutmen ir Lc nM a serosh to cay that Bill Cintvn'e 'edriu = - that tttC govemmwrt iv Wv nurWnlaid of all civz¢ns - has been whalefteartedty cmbtacod by 3I7 preeidanval and pafiGcai appou-taas. It is ram~rkat.ilv to what a broad it:dent that etmr. hM hr-en traneforme7 into govertYnent policy, Case in point The C6nton AdmtNutraborrs premiset Clqaratt6 smott0 Is b:d frw yatr haalM. Thd Clinton Adrninisua6wiv a, lsww? Distroy ttte tobacco InducGywittttytp+yw funds nrd protw:tus from oursatves. 'hY isiue of tobacco and itft affects art our hUhn i. N IRoirimatC issud, but t}te pvvwnmwlt's vrndetta singlng out an industry is quite anotner I em rnt Ju;r Mnnnp about the FDA nule to 'Imh thg tobacao industry's Firvt Arnvrrtirncat rights. I he proposed rDA Nie is 0 dengerous Caurac that BiII Clinton wiilin-yly chans, He and his ilk prefer palitits to Utv CunsGtuGon. The Fnt Amendmen* is a simple nuisanca, the Consttution an rmpedimwtt to e{Gcient r,tovemment We Amefi<slMA have berzme immune to 0ut Ie1YMkbrs :rtpQing away 31 our :-onstrlutionai rights, We nn Innpar la:h out whor, they whdtlv away al maria of nur frcadomS. 'Nhen AmenCans do lash uut at R~Ar governmant- they are Alamtsan nrd radicals, anarr38.~~s, rniGtia nnonitars, or srmply. the'angry tmeek-' NonvUtvl`ws, vvhen these attacks m our p.rsenef fTeetioma Me rlnne wrcn Uprpaycrs money, dl Arnwicmu must stand up and taka noed. Wlretlusf ycm like smoking or not your money is oein9 used to de;troy tttc AmerrrJxr eabneca industry. It you thlnk tt'.is is all right. juyl Unnk uf Utis. Do yau crNCy a nide thiCk steak on occasion? How about a Cold beer during a I wl ,ummer day ur u niu+ glass of wina during an eleCant rneal? I do andd in ranr I uCtJYiuually flnjoy a Cugar. IS k a stretcn to tNnk that ih;9 gnvcmment coud 3ttaUC other Amvriuarr industnes suC, as the meat inni or tna alcohel mdtqtry. Cn SvplwnbV I 19, 1005, dpprowmatGy 40 3nti-drinkurg ur4ani¢ations v.'ote to President Clmton aJltjnp for t11e FDA tlc bo applied to uuvvr Urv salv ot alcohol, as well. Arldtnat is how it lawgura. Qnee (1f• first fpark hnD a11 }H.enlina 6urns. ThC Clfnton Admlmsifation;umps irdn Bs nanny's role and bcWns spondtng taxpayer dWiars to "protad us alt fram "evil.!' of thair choosing. Jrl.r tMS ycnr, tne Natiartal Cartcw' Institute awarved a grant of $806.00171 tn StaUwr 3lantz, Ph.D. to "study tooecco in4utry pnGll cantnbutlons and 1hCir etfec3 un Iwisla4vo poliry in Caktoma The Nedonel Cartrwr Instltuta is a - -:6irntili4 hnrty nnt a politioN researal finn, In wtlat saentific rvalnr dw" the eludy of peiPocal contnOutions tau4 Funnermore, could NCt find cu1yvnv uwr4 tnescd tnan ontL smokfnQ ausader Glantc. Savaking to a canterpnrr. in April at tUS1u. Dr. Glantz remarked, "We are an a raq enrl Ina hastarda [tobLtCA iirduvUy] ate on the run and I urge you to hean rhn-vng them. in researchirlg scien4fic data one would assume that :redblC r;.`..^earen comes from 2 totally eblective appronon rn a plven project. Giving Di. Glmri~~ a grant to study the taoarLd industry Is akfn to the EEOC yiving Mar0. Furman a grant to stuAy race retannn.

Meg Greenfield TI to pitch: group visit " Editorial Page Editor WASHINGTON POST 1150 15th St., N.W. Washington, DC 20071-0002 Ph: 202/ 334-7473 Fax:202/ 334-5661 7/17: Latent endorsement of Clinton;Cites JAMA's Brown & Williamson documents to bolster argument. 7/27: Latent endorsement of Clinton;Cites Waxman's Philip Morris document reading to bolster argument. 8/4: Endorses FDA's tough stance;Slaps Administration to support more. 8/13: Endorses Clinton;Thinks Point-of-Sa1e restrictions of FDA proposal will work, but has doubts about ad restrictions. 10/5: Endorses Clinton;Calls tobacco regulation "inevitable" and mocks peer pressure argument. Tod Lindberg TI to pitch: group visit Editorial Page Editor WASHINGTON TIMES 3600 New York Ave., N.E. Washington, DC 20002-1996 Ph: 202/ 636-8815 Fax:202/ 832-2979 7/21: Opposes Clinton;Cites role of government argument; Jurisdictional problem;Leads to adult ban. 7/30: Opposes Clinton;Indicts "science" cited by Waxman. 8/14: Opposes Cliton;Use of motive of "children"; Cites '89 Surgeon General's report on lack of correllation between ads and consumption. Rena Pederson B&W Editorial Page Editor THE DALLAS MORNING NEWS 508 Young St. Dallas, TX 75202 Ph: 214/ 977-8259 Fax:214/ 977-8319 8/10: Endorses Clintcn;FDA rule is a "needed step" and advocates higher taxes 9/28: Endorses Clinton;Skewers Sen. Ford's bill and advocates Congress should side with Clinton 4

Charles Dunsire RJR SEATTLE POST INTELLIGENCER 101 Elliot Ave., West Seattle, WA 98119-4295 Ph: 206/ 448-8387 Fax:206/ 448-8166 8/12: Endorses Clinton;Calls proposal "sound". Susan Albright TI Editorial Page Editor STAR TRIBUNE 425 Portland Ave., South Minneapolis, MN 55488-0002 Ph: 612/ 673-4777 Fax:612/ 673-4359 8/11: Endorses Clinton;Even if it infringes on some First Amendment freedoms Ronald Clark TI Editorial Page Editor ST. PAUL PIONEER PRESS 345 Cedar Street St. Paul, MN 55101-1057 Ph: 612/ 228-5544 Fax:612/ 228-5500 (Abstracts only) Phil Gailey TI Editorial Page Editor ST. PETERSBURG TIMES 490 First Avenue, S. St. Petersburg, FL 33701 Ph: 813/ 893-8268 Fax:813/ 893-8111 8/7: Endorses Clinton;Suggests FDA regulation is more "clearly in the direction of banning adult use." 7

Ed Roberts TI Editorial Page Editor THE TAMPA TRIBUNE 202 S. Parker Street Tampa, FL 33606 Ph: 813/ 259-7784 Fax:813/ 259-7676 (Found nothing on FDA/teen smoking) Jim Hampton TI Editorial Page Editor MIAMI HERALD One Herald Plaza Miami, FL 33132-1693 Ph: 305/ 376-3520 Fax:900/ 988-4329 (Abstracts only) Michael P. McGough STC Editorial Page Editor PITTSBURGH POST-GAZETTE 34 Boulevard of the Allies Pittsburgh, PA 15222 Ph: 412/ 263-1343 Fax:412/ 391-8452 7/22: Opposes Clinton (agrees cigarettes are harmful - just ban them/FDA's rule is "overreaching" and, if anything, Congress should legislate a solution. Ed Higgins PM Editorial Page Editor ST. LOUIS POST-DISPATCH 900 N. Tucker Blvd. St. Louis, MO 63101-1099 Ph: 314/ 340-8387 Fax:314/ 340-3050 8/1: Endorses Clinton;Cites Waxman's reading of Philip Morris documents on nicotine experiemtns to bolster argument. 8/14: Endorses Clinton;Cites "best reason" to regulate tobacco is keeping teens from initiating smoking prior to 20 years of age. 8

Joseph Sterne TI Editorial Page Editor BALTIMORE SUN 501 N. Calvert St. Baltimore, MD 21278 Ph: 410/ 332-6040 Fax:410/ 752-6049 8/1: Endorses Clinton 8/14: Endorses Clinton;Hints that if FDA can regulate marketing, they can regulate adult usage, too. Also encourages Congress to legislate solution - but keep out of courts. Manning Pynn TI Editorial Page Editor ORLANDO SENTINEL 633 N. Orange Ave. Orlando, FL 32801-1349 Ph: 407/ 420-5408 Fax:900/ 288-6397 (Found nothing on FDA/teen smoking) Robert Kittle RJR THE SAN DIEGO UNION-TRIBUNE P.O. Box 191 San Diego, CA 92112-4106 Ph: 619/ 293-1746 Fax:619/ 293-1440 8/17: Opposes Clinton;Believes Congress should legislate solution/FDA rule "smacks of administrative overreach." John Zakarian STC Editorial Page Editor THE HARTFORD COURANT 285 Broad Street Hartford, CT 06115-2510 Ph: 203/ 241-6485 Fax:203/ 241-3865 7/21: Endorses Clinton 8/8: Endorses Clinton;Cites incident of minors receiving free samples after trading-in coupons to bolster argument. 10

Cynthia Tucker RJR ATLANTA CONSTITUTION 72 Marietta St., N.W. Atlanta, GA 30303-2804 Ph: 404/ 526-5084 Fax:404/ 526-5686 7/14: Endorses Clinton;Believes FDA should go further. 8/1: Endorses Clinton;Cites "mounting evidence" of nicotine's addictiveness to bolster argument. 8/11: Endorses Clinton;Lost revenue as a result of FDA rule and inevitable ban on adult usage is cited to bolster argument. James Wooten RJR Editorial Page Editor ATLANTA JOURNAL - CONSTITUTION 72 Marietta St., N.W. Atlanta, GA 30303-2804 Ph: 404/ 526-5308 Fax:404/ 526-5308 8/I1: Endorses Clinton;Believes Clinton should go further and current proposal is the "absolute minimum" that's acceptable. Brent Larkin STC Editorial Page Editor THE PLAIN DEALER 1801 Superior Ave., N.E. Cleveland, OH 44114-2192 Ph: 216/ 999-4145 Fax:216/ 999-6354 (Found no editorial position on Mindy Cameron Editorial Page Editor SEATTLE TIMES 1120 John St. Seattle, WA 98109-5321 Ph: 206/ 464-2773 Fax:206/ 382-6760 FDA) RJR 6/27/94: Doubts FDA has authority to regulate tobacco. True test of will to deal with tobacco is to be found in Congress -- by ending subsidies. 6

Peter Bronson STC Editorial Page Editor THE CINCINNATI ENQliIRER 312 Elm St. Cincinnati, OH 45202-2410 Ph: 513/ 768-8301 Fax:513/ 768-8340 8/10: Opposes Clinton;Calls porposal "wrong path to a worthy goa1." 9/5: Opposes Clinton;Calis for enforcement of existing state laws - legislate a solution. Rich Hood PM Editorial Page Editor THE KANSAS CITY STAR 1729 Grand Blvd. Kansas City, MO 64108-1458 Ph: 816/ 234-4885 Fax:816/ 234-4926 (Excerpts of W. Post's editorial position on FDA -- nothing original) Steve Ford PM Editorial Page Editor THE NEWS & OBSEVER 215 S. McDowell St. Raleigh, NC 27601-2929 Ph: 919/ 829-4512 Fax:919/ 829-4529 7/16: Endorses Clinton;Criticizes Governor Hunt's approach to Clinton's proposal. Sandra Roberts STC Editorial Page Editor THE TENNESSEAN 1100 Broadway Nashville, TN 37203-3116 Ph: 615/ 259-8000 Fax:615/ 259-8093 8/11: Endorses Clinton;Cites First Amendment concerns. Calls for a "compromise" between Members of Congress from tobacco states and Clinton. 12

Peter Schrag PM Editorial`Page Editor_. _. SACRAMENTO BEE P.O. Box 15779 Sacramento, CA 95852 Ph: 916/ 321-1908 Fax:916/ 321-1109 8/12: Endorses Clinton;Does have some First Amendment reservations. Paul J. Schatt B&W Editorial Page Editor THE ARIZONA REPUBLIC 120 E. Van Buren Phoenix, AZ 85004-2227 Ph: 602/ 271-8475 Fax:602/ 271-8044 8/12: opposes Clinton;Federal government shouldn't do this - parents should. Vincent Carroll TI Editorial Page Editor ROCKY MOUNTAIN NEWS 400 W. Colfax Avenue Denver, CO 80204-2694 Ph: 303/ 892-5477 Fax:900/990-7659 7/31: Endorses Clinton;Calls regulation of nicotine "probably inevitable." 8/14: Latent endorsement of Clinton;"Not if ... but how to regulate nicotine." - Criticizes regulation of legal product, free speech infringement not acceptable. Sue O'Brien TI Editorial Page Editor DENVER POST 1560 Broadway Denver, CO 80202-5177 Ph: 303/ 820-1010 Fax:303/ 820-1369 ,a .. 8/14: Endorses Clinton;Calls regulation "most important public v .. health achievement in past World War Ir era." C9 CA 0 m 9

Harry Fuller worth doing?? Editorial Page Editor THE SALT LAKE TRIBUNE 143 5. Main St. Salt Lake City, UT 84110-1917 Ph: 801/ 237-2800 Fax:801/ 521-9418 (Found no editorial position on FDA) Richard Laney worth doing?? Editorial Page Editor DESERET NEWS 30 E. First South Salt Lake City, UT 84111-1902 Ph: 801/ 237-2800 Fax:801/ 237-2121 Glen Alien Scott PM Editorial Page Editor THE VIRGINIAN-PILOT 150 W. Brambleton Ave. Norfolk, VA 23510-2075 Ph: 804/ 446-2000 Fax:804/ 446-2414 7/28: Endorses Clinton Lynnell Burkett PM Editorial Page Editor SAN ANTONIO EXPRESS-NEWS P.O. Box 2171 San Antonio, TX 78297-2171 Ph: 210/ 225-7411 Fax:210/ 225-8351 (Found no editorial position on FDA) Malcolm Forsyth discussion needed Editorial Page Editor THE TIMES-PICAYUNE 3800 Howard Ave. New Orleans, LA 70140 Ph: 504/ 826-3279 Fax:504/ 826-3007 (Found no editorial position on FDA) 14

David Vincent STC Editorial Page Editor THE COMMERCIAL APPEAL 495 Union Ave. Mephis, TN 38103-3221 Ph: 901/ 529-2322 Fax:901/ 529-2522 B/11: Latent endorsement of Clinton;Believes higher excise taxes enacted by states is the solution - not a role for the federal government. Patrick McGuigan STC Editorial Page Editor THE DAILY OKLAHOMAN P.O. Box 25125 Oklahoma City, OK 73125-0125 Ph: 405/ 475-3311 Fax:405/ 475-3183 8/19: Latent endorsement of Clinton;Should legislate a solution, not do it by executive fiat. Jack Brubaker STC Editorial Page Editor LANCASTER NEW ERA 8 W. King Lancaster, St. PA 17603-3809 Ph: 717/ 291-8733 Fax:717/ 399-6506 (Found no editorial position on FDA) Randy Schultz TI Editorial Page Editor THE PALM BEACH POST 2751 S. Dixie Highway West Palm Beach, FL 3405-1298 Ph: 407/ 820-4100 Fax:407/ 820-4136 8/15: Endorses Clinton;Real reservations on First Amendment Grounds. 15

Richard Carson STC Editorial Page Editor THE COLUMBUS DISPATCH 34 S. Third Street Columbus, OH 43215-4241 Ph: 614/ 461-5000 Fax:614/ 461-7580 (Found no editorial position on FDA) Thomas Inman TI Editorial Page Editor THE NEWS 305 S. Main Street Greenville, SC 29602 Ph: 803/ 298-4100 Fax:803/ 298=4395 (Not available) Joseph Crawford TI Editorial Page Editor GRAND RAPIDS PRESS 155 Michigan Street N.W. Grand Rapids, MI 49503-2353 Ph: 616/ 459-1400 Fax:616/ 459-1409 7/24: Latent endorsement of Clinton;Federai government has no role. States and parents do. First Amendment problems. 8/21: Opposes Clinton;Emphasizes state enforcement of existing laws; Leads to "adult ban" and "slippery slope." Barbara Ireland TI Editorial Page Editor THE BUFFALO NEWS One News Plaza Buffalo, NY 14240 Ph: 716/ 849-3434 Fax:716/ 856-5150 7/17: Endorses Clinton;Worries FDA won't go far enough due to political climate. Calls industry U.S.'s "other drug lords." 13

Robert Whitcomb RJR Editorial Page Editor THE PROVIDENCE JOURNAL 75 Fountain St. Providence, RI 02902-0003 Ph: 401/ 277-7000 Fax:401/ 277-7346 8/27: Endorses Clinton,,First Amendment reservations. Enforce existing state laws regarding minor possession/consumption. Dave DuBuisson RJR Editorial Page Editor NEWS & RECORD P.O. Box 20848 Greensboro, NC 27420-0848 Ph: 910/ 373-7037 Fax:910/ 373-7382 (Not available) John D. Gates RJR Editorial Page Editor WINSTON-SALEM JOURNAL 416-20 N. Marshall St. Winston-Salem, NC 27102-3159 Ph: 910/ 727-7211 Fax:910/ 727-7315 (Found no editorial position on FDA) Keith Runyon STC/B&W Editorial Page Editor THE COURIER-JOURNAL 525 W. Broadway, P.O. Box 740031 Louisville, KY 40201 Ph: 502/ 582-4011 Fax:502/ 582-4075 10/1: Endorses Clinton 16

Bill Hume - B&W Editorial Page Editor ALBUQUERQUE JOURNAL 7777 Jefferson, N.E. Albuquerque, NM 87109-4360 Ph: 505/ 823-7777 Fax:505/ 823-3994 (Found no editorial position on FDA) 17

John Lyst STC Editorial Page Editor THE INDIANAPOLIS STAR P.O. Box 145 Indianapolis, IN 46206-0145 Ph: 317/ 633-9172 Fax:317/ 633-1233 7/24: Opposes Clinton;Excoriates Kessler and cites FDA's ineffectiveness and lack of need for regulatory solution support argument. to 7/31: opposes Ciinton;Advocates higher excise taxes rather than regulatory solution. Robert Landauer Editorial Page Editor THE OREGONIAN 1320 S.W. Broadway Portland, OR 97201-3499 Ph: 503/ 221-8157 Fax:503/ 227-5306 PM (Not available) David Behrendt, Sue Ryon Editorial Page Editors MILWAUKEE JOURNAL SENTINEL 333 W. State St. Milwaukee, WI 53203-1309 Ph: 414/ 224-2000 Fax:414/ 224-2047 B&W 8/13: Endorses Clinton;Called an "effective" resgonse, and calls First Amendment reservations "reasonable." Ed Williams PM Editorial Page Editor THE CHARLOTTE OBSERVER 600 S. Tryon St. Charlotte, NC 28202-1800 Ph: 704/ 358-5012 Fax:704/ 358-5022 1l

Mr. Dave Shiflett Columnist ROCKY MOUNTAIN NEWS 400 W. Colofax Avenue Denver, CO 80Z04-2694 303/892-5000 Mr. Tony Snow Columnist CREATORS SYNDICATE 5777 West Century Boulevard Suite 700 Los Angeles, CA 90045 310/337-7003 Mr. Walter Williams Columnist THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002-1996 202/636-3000 Ms. Mona Charen Columnist CREATORS SYNDICATE 5777 West Century Boulevard Suite 700 Los Angeles, CA 90045 310/337-7003 Mr. William Rusher Columnist THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002-1996 202/636-3000 Mr. Samuel Francis Columnist THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002-1996 202/636-3000 Mr. Jeffry Hart Columnist THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002-1996 202/636-3000 2

Mr. Stephen Chapman Columnist CREATORS SYNDICATE 5777 West Century Blvd. Suite 700 Los Angeles, CA 90045 310/337-7003 Mr. Alex Beam Columnist THE BOSTON GLOBE 135 Morrisey Blvd. Boston, MA 02107-2378 617/929-2000 Mr. John Carroll Columnist THE BOSTON GLOBE 135 Morrisey Blvd. Boston, MA 02107-2378 617/929-2000 Mr. Al Giordano Reporter THE BOSTON PHOENIX 126 Brookline Ave. Boston, MA 02215 617/536-5390 Mr. Mike Barnicle Columnist THE BOSTON GLOBE 135 Morrisey Blvd. Boston, MA 02107-2378 617/929-2000 Mr. William Raspberry Columnist THE WASHINGTON POST 1150 15th Street, NW Washington, DC 20071-0002 202/334-6000 Mr. Charles Krauthammer Columnist THE WASHINGTON PAST 1150 15th Street, NW Washington, DC 20071-0002 202/334-6000 3

Mr. Jerry Heaster Columnist KANSAS CITY STAR 1729 Grand Avenue Kansas City, MO 64108 816/234-4141 Mr. John Marks Columnist THE PHOENIX GAZETTE 120 E. Van Buren Phoenix, AZ 85004-2227 602/271-8632 Mr. Robert Dietz Columnist SACRAMENTO SEE P.O. Box 15779 Sacramento, CA 95852 916/321-1001 Ms. Nickie McWhirter Columnist DETROIT NEWS and FREE PRESS 615 West Lafayette Blvd. Detroit, MI 48226-3197 313/222-2300 R. Emmett Tyrell Columnist THE AMERICAN SPECTATOR P.O. Box 549 Arlington, VA 22216-0549 703/243-3733 Mr. Christopher Caldwell Reporter THE AMERICAN SPECTATOR P.O. Box 549 Arlington, VA 22216-0549 703/243-3733 Mr. Bonner R. Cohen HUMAN EVENTS 422 First Street, SE Washington, DC 20003-1862 202/546-0856 Mr. Andrew Ferguson Reporter THE WASHINGTONIAN 1828 L. Street, NW #200 Washington, DC 20036-5169 202/296-3600 6

Mr. Mike Royko columnist THE CHICAGO TRIBUNE 435 N. Michigan Ave. Chicago, IL 60611-4041 312/222-3232 Mr. Jon Margolis Columnist CHICAGO TRIBUNE 435 N. Michigan Ave. Chicago, IL 60611-4041 312/222-3232 Mr. Bruce Herschensohn Columnist THE LOS ANGELES TIMES Times Mirror Square Los Angeles, CA 90053 213/237-5000 Mr. Sidney Zion Columnist NEW YORK DAILY NEWA 220 E. Main Street New York, NY 12953-1918 518/483-4700 Mr. Joe Urschel Columnist USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703/276-3400 Ms. Barbara Roessner Columnist HARTFORD COURANT 285 Broad Street Hartford, CT 06115-2510 203/241-6200 Mr. Dick Feagler Columnist CLEVELAND PLAIN DEALER 1801 Superior Avenue, NE Cleveland, OH 44114-2192 216/344-4500 5

Mr. Jacob Sullum Columnist REASON 3415 S. Sepulveda Blvd. Los Angeles, CA 90034 310/391-2245 Ms. Florence King Columnist NATIONAL REVIEW 150 E. 35th Street New York, NY 10016-4178 212/679-7330 Mr. William F. Buckley Columnist NATIONAL REVIEW 150 E. 35th Street New York, NY 10016-4178 212-679-7330 Mr. Richard Corliss Columnist TIME Time-Life B1dg., Rockefeller Center New York, NY 10020 212/522-1212 Mr. Richard Minter Columnist HUMAN EVENTS 422 First Street, SE Washington, DC 20003-1862 202/546-0856 Mr. P.J. O'Rourke Columnist ROLLING STONE 1290 Avenue of the Americas, 2nd Floor New York, NY 10104 212/484-1616 Ms. Debra Goldman Columnist ADWEEK 49 East 21st Street New York, NY 10010-6213 212/536-5336 Mr. Morton Kondrack Columnist ROLL CALL 900 2nd Street NE, # 107 Washington, DC 20002-3557 202/289-4900 7

Attachment C Key-Reporters FDA Coverage Hilary Stout TI WALL STREET JOURNAL 1025 Connecticut Avenue, N.W. Suite 800 - Washington, DC 20036. PH: 202/862-9200 FAX: Laurie McGiniey TI WALL STREET JOURNAL 1025 Connecticut Avenue, N.W. Suite 800 Washington, DC 20036 PH: 202/862-9200 FAX: Milo Geyelin (beat: Legal) TI WALL STREET JOURNAL 1025 Connecticut Avenue, N.W. Suite 800 Washington, DC 20036 PH: 202/862-9200 FAX: Timothy Noah (beat: Politics) TI WALL STREET JOURNAL 1025 Connecticut Avenue, N.W. Suite 800 Washington, DC 20036 PH: 202/862-9200 FAX: John Schwartz TI THE WASHINGTON POST 1150 15th Street, N.W. Washington, DC 20071 202/334-6000 FAX: 1

Attachment B (FAIR & FAVORABLE) COLUMNISTS Mr. John Shanahan THE HERITAGE FOUNDATION 214 Massachusetts Avenue, NE Washington, DC 20002 202/546-4400 Mr. Ronald A. Taylor Reporter THE WASHINGTON TIMES 3600 New Yark Avenue, NE Washington, DC 20002 202/636-3000 Mr_ Matthew C. Hoffman COMPETITIVE ENTERPRISE INSTITUTE 1001 Connecticut Avenue, NW Suite 1250 Washington, DC 20036 202/331-1010 Mr. Norman B. Ture INSTITUTE FOR RESEARCH ON THE ECONOMIgS OF TAXATION 1300 19th Street, NW Suite 240 Washington, DC 20036 202/463-1400 Mr. Joseph Perkins Columnist SAN DIEGO UNION-TRIBUNE P.O. BOX 191 San Diego, CA 92112-4106 619/299-3131 Mr. Robert Scheer Columnist LOS ANGELES TIMES Times Mirror Square Los Angeles, CA 90053 213/237-5000 Mr. Peter Pfabe Reporter INVESTORS BUSINESS DAILY 12655 Beatrice Street Los Angeles, CA 90066 310/448-6000 (main) 310/448-6359 (direct) Mr. Chris Warden Editor INVESTORS BUSINESS DAILY 12655 Beatrice Street Los Angeles, CA 90066 310/448-6000 (main) 1

Ms. Adrian-Peracchio Columnist " NEWSDAY 235 Pinelawn Road Long Island, NY 11747 516/454-2020 Mr. Sydney H. Schanberg Columnist NEWSDAY 235 Pinelawn Road Long Island, NY 11747 516/454-2020 Mr. Harry Berkowitz Reporter NEW YORK NEWSDAY 2 Park Avenue New York, NY'10016-5679 212/251-6800-- Mr. Russell Baker Columnist THE NEW YORK TIMES 229 W. 43rd Street New York, NY 10036-3959 212/251-6800 Mr. Jerry Bishop Reporter THE WALL STREET JOURNAL 200 Liberty Street New York, NY 10281 212/416-2000 Mr. Matthew Carolan Editor NATIONAL REVIEW 150 E. 35th Street New York, NY 10016-4178 212/679-7330 Mr. William Murchinson Columnist DALLAS MORNING NEWS 508 Young Dallas, TX 75202 224/977-8222 4

Cindy Skrzycki TI THE WASHINGTON POST 1150 15th Street, N.W. Washington, DC 20071 202/334-6000 FAX: Ann Devroy (beat: White House) THE WASHINGTON POST 1150 15th Street, N.W. Washington, DC 20071 202/334-6000 FAX: Paul Fahri (beat: Ads & Marketing) THE WASHINGTON POST 1150 15th Street, N.W. Washington, DC 20071 202/334-6000 FAX: Joyce Price TI THE WASHINGTON TIMES 3600 New York Avenue, N. E. Washington, DC 20002 202/636-3000 FAX: 202/523-0859 Karen Riley TI THE WASHINGTON TIMES 3600 New York Avenue, N.E. Washington, DC 20002 202/636-3000 FAX: 202/523-0859 2

David Dahl TI ST. PETERSBURG TIMES 490 First Avenue, S. St. Petersburg, FL 33701 813/893-8111 FAX: 813/893-8675 Richard Sullivan STC THE INDIANAPOLIS NEWS 307 N. Pennsylvania Street Indianapolis, IN 46204 317/633-1240 FAX: 317/630-9549 Karen R. Long STC THE PLAIN DEALER 1801 Superior Avenue, N.W. Cleveland, OH 44114-2192 Bob Hohler PM THE BOSTON GLOBE 135 Morrissey Boulevard Boston, MA 02107 617/929-2000 FAX: 617/929-3192 Tom Mashberg PM THE BOSTON HERALD One Herald Square Boston, MA 02106 617/426-3000 FAX: 617/695-9949 Leonard Greene PM THE BOSTON HERALD One Herald Square Boston, MA 02106 617/426-3000 FAX: 617/695-9949 4

J. Jennings Moss - TI THE WASHINGTON TIMES 3600 New York Avenue, N.E. Washington, DC 20002 202/636-3000 FAX: 202/523-0859 Frank J. Murray TI THE WASHINGTON TIMES 3600 New York Avenue, N.E. Washington, DC 20002 202/636-3000 FAX: 202/523-0859 Anita Manning TI USA TODAY 1000 WiIson Boulevard Arlington, VA 22229 703/276-3400 FAX: Dottie Enrico TI USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703/276-3400 FAX: Bruce Horovitz (beat: Ads & Marketing) USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703/276-3400 FAX: Myron Levin TI LOS ANGELES TIMES Times Mirror Square Los Angeles, CA 90053 213/237-5000 FAX: 213/237-7001 3

Andrea Sachs RJR ADVERTISING AGE 814 Nationat Press Building Washington, DC 20045 202/662-7200 FAX: 202/638-3155 Ron Scherer TI THE CHRISTIAN SCIENCE MONITOR 910 16th Street, N.W. Washington, DC 20006 202/785-4400 FAX: 202/223-3476 Marc Sandalow RJR THE SAN FRANCISCO CHRONICLE 1085 National Press Building Washington, DC 20045 202/628-6381 FAX: 202/347-3758 Paul Richter LOS ANGELES TIMES 1875 I Street, N.W. Suite 1100 Washington, DC 20006 202/293-4650 FAX: 202/887-1050 TI Elizabeth Shogren TI LOS ANGELES TIMES 1875 I Street, N.W. Suite 1100 Washington, DC 20006 202/293-4650 FAX: 202/887-1050 6

Glenn Collins - TI NEW YORK TIMES 229 W. 43rd Street New York, NY 10036 212/556-1234 FAX: 212/556-3690 Cindi Andrews RJR NEWS & RECORD P.O. Box 20848 Greensboro, NC 27420 910/373-7037 FAX: 910/373-7382 Ray Bayley B & W WISCONSIN STATE JOURNAL 1901 Fish Hatchery Road Madison, WI 53713 608/252-6100 FAX: 608/252-6119 Walter L. Fields PM THE RECORD 150 River Street Hackensack, NJ 07601 201/646-4000 FAX: 201/646-4135 Harry Berkowitz PM NEWSDAY 235 Pinelawn Road Melville, NY 11747 516/842-2020 FAX: 516/454-2953 Ira Teinowitz RJR , ADVERTISING AGE 740 N. Rush Street Chicago, IL 60611 312/649-5200 5

Marlene Cimons TI LOS ANGELES TIMES 1875 1 Street, N.W. Suite 1100 Washington, DC 20006 202/293-4650 FAX: 202/887-1050 Leo Rennert, Bureau Chief PM SACRAMENTO BEE 624 National Press Building Washington, DC 20045 202/662-8740 FAX: 202/662-8738 William Neikirk RJR CHICAGO TRIBUNE 1615 L Street, N.W. Suite 300 Washington, DC 20036 202/785-9430 FAX: 202/833-8348 Carl M. Cannon TI THE BALTIMORE SUN 1627 K Street, N.W. Suite 1100 Washington, DC 20006 202/452-8250 FAX: 872-9327 Kathleen Best PM ST. LOUIS POST-DISPATCH 1701 Pennsylvania Avenue, N.W. Suite 550 Washington, DC 20006 202/298-6880 FAX: 202/342-1858 7

Todd Purdum TI THE NEW YORK TIMES 1627 I Street, N.W. Washington, DC 20006 202/862-0300 FAX: 2021862-0340 Philip J. Hilts TI THE NEW YORK TIMES 1627 I Street, N.W. Washington, DC 20006 202/862-0300 FAX: 202/862-0340 Greg McDonald RJR THE HOUSTON CHRONICLE 1341 G Street, N.W. Suite 201 Washington, DC 20005 202/393-6880 FAX: 202/393-6889 Kathy Lewis RJR THE DALLAS MORNING NEWS 1012 National Press Building Washington, DC 20045 202/662-7575 FAX: 202/662-7590 WIRE/NEWS Services: Lauran Neergaard TI ASSOCIATED PRESS 2021 K Street, N.W. Washington, DC 20006 202/828-6468 FAX: 202/835-1584 8

Nancy Benac_ TI ASSOCIATED PRESS 2021 K Street, N.W. Washington, DC 20006 202/828-6468 FAX: 202/835-1584 Richard Carelli TI ASSOCIATED PRESS 2021 K Street, N.W. Washington, DC 20006 202/828-6468 FAX: 202/835-1584 Ron Fournier _ TI ASSOCIATED PRESS 2021 K Street, N.W. Washington, DC 20006 202/828-6468 FAX: 202/835-1584 Robert Trautman TI REUTERS 1333 H Street, N.W. Suite 410 Washington, DC 20006 202/898-8300 FAX: 202/898-8383 Laurence McQuillan TI REUTERS 1333 H Street, N.W. Suite 410 Washington, DC 20006 202/898-8300 FAX: 202/898-8383 9

i Bob Geiger TI KNIGHT-RIDDER NEWS SERVICE 700 National Press Building Washington, DC 20045 202/383-6000 FAX: 202/383-6075 Deborah Mathis TI GANNETT NEWS SERVICE 1000 Wilson Boulevard Arlington, VA 22229 703/276-5800 FAX: 703/558-3813 - Elizabeth Neus TI GANNETT NEWS SERVICE 1000 Wilson Boulevard Arlington, VA 22229 703/276-5800 FAX: 703/558-3813 11

Attachment D HEALTH & SCIENCE WRITERS DAILY NEWSPAPERS -TOP 50 MARKETS Mr. Tim Friend Medical Editor USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703-276-3400 Fax: 703-247-3134 Mr. Dennis Kelly Health Editor USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703-276-3400 Fax: 703-247-3134. Ms. Judi Hasson Health Reporter USA TODAY 1000 Wilson Boulevard Arlington, VA 22229 703-276-3400 Fax: 703-247-3134 Mr. Frank Jackman NEW YORK DAILY NEWS 1615 M Street, NW Suite 720 Washington, DC 20036 202-467-6670 Fax: 202-331-006 2 Mr. Joe Nicholson Science Editor NEW YORK DAILY NEWS 220 East 42nd Street New York, NY 10017 212-210-2100 Fax: 212-682-4953

Susan Cornwell TI REUTERS 1333 H Street, N.W. Suite 410 Washington, DC 20006 202/898-8300 FAX: 202/898-8383 David Lawsky TI REUTERS 1333 H Street, N.W. Suite 410 Washington, DC 20006 202/898-8300 FAX: 202/898-8383 Paul Basken TI UNITED PRESS INTERNATIONAL 1400 Eye Street, N.W. Washington, DC 20005 202/898-8000 FAX: 202/898-8057 Amy Bayer TI COPLEY NEWS SERVICE 1100 National Press Building Washington, DC 20045 202/737-6960 Shankar Vedantam TI KNIGHT-RIDDER NEWS SERVICE 700 National Press Building Washington, DC 20045 202/383-6000 FAX: 202/383-6075 Robert A. Rankin TI KNIGHT-RIDDER NEWS SERVICE 700 National Press Building Washington, DC 20045 202/383-6000 FAX: 202/383-6075 10

Ms. Liz Bass Science Editor NEW YORK NEWSDAY 2 Park Avenue New York, NY 10016-5695 212-251-6800 Fax: 212-696-0487 Mr. Roger Field Science Editor NEW YORK POST 210 South Street New York, NY 10002 212-815-8000 Fax: Z12-815-8676 Mr. Philip Hilts THE NEW YORK TIMES 16271 Street, NW 7th Floor Washington, DC 20036 202-862-0300 Fax: 202-862-0340 Ms. Gina Kolata Medical Writer THE NEW YORK TIMES 229 W. 43rd Street New York, NY 10036-3959 212-556-1234 Fax: 212-556-3690 Mr. Robert Pear Reporter THE NEW YORK TIMES 1627 Eye Street, NW 7th Floor Washington, DC 20036 202-862-0344 Fax: 202-8 62-0340 2

Mr. Carl Hulse Bureau Chief THE NEW YORK TIMES 1627 I Street, NW 7th Floor Washington, DC 20036 202-862-0300 Fax: 202-862-0340 Mr. Michael Waldholz Health Reporter THE WALL STREET JOURNAL 200 Liberty Street World Financial Center 10th Floor New York, NY 10281 212-416-2000 Fax: 212-416-2658 Mr. Henry Oden News Editor THE WALL STREET JOURNAL 1025 Connecticut Avenue, NW Suite 800 Washington, DC 20036 202-862-9200 Fax: 202-862-9266 Ms. Hillary Stout Health Reporter THE WALL STREET JOURNAL 1025 Connecticut Avenue, NW Suite 800 Washington, DC 20036 202-862-9233 Fax: 202-862-9266 Ms. Joan Whitlow Medical/Health Editor THE STAR-LEDGER One Star Ledger Plaza Newark, NJ 0 71 02-1 200 201-877-4141 Fax: 201-643-4945 3

Ms. Marlene Cimons Health Reporter LOS ANGELES TIMES 1875 1 Street, NW #1100 Washington, DC 20006 202-293-4650 Fax: 202-887-1050 Mr. Terry Wimmer Editor THE ORANGE COUNTY REGISTER 625 North Grand Avenue Santa Ana, CA 92701 714-835-1234 Fax: 714-543-3904 Mr. Tom McNamee Science & Technology Reporter CHICAGO SUN-TIMES 401 N. Wabash Chicago, IL 60611 312-321-3000 Fax: 312-321-3084 Mr. Bob Condor Health/Fitness Writer CHICAGO TRIBUNE 435 N. Michigan Avenue Chicago, IL 606 1 1-4041 312-222-3232 Fax: 312-222-0236 Mr. Ronald Kotulak Medical/Health Editor CHICAGO TRIBUNE 435 N. Michigan Avenue Chicago, IL 60611-4041 312-222-3232 Fax: 312-222-3143 4

Ms. Carol Jouzaitis CHICAGO TRIBUNE 1325 G Street, NW Suite 200 Washington, DC 20005 202-785-9430 Fax: 202-824-8302 Ms. Mary Flannery Health Editor THE PHILADELPHIA DAILY NEWS 400 N. Broad Street Philadelphia, PA 19130 215-854-5900 Fax: 215-854-5524 Mr. Art Carey Health Writer THE PHILADELPHIA INQUIRER 400 N. Broad Street Philadelphia, PA 19130 215-854-2000 Fax: 215-8 54-479 5 Mr. Charles Petit Medical Reporter SAN FRANCISCO CHRONICLE 901 Mission Street San Francisco, CA 94103 415-777-1 1 1 1 Fax: 415-512-8196 Ms. Lisa Krieger Medical Reporter SAN FRANCISCO EXAMINER 110 Fifth Street San Francisco, CA 94120 415-777-2424 Fax: 415-777-2525 5

Ms. Sally Lehrman - Medical Writer SAN FRANCISCO EXAMINER 110 Fifth Street San Francisco, CA 94120 415-777-2424 Fax: 415-777-2525 Ms. Rachele Kanigel Medical/Health Reporter THE OAKLAND TRIBUNE 66 Jack London Square Oakland, CA 94607 510-208-6400 Fax: 510-208-6477 Ms. Racheile Kanigel Helath Reporter THE OAKLAND TRIBUNE 66 Jack London Square Oakland, CA 94607 510-208-6400 Fax: 510-208-6477 Ms. Jane Garreson Science/Medical Editor SAN JOSE MERCURY NEWS 750 Ridder Park Drive San Jose, CA 95190 408-920-5000 Fax: 408-288-8068 Mr. Alan Gathright Health Writer SAN JOSE MERCURY NEWS 750 Ridder Park Drive San Jose, CA 9 5 1 90-0001 408-920-5 642 Fax: 408-288-8060 6

Mr. Allen Bradford Health Editor THE WASHINGTON TIMES 3600 New York Avenue, N.E. Washington, DC 20002 202-636-3000 Fax: 202-832-0659 Ms. Liz LaClair Medical/health writer THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002-1996 202-636-3000 Fax: 202-269-3419 Ms. Marlene Johnson Features Assistant Editor THE WASHINGTON TIMES 3600 New York Avenue, NE Washington, DC 20002 202-636-3000 Fax: 202-269-3419 Jennifer Okamoto Health Writer THE DALLAS MORNING NEWS P.O. Box 655237 Dallas, TX 75265 214-977-8222 Fax: 214-977-8321 Ms. Carolyn Poirot Health Writer FORT WORTH STAR-TELEGRAM 400 W. Seventh Street Ft. Worth, TX 76102-4793 817-390-7400 Fax: 817-390-7257 9

Mr. Michael Lasalandra Medical Reporter BOSTON HERALD P.O Box 2096 Boston, MA 02106-2096 617-426-3000 Fax: 617-542-1315 Mr. Nils Bruzelius Medical/Health Writer THE BOSTON GLOBE P.O. Box 2378 Boston, MA 02107 617-929-2000 Fax: 617-929-2019 Mr. Peter Gosselin THE BOSTON GLOBE 1130 Connecticut Ave., NW Suite 560 Washington, DC 20036 202-857-5050 Fax: 202-857-5076 Ms. Alice Hummer Science/Technology Editor THE CHRISTIAN SCIENCE MONITOR One Norway Street Boston, MA 021 1 5-31 22 617-450-2000 Fax: 617-450-2424 Mr. Marshall Ingwerson Health Writer THE CHRISTIAN SCIENCE MONITOR 910 16th Street, NW Washington, DC 20006 202-785-4400 Fax: 202-223-3476 7

Ms. Lanedra Carroll Health Editor ATLANTA JOURNAL 72 Marietta Street Atlanta, GA 30303 404-526-5151 Fax: 404-526-5819 Mr. Nick Tate Editor THE ATLANTA JOURNAL-CONSTITUTION 72 Marietta Street, NW Atlanta, GA 30303-2804 404-526-5151 Fax: 404-526-5509 Ms. Joan Mazzolini Medical Writer THE PLAIN DEALER 1801 Superior Avenue Cleveland, OH 44114 216-999-5000 Fax: 216-999-6354 Ms. Laura Yee Health/Nutrition Writer THE PLAIN DEALER 1801 Superior Avenue Cleveland, OH 44114 216-999-5000 Fax: 216-999-6354 Mr. Tom Paulson Medical & Health Writer SEATTLE POST-INTELLIGENCER 101 Elliot Avenue, W. Seattle, WA 98 1 1 9-4220 206-448-8000 Fax: 206-448-8318 11

Mr. Rick Weiss Health/Medical Reporter THE WASHINGTON POST 1150 15th Street, NW Washington, DC 20071 202-334-6000 Fax: 202-334-6471 Ms. Abigail Trafford health magazine editor THE WASHINGTON POST 1150 15th Street, NW Washington, D.C. 20071 202-334-6000 Fax: 202-334-6471 Ms. Dana Priest Health reporter THE WASHINGTON POST 1150 1 5th St. NW Washington, D.C. 20071 202-334-6566 Fax: 202-334-6471 Ms. Lexie Verdon Assistant Health Editor THE WASHINGTON POST 1150 15th Street, NW Washington, D.C. 20071 202-334-6000 Fax: 202-334-6471 Ms. Sally Squires Medical/Health Reporter THE WASHINGTON POST 1150 15th Street, NW Washington, DC 20071 202-334-6000 Fax: 202-334-6471 8

Mr. Bill Laitner =" - Health/Medical Writer DETROIT FREE PRESS 321 W. Lafayette Blvd. Detroit, MI 48226-2706 313-222-6400 Fax: 313-222-2451 Mr. Jim Toben - Health/Medical Writer THE DETROIT NEWS 615 West Lafayette Blvd. Detroit, MI 48226 313-222-2300 Fax: 313-222-2451 Ms. Ruth Sorelle Medical/Health Writer HOUSTON CHRONICLE 801 Texas Avenue Houston, TX 77210 713-220-7171 Fax: 713-220-6806 Mr. Frank Bass Medical Reporter HOUSTON POST P.O.Bax 4747 Houston, TX 77210-4747 713-840-5600 Fax: 713-840-6722 Mr. Mike King Medical/health writer ATLANTA CONSTITUTION 72 Marietta Street, NW Atlanta, GA 30303-2804 404-526-5151 Fax: 404-526-5746 10

Mr. Warren King- Medical/Health Writer THE SEATTLE TIMES 1120 John Street Seattle, WA 98109-5321 206-464-21 1 1 Fax: 206-464-2261 Ms. Sharon Lane Food Editor THE SEATTLE TIMES P.O. Box 70 Seattle, WA 98111 206-464-2111 Fax: 206-464-2239 Ms. Elaine Porterfield Health Reporter THE NEWS TRIBUNE P.O. Box 11000 Tacoma, WA 98411 206-597-851 1 Fax: 206-597-851 1 Mr. Gordon Slovut Health Reporter STAR TRIBUNE 425 Portland Avenue, South Minneapolis, MN 55488 612-673-4000 Fax: 612-673-4359 Ms. Rhoda Fukushima Health Writer ST. PAUL PIONEER PRESS DISPATCH 345 Cedar Street St Paul, MN 55101 612-222-501 1 Fax: 612-228-5500 12

Mr. Steve Twedt- Heatth Editor PITTSBURGH POST-GAZETTE 50 Blvd. of the Allies Pittsburgh, PA 15230 412-263-1 100 Fax: 412-391-845 2 Mr. Roger Signor Reporter ST. LOUIS POST-DISPATCH 900 N Tucker Blvd. St. Louis, MO 63101 314-340-8000 Fax: 314-622-7093 Mr. Tom Philp Health Editor - THE SACRAMENTO BEE P.O. Box 15779 Sacramento, CA 95852 916-321-1000 Fax: 916-3 21-1 109 Mr. Dave Cannella Medical/Health Editor THE ARIZONA REPUBLIC 120 E. Van Buren Phoenix, AZ 8 5 004-2 22 7 602-271-8000 Fax: 602-271-8044 Ms. Jodie Snyder Health Reporter THE PHOENIX GAZETTE 120 E. Van Buren Phoenix, AZ 85004-2227 602-271-8000 Fax: 602-271-8 91 1 14

Ms. Kay Harvey Health Reporter ST. PAUL PIONEER PRESS DISPATCH 345 Cedar Street St Paul, MN 55101 612-222-501 1 Fax: 612-228-5500 Ms. Susan Thompson Health Reporter TAMPA TRIBUNE 202 S. Parker Street Tampa, Florida 33606 813-259-7951 Fax: 813-259-7676 Ms. Susan Thompson Health Editor THE TAMPA TRIBUNE 202 S. Parker Street Tampa, FL 33606-2395 813-259-7711 Fax: 813-259-7676 Ms. Sue Landry Health Writer ST. PETERSBURG TIMES P.0 Box 1 121 St. Petersburg, FL 33731 813-8 9 3-81 1 1 Fax: 813-892-2327 Ms. Sandy Jacobs Medical/Health Editor THE MIAMI HERALD One Herald Plaza Miami, FL 33132 305-350-2111 Fax: 305-376-2287 13

Mr. Bill Scandlon Medical Reporter ROCKY MOUNTAIN NEWS 400 W. Colfax Avenue Denver, CO 80204-2694 303-892-5000 Fax: 303-892-2841 Ms. Diane lachir Health Writer THE DENVER POST 1560 Broadway Denver, CO 8 0 20 2-5 1 77 303-820-1010 Fax: 303-820-1679 Ms. Ann Schrader Health Reporter THE DENVER POST 1560 Broadway Denver, CO 80202 303-820-1010 Fax: 303-820-1369 Ms. Lorena B1as Editor THE SUN 501 N. Calvert Street Baltimore, MD 21278 410-332-6000 Fax: 410-752-6049 15

Mr. Jon Bor Medical Writer THE SUN 501 N. Calvert Street Baltimore, MD 21278 410-332-6000 Fax: 410-752-6049 Ms. Lynda Robinson Lifestyle Editor THE SUN 501 North Calvert Street Baltimore, MD 21278 410-332-6000 Fax: 410-783-2519 Ms. Diana Sugg THE SUN 501 N. Calvert Street Baltimore, MD 21278 410-332-6000 Fax: 410-7 5 2-6049 Ms. Delthia Ricks Health/Medical Reporter THE ORLANDO SENTINEL 633 N. Orange Avenue Orlando, FL 32801-1349 407-420-5000 Fax: 1-900-288-NEWS (6397) Mr. Ed Wilks Medical/Health Editor DAYTONA BEACH NEWS-JOURNAL 901 Sixth Street Daytona Beach, FL 32117-8099 904-252-1 51 1 Fax: 904-258-8465 16

Mr. Eric Schoch- Health Reporter :. °` - - - . THE INDIANAPOLIS STAR P.O. Box 145 Indianapolis, IN 46206-0145 317-633-1240 Fax: 317-633-9423 Ms. Therese Bottomly Health/Medical Editor THE OREGONIAN 1320 S.W. Broadway Portland, OR 97201 503-221-8434 Fax: 503-294-4156 Mr. Spencer Heinz THE OREGONIAN-- - 1320 S.W. Broadway Portland, OR 97201 503-221-8327 Fax: 503-294-415 6 Ms. Therese Bottomly THE OREGONIAN 1320 S.W. Broadway Portland, OR 97201 503-221-8 327 Fax: 503-294-415 6 Mr. Joe Manning Health/Science Reporter MILWAUKEE SENTINEL 918 N. Fourth Street Milwaukee, WI 53201 414-224-2198 Fax: 414-224-2133 18

Mr. Rex Dalton Health Reporter THE SAN DIEGO UNION-TRIBUNE P.O. Box 191 San Diego, CA 921 1 2-41 06 619-299-3131 Fax: 619-293-1896 Mr. John McDonald THE HARTFORD COURANT 1730 Rhode Island Ave., NW Suite 300 Washington, DC 20036 202-822-8040 Fax: 202-822-8048 Mr. Frank Spencer Health Writer THE HARTFORD COURANT 285 Broad Street Hartford, CT 0 61 1 5-2 51 0 203-241-6200 Fax: 203-520-3865 Mr. Abe Katz Science/Environmental Editor NEW HAVEN REGISTER 40 Sargent Drive New Haven, CT 06511-5939 203-789-5200 Fax: 203-865-7894 Ms. Linda Gillis Health Reporter THE INDIANAPOLIS NEWS 307 N. Pennsylvania Street Indianapolis, IN 46204 317-633-1240 Fax: 317-633-1038 17

Mr. Phil Galewitz Health Reporter THE PATRIOT-NEWS 812 King Blvd. Harrisburg, PA 17101 717-255-8100 Fax: 717-255-8456 Ms. Stephanie Artero Medical Reporter THE PALM BEACH POST 2751 S. Dixie Highway West Palm Beach, FL 3340 5-1 298 407-820-4100 Fax: 407-820-4407 Ms. Felice Freyer Health Reporter THE PROVIDENCE JOURNAL 75 Fountain Street Providence, RI 02902-0003 401-277-7000 Fax: 401-277-7346 Ms. Natalie White Health Reporter THE STANDARD-TIMES 555 Pleasant Street New Bedford, MA 02742 508-997-741 1 Fax: 508-997-7491 Mr. John Nagy Health Reporter NEWS & RECORD P.O. Box 20848 Greensboro, NC 27420 910-373-7001 Fax: 910-373-7382 23

Ms. Marilyn Marchione Health Reporter THE MILWAUKEE JOURNAL-SENTINEL 333 W. State Street Milwaukee, WI 53 203-1 30 9 414-224-2000 Fax: 414-224-2133 Mr. David Holthaus Health/Medical Editor CINCINNATI POST 125 E. Court Street Cincinnati, 01-f 45202 513-352-2775 Fax: 513-6Z1-3962 Mr. Tim Bonfield Medical Reporter THE CINCINNATI ENQUIRER 312 Elm Street Cincinnati, OH 45202 513-721-2700 Fax: 513-768-8340 Ms. Susan MacDonald Medical/Health Editor THE CINCINNATI ENQUIRER 312 Elm Street Cincinnati, OH 45202 513-721-2700 Fax: 513-621-3962 Mr. Alan Bazley Health/Medical Editor THE KANSAS CITY STAR 1729 Grand Boulevard Kansas City, MO 64108 816-234-4141 Fax: 816-234-4926 19

Mr. Don Fineley _ Medical Writer SAN ANTONIO EXPRESS-NEWS P.O. Box 2171 San Antonio, TX 78297-2171 210-225-741 1 Fax: 210-225-8351 Mr. John Pope Staff Writer THE TIMES PICAYUNE 3800 Howard Avenue New Orleans, LA 71040 504-826-3279 Fax: 504-826-3007 Ms. Mary Powers _ Health Reporter THE COMMERCI_AL APPEAL P.O. Box 334 Memphis, TN 38101 901-529-2581 Fax: 901-529-2522 Mr. David Page Health Editor JOURNAL RECORD PUBLISHING CO. 621 N. Robinson Oklahoma City, Oklahoma 73102 405-278-6077 Fax: 405-278-6907 Ms. Karen Kalinka Health Editor OKLAHOMA CITY DAILY OKLAHOMAN 9000 N. Broadway Oklahoma City, Oklahoma 73114 405-475-331 1 Fax: 405-475-3183 22

Mr. Rex Graham Science/Medical Reporter ALBUQUERQUE JOURNAL 7777 Jefferson, NE Albuquerque, NM 87109 505-823-3800 Fax: 505-823-3994 Mr. Doug Brown Health Reporter THE ALBUQUERQUE TRIBUNE 7777 Jefferson, NE Albuquerque, NM 87109 505-823-3600 Fax: 505-823-3689 Larry Spohn Editorial Reporter THE ALBUQUERQUE TRIBUNE 7777 Jefferson, NE Albuquerque, NM 87109 505-823-7777 Fax: 505-823-3994 24

Mr. Steve Schultz Health Reporter SPARTANBURG HERALD-JOURNAL P.O. Box 1657 Spartanburg, SC 29 304-1 6 5 7 803-582-451 1 Fax: 803-594-6350 Mr. Chris Meehan Health & Medical Reporter GRAND RAPIDS PRESS 155 Michigan Street, NW Grand Rapids, MI 49503-2353 616-459-1400 Fax: 616-459-1409 Mr. Henry Davis Health Reporter THE BUFFALO NEWS One News Plaza Buffalo, NY 14240 716-849-4444 Fax: 716-856-5150 Ms. Anne Wilson Health Reporter THE SALT LAKE TRIBUNE 143 S. Main Street Salt Lake City, UT 841 1 1-1 91 7 801-237-2045 Fax: 801-5 21-9418 Ms. Mary Joyce THE VIRGINIAN-PILOT 150 W. Brambleton Ave. Norfolk, VA 23510-2075 804-446-2000 Fax: 804-446-2414 21

Mr. Ned Barnett -- Health Editor THE NEWS & OBSERVER 215 S. McDowell Street Raleigh, NC 27601-2929 919-829-4500 Fax: 919-829-4824 Mr. Bill Snyder Medical Writer NASHVILLE BANNER 1100 Broadway Nashville, TN 37 203-31 1 6 615-259-8800 Fax: 615-259-8890 Ms. Tammie Smith Health Editor THE TENNESSEAN 1100 Broadway Nashville, TN 37203-3116 615-259-8800 Fax: 615-25 9-809 3 Ms. Laurie Loscocco Health Reporter THE COLUMBUS DISPATCH 34 S. Third Street Columbus, OH 43215-4241 614-461-5000 Fax: 614-461-7580 Ms. Sheila Carnett Health Reporter THE NEWS 305 S. Main Street Greenville, SC 29601-2640 803-298-4100 Fax: 803-298-4395 20

91 7j ,.:,;., ~ 9

.,, -4 Ur ca OP 0

. The Presidents of the following tobacco groups sent letters to the entire- congressional delegations of their respective states denouncing the proposed FDA regulations:  Burley Stabilization Corporation (TN)  Stemming District Tobacco Association (KY)  Western Dark Fired Tobacco Association (KY)  Eastern Dark Fired Tobacco Association (TN)  Burley Auction Warehouse Association (KY) . The Presidents of both the Tennessee and Kentucky Farm Bureaus have sent letters to their respective congressional delegations. . The South Carolina Farm Bureau (SCFB) unanimously passed a resolution proclaiming that FDA has no place regulating tobacco products. Letters were also sent to President Clinton from the South Carolina Farm Bureau and two county SCFB presidents. Items Requiring Further Attention . In January, tobacco industry representatives will be encouraging attendees to write letters to Congress at the annual meeting of the American Farm Bureau Federation in Reno, NV.

THIRD-PARTY POLITICAL CONTACTS - FEDERAL AGRICULTURE Completed Activities • The Flue-Cured Tobacco Cooperative Stabilization Corporation forwarded petitions opposing the FDA regulations signed by constituents of the following Members of Congress:  Senator Ernest F. Hollings, (D-SC) over 23,000 signatures  Senator Mitch McConnell (R-KY), 55,144 signatures  Senator Paul Coverdell (R-GA) 26,903 signatures  Representative Jim Clyburn (D-SC) 4,599 signatures  Representative Scotty Baesler (D-KY) 10,035 signatures  Representative Terry Everett (R-AL) 2,567 signatures • Representative Earl Hilliard (D-AL) 1,098 signatures  Representative Jack Kingston (R-GA) 4,071 signatures. • The CEO and President of the Flue-Cured Tobacco Cooperative Stabilization Corporation sent letters opposing the proposed FDA regulations to Congressional delegations of the following states:  Georgia  North Carolina  South Carolina  Virginia  Florida • The Presidents of the Flue-Cured Tobacco Cooperative Stabilization Corp. and the Burley and Dark Leaf Tobacco Association sent letters opposing the "Commitment to our Children" pledge to all Members of Congress with tobacco in the following states: • Indiana North Carolina  Kentucky South Carolina • Missouri Florida  Ohio Georgia  West Virginia Virgina

September 15, 1995 The Honorable William Clinton The White House Washington, D.C. 20036 Mr. President. As the president of the Burley Stabilization Cooperative, I am writing to express my outrage at the Food and Drug Administration's (FDA) proposed regulations restricting the sale, distribution, marketing, and ad;,ertising of cigarettes and smokeless tobacco products. Once upon a time, the FDA commanded the respect of all Americans. Now, however, a cabal of anti-tobacco zealots at the helm of FDA threatens to destroy the credibility and effectiveness of the agency by claiming the authority to regulate tobacco products, authority that the agency clearly does not have. Before the FDA makes itself--and the rest of the federal government-look even more ridiculous in the eyes of the American public, the agency should withdraw the proposed regulations. The FDA should not dismiss my view of its jurisdiction as a biased pronouncement by an interested party. On the subject of FDA jurisdiction over tobacco products, I would be pleased to let the FDA and its predecessor organizations speak for themselves. The Pure Food and Drugs Act of 1906 gave the Bureau of Chemistry in the Department of Agriculture authority to regulate the U.S. drug market. In 1914, the Bureau of Chemistry declared that it had the authority to regulate tobacco products only if.the manufacturer claimed on the label that the products have medicinal properties. In 1938, Congress created the FDA in the Federal Food, Drug, and Cosmetic Act. Since that time, FDA has repeatedly stated itself that it had no jurisdiction over tobacco products as traditionally marketed. In fact in 1972, Dr. Kessler's predecessor, Commissioner Edwards, testified before Congress that "cigarettes recommended for smoking pleasure are beyond the Federal Food, Drug and Cosmetic Act." And, as recently as 1989 the FDA restated its position that it does not have jurisdiction over tobacco products as marketed. Only Congress has the authority to legislate and only Congress has the authority to decide what the FDA may and may not do. As the FDA itself has recognized for nearly eight decades, Congress decided that the FDA would not have the authority to regulate tobacco products unless the labeling on the product makes health claims. The FDA's cynical decision to reverse its position and flout the will of Congress violates not just the separation of powers central to the Constitution, but also runs counter to the basic principles of democratic government itself.

i WESTERN DARK FIRED TOBACCO GROWERS' ASSOCIATION Murray, Kentuckq 42071-I056 FAX (502) 753-0069/3342 ~- P. O. Box 1056 (502) 753-3341 206 Maple Street October 31, 1995 The Honorable Wendell H. Ford United States Senate Washington, D. C. 20510 Dear Senator Ford: On behalf of the Western Dark Fired Tobacco Growers' Association and the 9,000 tobacco producers it represents, I am obligated to convey our strong opposition to the "Commitment to Our Children" petition being circulated by several Members of Congress. In the tobacco ind•_stry, no one wants young people to consume tobacco products and age restriction laws are on the books in every state in the nation. We must take action to better enforce these laws, not create more bureaucracy. There are those in our society who want to add inefficient government bureaucracy, thus destroying our family farms and hampering an adult's First Amendment right to the freedom of choice in using a legal product. You may have been approached by those who say they are supporting the cause of youth smoking prevention by pushing the Food and Drug Administration (FDA) regulation of tobacco. However, if FDA is given the authority to regulate tobacco because it is a "nicotine delivery device", farmers will be forced to deal with yet another government agency. Already our producers deal with and are monitored by the United States Departmer,t of Agriculture, the Environmental Protection Agency,,the Occupational Safety and Health Administration and many others. We know first hand what a nightmare federal government regulations can create for farmers. We certainly need your support and involvement to prevent FDA from joining the ranks of federal tobacco regulators. I urge you to consider the consequences of the 'Commitment to Our Children" petition, looking at it for what it is; more anti-tobacco indoctrination, rather than a solution to a problem which everyone, starting with parents, should address in a responsible manner. Sincerely, Will E. Clark General Manager

i LEE H. HAMHLTON RHI 0011iCE.NW~.V. CGMMmEES: GoMMRfEE ON iNTEfiNA1'ANALRELATIONS - JOINIEGDNOMtCC0/AIMTPE? congrr.o uf tfje Uniteb *tatez 30au5e of Eeptegetttatibeg 38abingtan. Md 20515-1409 , November 2, 1995 Mr. Mark Eaton Durley and Dark Laaf Tobacco Inc. 1100 Seventeenth Street N.W. Suite 505 Washington, D.C. 2003'e Dear Mr. Eaton: WNwIMOTOHpC i~'>1LGP inEVnanE:(2Y11226-:315 F.~: fIG11aS.tia1 DST~i OFitC: 1201 E.Sf,PIM SIREtT. RH. 107 JE4£FBONNL:E IN <11V.d7qi 7~ (61n:esasse f.%:Ie79268-38i7 'roLL ~E rvUMBER tew~ esz.a2az Thank you very much for contacting me in oppos_tion to the Bresider.t's decision to ailow the FDA to regulate tobacco. I appreciate that you have taken the time tn bring your concerns to my attention. As you may know, 2 atror.gly oppnca WT)A regulation of tobacco. Like other supporters of tobacco farmers, . stroncly support a voluntary effort to curb teenage smoking. = believe Lhat a voluntary offort will be most effecr.ive at preventing young peonle from smaking. S am enclosing a statement detailing my active opposition to i.he FDA's regulation of tobacco. I hope that yn>> find it cf j.nterest. I will share your comments with the President anr, Admin=stration officials. I would be pleased to meet wich you to discuss this and other issues important to your members. I look Lucward to working with you. Thank you again for writing. Please stay in touch, and let me know if : may be hclpfui to you in any way. Wit?i warm recards, LEE iI-HAMILTON, M.C. I:FkilCl TMy^ STATqNEPY enIN1EO ON PAFEP MA.. OF M~tten pIBERS

Septer~ 15, 1995 President Clinton Page Two The FDA claims that it now has authority to regulate tobacco products because the agency has made a startling finding: nicotine-a natural constituent of tobacco--is an addictive drug. In my view, the only thing startling about this fmding is that it is absolutely false. Not only is it false, but it is a personal insult to those of us who buy, store, and sell tobacco. Are we to be compared:with those traffickers who buy opium poppies from farmers and sell them to producers of heroin? Mr. Clinton,. even if FDA has the authority to regulate tobacco, which it most emphatically dm not; then under the law it follows that the FDA must ban tobacco outright. Again, in the words of former Commissioner Edwards, "if cigarettes were to be classified as drugs, they would have to be removed from the market because it would be impossible to prove they were safe for their intended use °° Needless to say, prohibition would destroy my industry and throw thousands of burley growers and their families into poverty. Prohibition would also infuriate the 40 million citizens who consume tobacco. I would venture to say that an attempt to prohibit tobacco products could very well escalate into the largest public policy disaster in the history of the United States. For the reasons I have discussed, the proposed regulations are completely unacceptable. The FDA does not have the jurisdiction to regulate tobacco products and, contrary to FDA's assertion, nicotine is not a drug. We are not drug merchants. As FDA officials themselves have recognized, once the agency concludes that nicotine is a drug, the FDA will have to pull cigarettes and smokeless tobacco products off the market. Before this agency, under your direction, fiuther undermines its credibility, I urge you to direct the FDA to withdraw its proposed regulations. Sincerely, William Myers President Burley Stabilization Cooperative a ~ cc: Sen. Bill Frist -4 Sen. Fred Thompson u Rep. John Duncan, Jr. ~

P.G TENNESSEE FARM BUREAU FEDERATION P. O. SOX 7rJ 0 COWMRUs rfNNfSSfE Jn103.0313 . f61s118naB]7 a FAX (615) 3db-5R18 October 24, i995 The Honorable James Quillen U.S. House of Representatives 102 Cannon House Office Bldg. Washington, DC 20515.4201 Dear Congressman Quillen, Enclosed is a copy of a National Affain Update on the recent proposal for the Food and Drug Administration to regulate tobacco. We are opposed to tkis proposaL This proposal is an attack on agriculture and not ,fust tobacco growers. There are numerous reasons we oppose this proposal regardless of any personal opinions on the health related issues of tubaxo. 2'his is a first step toward prohibition. As you know tobacco is extremely important to the economy of Tennessee. Tobacco is grown in more than 70 of the 95 counties. The tobacco tax alone for the state of Tenne.csee brought in a totzl revenue of 584,849,845 in FY95. Approximately 484,000,000 of the tax revenue from tobacco was earmarked specifically to the education fund in Tennessee. How would we rcplacc thcsc dollars? Total federal, state and municipa1 excise taxes on cigarettes for the fiscal year ending June 30, 1994 amounted to SI2,429,519,000 - nearly S12.5 billion or S49 per man, woman and child. Tobacco is a major economic stability of many local government economies in Tonncssee, as well as, to the individual tobacco growers and their families. We wanted to let you know our position on this issue and ask for any help you can provide. Sincerely, 910-1 .~~~. Joe Hawkins President JH:pg Enclosure Farm Ourc4u hr Tennrtsee ... Where Alemborsl6it) Neans Vxlue

r' LUE-CURED TOBACCO CooPERATIVE $Tt1SILZATION CORPORATIbft P. o. Bmc 12300 R.aleig.h. North Carolina 27605 Telephone: [919} g21-4560 Facsi.mite: [9191821-4564 October 10, 1995 The HonorableC. W. "BiIP`Young 2407 Rayburn Hause Office Building Washington, DC 2051 s Dear Congressmarr Young_ We have awondedutopportunity to work towards a goal shared by every American; Preventien of Yauth Smaidttg: Na one wants young people to smoke ard age restnction laws are on the books in every sdate in the-nation. We must take steps to better enforce these laws, not create more bureaucracy. NOWEVEp There are those in oursaciety who want to add inefficient govemment bureaucracy, destroy family farms and hamper an adutbs decision to use a legal product in a misguided and ineffective attempt to prevent youth smoking. You may have been approached with the endosed "Commitment to CurChildren" document by those who say they are supportrng the cause of youth smoking prevention by pushing Food and Drug Admini.stration (FDA) regulation of tobacco. If the FDA gets away with declaring nicotine a"drug" and ciga2ttes a'nicotine/drug tlelivery device,' tobacco farmets wili Eace the possibility of FDA regulation of theirtobaa~ cropS Farmers are already forced to deat with and be mon tored by the US Department of Agriculture the Environmental PratecUOn Agency, the Occupational Safefy and Health Administration and ott~er agendes. We knew first tiarsd what a rnghimare federal govemrnent regulations can create for farmers. We need your support and involvement ta prevent ihe F DA from joining the bandwagon of federal tobacco reguiatars. If the CGnton/Kessierproposel to regulate tobacco and nicotine is enacted, tobaa:e farmers could face even more expensivereporting and oversight requirements by FDA agents. These FDA agents have broad powers, induding the potential for seizure of tobacco plants for FDA violations, which could require farmers to face lengthy, expensive court battles just to regain access to their own crops. What President Clinton and Commissioner Kessler have in mind is simpEy more big aovemment jakrference into the fives of adult citizens who chase to produce, sell or consume a legal product Let's work to erwninate the probiern of youth smoldng in a constructive manner, not add yet another layer of ineffective government bureaucracy. To that end, I urge you to view the endosed 'Commitment to Our Children" for what it is; more and- tobacco propaganda rather than a constructive solution to a problem which everyone agrees needs to be addressed in aresponsib[e manner. Enclosure 0 47 1946-1996 Ftf i:y Years of Seruice to the Growers in the Bright Leaf Area

September 27. t995 The Honorable Thnmas a Batlenger 2238 Rayburn House Office Building Washfngton, DC 20515 Dear Congressman Ballenger - We are wnttng on behalf of over 180,000 flue-cured tobacco farmers, farm operators and workers in Florida, Georgia, North Carolina, South Carolina and Virginia to express strong opposition to regulation of tobacco by the Food and Drug Administration (FDA). While FDA regulation of tobacco would be detrimental to thousands of toba- growers and their families, there are a number of other reasons why this action is unfair and unwarranted. For example: • If the FDA gets away with declaring nicotine a"drug" and cigarettes a"nicotine/dn:g delivery device," tobacco farmers will face the passibifity of FDA regulation of their tobacco crops. Tobacco farmers are already forced to deal with and be monitored by the US Department of Agriculture, the Environmental Protecticn Agency, the occupational Safety and Health Administration and other agencies. We already know first-hard what a nightmare federal government regulations can create for farmers. We oppose the FDA from joining the bandwagon of federal tobacco regulators. • if the CGntonlKessler proposal to regulate tobacco and nicotine is enacted, toba= growers could face even more expensive reporting and oversight requirements by FDA agents. These FDA agents have broad powers, including the potenttal for seizure of tobacco plants for FDA violations, which could require farmers to face lengthy, expensive court battles just to regain access to their own crops. • FDA Commissioner David Kessler has said tobacco has no place in America Hillary Clinton, Health and Human Services Secretary Donna Shalala, and others in the Clinton Administration, have echoed this sentiment FDA reguiation of tobacco is the first step towards the elimination of a viable, legitimate American industry and the livelihocds of thousands of farm families. • ClintoNKessier claim their rule would stop young people from smoking. They are wrong. The CGntoNKessler regulation would have Gttle or no impact on youth smoking, but it would be devastating to American jobs and could destroy Tobaccoland overnight No one, including American tobacco growers, wants young people to smoke and it is already illegal for them to do so In every state in the nation. We must take steps to better enforce these laws, not create more bureaucracy.

PAGE 31 PR Newswire, December 2, 1995 Everyone agrees that kids shouldn't smoke. That's not the issue here. Underage smoking is already illegal in all 50 states. We need to enforce the laws that are already in place, not add more government regulation," Rogers added. "The FDA can't handle its current responsibilities," said Harry Bell, president, South Carolina Farm Bureau. "The FDA's already failing in its mission to approve lifesaving drugs and medical devices for the American public. They should promote public health, not politically-correct behavior. Once the government has complete control over tobacco, what's next? Fatty foods? Milk? Meat? Enough is enough! This is out of bounds." "I'm part of three generations of tobacco farmers. Tobacco pays my bills and sent my kids to college," stated Worley. "If the FDA bans tobacco, it would spell economic disaster to my family and other South Carolina farmers. We want the government to know that the FDA is fooling with the livelihoods of thousands of famsly farmers." CONTACT: Coleman Worley, 803-392-3536 LANGUAGE: ENGLISH LOAD-DATE: December 3, 1995

YEWS ~ Lee Hamilton CONGRf58MAN 91R DL5TAlLT INDIANA Qm= HDRY mvw Augnst 10, 1995 #104-116 1iA14IB.TON OPPO$ES F3}A REC,izLA7TON QF TM - MCM WASiiiTIGTON - Co iee Hamslton extrssed his ogposfdoa todap te President GinIDn's da~on tn allow ffia~Drog Adiniaixttsacn (FDA) to regulate tobaa;o aa a drng. "I 'bsr*e urged the President to p~sue a vchmtacy ~ott to redace teemge smniang. I do not thiak ii is appropriam for the fedesai gcwnimeat to regulait: tobacco as a drng." Hami}ton bas been attsand in close discussions with White FIause offfficia3s ana other Members of Congras to negodate a nonqegalatarp taaas of tedwitg smoiaag amoug teenages. FDA officials support regulating msotim as a Srug, while Hamilton and other supportets of tobacco farmers advocate a voluntary qpsoarh. As Hamilton pointed crat, Meta is a aew willingass to combat youth sntoldag. I tfiaic atmctgbt tepiadoa ia anoecessary and counterprodscnve. A maadatary approach witi rssutt in yems of ling=n which wiIf oniy stow the eSort to d9scrnaage axaage smoknig. I am disagpoisaed our efforts haave not ya ttached an agteemaat." The Prcubmi has a:tard me FDA to neplate d3stribution of toW= to yaoag paople, iaeiudiag restriciions; on veaditig machmes, &te sampks, and advertising aimed at yommg people. tiowevet, tobacco compames had ptevicwsiy agteed w many of tiuse stegs on a volnnmry bam. The proguaed FDA reguladons witl be sup)ect to a 90-day period of public comme= aact flte :•resident ha4 indic2led he will sznp FDA ieguluion if a volaatary setslemeat is reached. "Tobacca is aftic&liy imVartam to our ecoanmy ie Sonthera Indisna,' E=ilton said, 'and I believe a volu+zazy agteemeat wfli be mote successful at carbiag *eeaaae s+aai4nf ' -30-

~ .. V M cn J 'J

TITLE: Thompson slams FDA tobacco plan BYLINE: Bob Battle CREDIT: BANNER SENIOR BUSINESS EDITOR EST. PAGES: 2 DATE: 12/06/95 DOCID: NSHV21420 SOURCE: Nashville Banner; NSHv SECTION: Business; PAGE: 01 (Copyright 1995) U.S. Sen. Fred Thompson leveled a blistering attack Tuesday on the Food and Drug Administration's proposal to further regulate the tobacco industry. At the same time, he called for parents to exert more responsibility over their children's behavior. The Republican lawmaker drew repeated applause during his keynote address to the 1,500 farmers and their families attending the 74th annual Tennessee Farm Bureau Federation Convention at the Stouffer Renaissance Nashville Hotel and Convention Center. " We've got to maintain the fight as far as tobacco is concerned to make sure the Food and Drug Administration gets out of the business of regulating things they are not supposed to be -- and tobacco is one of them, " he declared. Last year, U.S. Food and Drug Administration Commissioner David Kessler said his department's regulation of tobacco could result in " the removal from the market of tobacco products " as currently produced. The public comment period ends Jan. 2. " In my opinion, it is the first step that they've got planned toward a ban on tobacco, " Thompson said. " Congress did not give that jurisdiction to the FDA. our 50 states prohibit the sale of tobacco to minors." The freshman Tennessee senator emphatically added, " I think it's time that we require the parents in this country to exert the responsibility that parents are supposed to exert -- and not look to bureaucracy in order to do that for us. " Thompson then turned his attention to another major farm problem -- chemicals used to kill pests and insects. '... It is time we brought some common sense to the regulation of pesticides in this country, " he said. " We've got a regulatory reform bill that we came within one vote of getting passed (in Congress). We'll be back again next session. " The convention closed today with the election of Flavious Barker, a Sequatchie County dairyman and vice president of the Farm Bureau, as its new president. Barker succeeds Joe Hawkins, 73, who had led the farm organization for the past nine years. He did not seek re-election. Tuesday's convention delegates adopted a series of resolutions that will guide the state organization during '96. Others will be I .;- A

Bond and Ffye To Ballenger. September 27, 1995 Page 2 • What President Cfnton and Commissioner Kessler have in mind is simply more BIG GOVERNMENTlNTERFERENCE into the lives of adult citizens who chose to produce, seit or consume a legal product. • FDA does not havejurisdiction overtobacco. For more than 80 years, Congress has said regulating cigarettes is its job. The FDA has consistently admitted it has no basis for regulating cigarettes, and the Courts have agreed. • Proposed FDA regulations would trample the First Amendment. Advertising is a form of free speech, protected by the First Amendment of the US Constitution. In its quest to eventually eliminate tobaCCO, the FDA ignores this historic document and the rights it guarantees. i hese are just some of the reasons why we are atrcngly o~posed to FDA regulation of tobacco. We ask that you reiect and work to oppose the efforts of the Clinton Administration to create further governmental interference and bureaucracy in a thinly veiled attempt to eliminate the American tobacxa industry. Sincerely, Fred G. Bond Bruce L. Ftye Chief Executive Officer President

Copyright 1995 PR Newswire Association, Inc. PR Newswire .. December 2, 1995, Saturday SECTIoN: Financial News DISTRIBU'1'ION: TO BUSINESS AND STATE EDITORS LENGTH: 5Z4 words HEAOLINEc SOUTH CAROLINA FARM BUREAU PASSES RESOLUTION STATING, PLACE ON THE FARM' 'THE FDA HAS NO BODY: Members of the South Carolina Farm Bureau Federation attending an annual meeting showed unified support today by unanimously adopting a resolution stating, "the food and Drug Administration has no place in the control of the production, sale, marketing or manufacturing of tobacco or the ingredients thereof." . The resolution was in response to President Clinton's endorsement of sweepinc regulations that would give the FDA broad authority over cigarettes. The regulations include such things as banning vending machine sales and retail self-service displays, imposing strict advertising restrictions, banning brand sponsorships of sporting events and limiting the distribution of cigarettes. MYRTLE BEACH, S.C., Dec. 2 Veteran grower, Coleman worley, joined hundreds of others expressing opposition to the FDA plan by signing a giant letter addressed to FDA Commissioner David Kessler. "I've been a farmer for more than 38 years. What the FDA is calling for isn't regulation. It's flat-out prohibition and we won't stand for it," said Worley, Chairman of South Carolina Farm Bureau's Tobacco Committee. "FDA Commissioner David Kessler's plan misses the mark by a mile," stated Stanley Byrd of chesterfield county. "The commissioner says his proposal will discourage teenage smoking, but it really is aimed at restricting the freedom o: 50 million American adults who choose to smoke," Byrd added. "I fcught for freedom on the front lines in the Korean war. Now, I feel the government is ignoring the sacrifice millions of Americans, like myself, made for personal freedom," stated Pete Duke, retired tobacco grower from Clarendon county. "The FDA has no business on the farm. This is just another power grab at a time when the American people have made it clear that they want less government intrusion in their lives," said John Wiggins, tobacco grower in Marion county. "What the FDA wants to do could put some growers out of business," said Davic Rogers. "I'm raising a legal crop that is part of this nation's heritage. E •~ 2

~w.~~ .e..~.m, s+x.rr.a. lawan.a j,~J fjaw ---as~arrxaaaiwa ' ~awre.~L.m*w.eeu. `~~••:LG1~ ~1.2Lf.7J ~Lllqa.C r.reunwmeow+o~s ouao:Rar.nmva COMM[TTE'aONARMEDSHiVICEB IY41MV LIIO~I/mFM pI~RGR MMOlLL11GIW.IIM'}IC~OII,W lIK WIIONN WASNINGTON, DC 20510-•605a October 26, 1995 Mr. Fred G. Bond Post Office Box 12300• Raleigh, North Carolina 27605 Dear 1Kr_ Boud: T)zati]c you for contacting me regarding your concern about Oa August 10, I99S, President Clinton announced that *fe ?ood and Drug Administration !FnA, would propose regula*_ions to restrict the sale and distriburian of cigarettes and smokeless tobacco Froducts to children and adolescents. The FDA's draft proposed rule and cost analysis. includes a blanket prohibition on cigarette'vending nachines, mail order sales, self-service displays, coupons sent through the mail, free sa•ctples and eaies of single cigarettes or low priced packs conta'Ling fewer than 20. While the personal and public health effects of tobacco use are,ccnsiderable, efforts to restrict the use of tobacco prcducts must take into consideration issues of individual liberty and Zhe soeie-economic implications of effcrts to reduce tobacco consumption. '_n my view, the proper role for the federal government is to provide accurate irformacion to Americans about the known health effects of tobacco use while leaving decision about whether to smoke up -o individual consumers. Please be assured taat t will recall yc•u concerns should the Senate consider legislation to implement further regula*-ions on the tobacco industry• - _.. _ . . ... , - It was good to hear from you, and I hope you will share my views with Bruce Flye, who also signed your letter. 9 ia.cerely , Sam Nunn SN:mt1

-• Letters opposing the proposed FDA regulations were sent to Harold Ickes from the Presidents of: • North Carolina AFL-CIO  Sheet Metal Workers' International Association  The International Association of Machinists and Aerospace Workers . LMC representatives met with over 50 House Members concerning the "Commitment to Our Children" pledge. LMC representatives also met with 18 senators on the issue of the proposed FDA regulations. Eighty more Members of Congress are targeted for meetings in January 1996 back in their home districts. . BC&T International and affiliates in all tobacco states have contacted their Congressional representatives to express opposition to the pledge, "A Commitment to Our Children."

forwarded to the American Farm Bureau Federation Convention that will meet in January in Reno, Nev., where national policy-making actions will be taken. Resolutions adopted here: Urge President Clinton and Congress to control federal spending, pay down debts and balance the budget without degrading the economy. Express opposition to any efforts to lower exemptions in inheritance taxes and support increasing the current exemption to $1 million -- and indexing it for inflation. Express opposition to any effort to regulate firearms. (these graphs taken from first edition) Call for a study of the future of the Tennessee Valley Authori*_y. Vrge action to allow self-employed taxpayers to deduct 100 percent of the cost of their health premiums -s a business expense. The convention will close today with the election of a new president. Joe Hawkins, who has led the state Farm Bureau for the past nine years, is not seeking re-election. REGION: TN US NME; TENNESSEE; UNITED STATES; NORTH AMERICA z •C- z

THIRD-PARTY POLITICAL CONTACTS ORGANIZED LABOR Completed Activities • Prior to President Clinton's announcement of the proposed FDA regulations, LMC representatives worked with White House staff, Democratic party officials, House Democratic leaders and key Members of Congress to ask that they share opposition to the FDA proposal with the Administration. LMC representatives met or spoke with: • Dan Fowler and Chris Dodd, Co-Chairs of the DNC • House Democrat and Republican leadership  Members of the Congressional Black Caucus  President Frank Hurt, BC&T  Officials of the National AFL-CIO . LMC encouraged the National AFL-CIO to indicate its labor concerns to the Administration. At BC&T President Frank Hurt's request, then AFL-CIO Secretary-Treasurer Tom Donohue contacted White House Deputy Chief of Staff Harold Ickes on three separate occasions. At the AFL-CIO convention in New York City, Hurt spoke personally with President Clinton on the FDA. • Letters opposing the proposed FDA regulations were sent to President Clinton from the Presidents of:  The Bakery, Confectionery & Tobacco Workers International Union  Tennessee AFL-CIO • Kentucky AFL-CIO  Ohio AFL-CIO  Virginia AFL-CIO  Minnesota AFL-CIO  Florida AFL-CIO  Georgia State A. Philip Randolph Institute  Wisconsin State Council of Senior Citizens  Ohio State Building and Construction Trades Council • Ohio Valley Council of Sheet Metal Workers  BC&T local Allen Park, Michigan  BC&T local Macon, Georgia  BC&T local Louisville, Kentucky  Transportation Communications International Union, Michigan

ViRGtNtA STATE AFL-CIO a*rwdayN. - AMERICAN F80SRATION OF LABOR AND CON3RES8 OF INOUSTRIAI. OAOANIZA11t7NS The President The Whltii House.44 Washington, 0. C. 20500 Dear Mr. President: July 20, 1995 tLlN1El~LANC JAA1Eg R. LEAMAN 6~pA.rrA.e.cr.r AYtI=N;,~rM nwm." ow :oacao M.ffAws On behalf of the Virginia State AFL-CIO, which represents more than 2C0,000 working man and women throughout the State, I am writing to urge you to reject any efforts by the Food and Orug Admintstration to change current regulatory policy towards tobacco. The Virginia State AFL-CIO Is opposed to FDA regulation of tobacco products because such regulations seriously Jeopardize the jobs af thousands of men end women employed In the tobacco Industry here In Virginia. Many of these workers are members of local unions affiliated with this State Federation and we care deeply about these brothers and sisters and their families. Moreover, the tobacco Industry is an extremely important part of the economy of this state. Tobacco workers earn high wages and have extensive benefits. FDA regulation of tobacco resulting in the loss of these Jobs would cripple the tax base of many of our cities and towns. At a time when our vtate is working hard to retain and attract high-wage jobs, we see efforts by Dr. Keester and the FD A as economically counterproductlve and dangerous. Tobacco Is a legal product in this country and should continue to be treated as such. The Virginia State AFL-CIO appreciates your conslderatlon of our position on this Issue and respectfully urges your favorable action. Daniel C. Lel3fanc President OOL:cs) OPEtU 334, AFL-C10 FAX (804) as3.ouz Phyu: iYON 7W4Ft =a wf.fiL LA0A0 BrAEET L~ ..WIlVL/A .IVII.l1~'frMf•-lI'M

eA47, fl~~&-on 10401 GONNiCT1CUT AVENUE. H¢NBtNGTON. MARYLANO 20896-9961 TELLrPHONE (301 ) 933-8600 FAX (3011 946•64D2 FRANK HURT INT[11NATIONAL tRtl16ENT The Prestdmt The Wtnte Iiaue Washington, DC 20500 Dear Mr. President Jnly 14,1995 Recent news reports ittdicate thet Food & Drug Administration Director David Kessler is moving to circumvent t.`.a legislative and regulatory processes and is submiaing praposed regulations on tobacco ptoducts dit eetly to you. The FDA does not have and has never had the authority to regu- late tobacco products. As the president of the Bakery, Confectionery & 7bbacco Workers International Union, I write to urge you to block this totally inappropriate action, which would have a devastating economic impact on the Iabacco industry and its wotirrrs. Tbbacco is a legal product produced in the United States and should continue to be treated a9 such. The BC&T Internatiotsal. Union represents nearfy 15,000 men and women working in the domestic tobacco industry. The industry and our members who work in it are an ibitegral part of the econo- my of the southeast United States. 3ecause of the high wages and benefits these workers eam, a major loss of jobs in the domestic tobacco industry would harm the economy of the region and have its greatest effect in communities such as Richmond, Virginia; Macon, Georgia; Louisville, Ken- tucky; Concord and other North Carolina cities. Regarding curbing minor's use of tobacco products, the companies already have in place extensive advertising and educationai programs, and are curreatiy undertaking significant new additional steps to guard against minor's having accessto these products. In addition, in 1992 Congress passed ADAMHA, which required states to pass legislation setnng minimum purchase age for tobacco products, as well as instituting other restrictions, which would limit access of tobacco products to minors. Fmthes, stazes would lose fedetal funding if they did not comply with the act and to date, states are vigorously complying. The tobacco industry sup- poru thesa efforts. Our union also supports these efforts to control tobacco sales to minors. I urge you to reject any efforts by the FDA to change current regulatory policy towards tobacco. Thank you for your consideration of our position on this issue. Sinr.erei yours, i ~'Y Frank Hurt Internatiotml President FH/CJJ:kfw

July 27, 1993 3COOEa?eu .1L' T8.3-3dt) '. iN iXT1 6 6. nPA . Mr. Harold Sckes Deputy Chief of Staff The white 8ousa Washington, DC 20500 Daar Mr. Ickes: \ITh~lf \iWPC .•~~rnu v~i•.urcm On behalf of the Sheet Metal Workers' Tnternaticnal Association and its i50,000 members, I am writing to .xpress our strong opposition to Food and Drug Administration (FDA) regulation of tobacco products. our union represents nen and women employees in the domestic tobacco industry. We are concerned that FDA regulation oE tobacco products will result in the loss of thousands of union jobs related to the industry. Further, we believe that the President's re-election is critical to the interest of our nembers and the issues which affect their lives--•:rerkplaee health and safety, preserving Davis-6acon, and reforming labor laws. We are concerned that :'DA attempts to regulate the tcbaccc industrf will have a significant adverse political impact throughout the Sout:, particularly in those states where the President ran strongly in 1992-- Geergia, Xentucky, Tennessee and Vorth Carcli:a. An Administration perceivad as anti-tobacco could also ba a liability in bordar states such as Missour: and Maryland, where tobacco is grown in distinct regions of those states. The strength of the re-election campaign in the South will also have an ir.aact on other key regions cf the country, includinq the industrial Midwest. If the Administraticn, as a result of pursuing an anti-tobacco policy which disproportionately affects the South, is perceived as "writing off" the region poli::.cally, Republicans will be able to divert considerable resources to crucial states such as Ohio, Illinois, Pennsylvania and ,4ichigan.

FLaRna AFY.•-CIO tolARILYN P. LENARD WILLIAM 'BILL- TIDW6LL ANTHONY C. HILL Presidertt Vice•President Secretery-rreaeu.e. Juiy 25,1095 V3 :'Ihe ;.: r~... 09 presidmi 4 'I3o Wbite Rousc Washington, DC Z0600 Dear Presfdent GIintcn: Recent news reports indicate that Food & Drug Administradon Director David Kessler is moving to circumvent the leRislative and regulatory proccsses and is submitting proposed regulations on tobacco products directly to you. The FDA does not have and has novor had the authority to regulate tobacco producu. As tlte pxesident of the Florida AFL-CIO, I urgc you to block this totally inappropriate action, which would ifavc a devastating economic impact on the tobacco industry and its workers. Tobacco is a legal product produced in the United States and should continue to be treated as such. Regarding curbing nrinor's use of tobacco products, the companies already hava in place extensive advertising and educational progtams, and are currently undertaldng cignifcant new additional stops to guard against tninor's havinF aeeess to these produet-i, lu addition, in 1992 Congress passed ADAMHA, which required states to pass legislation setting minimum purchase agos for tobaoeo products, as well as instituting other rzstricdons, whiclt would limit access of tobacco products to minors. Further, states would lose federal funding if thfy did nnf r•ttmply with thn art and tn Antr, ctatro err OL+nrn,cip rntnplying. 'IZ.e ta6aoco iaduRry supports these efforts. Our state fedoration also suppores these erfotts to control tobacco sales to minors. I ttrgo you to reject any efforts by the RDA to change cutxent reGuiatory policy towards tobacco. Ihan4: you for your consideration of our position on this issue. SIncerely yours, Marityn P. Lenard President 33~MOHILOII S1RPEr • TAIS.AAASaFE, FLORIDA • 92301 • SELITHONB (90a) 27A 692G • FAX (901) 224,27b6 Z'heYoiceo,ll.aborinthcSu,ashina State ~i')~X

innesota AFL-CIO 525 Park Street. Suite 110 • St. Paul, MN 55103 (612) 227-7647 • FAX (612) 227-3801 July 26, 1995 ECECCTIVE OFFICERS The President 3emar¢ L. Brommer The White House Washington, 0. C. 20500 Presraene Bilf Peterson Dear Mr. President: ~ecretarv-Treaourer On behalf of the Minnesota State AFL-CIO, I am writing to ~ISTRICr % ~CE VEiIDE~'~ .',icl. ~nunc deirv dednarczvk dnherr DeRov Oon Ejrrv vnie Entzei " k Haqen Haves ,eve Hunter 2ruce Iverton Richard Iohnson ean Innes 2ncerluaue •.nna ~elsnn Loherr , ;,.nia -mnra P~••rr<nn -.v P•!rrnarn rron H:v rzt.m Atnd«nqn •n • nmur ••rrv •~•rnin¢ -ank ~LUAeI ~;urcun T ~iruss ';~rze *unnsunm eav ~.v.tidrnn respectfully express our opposition to Food and Drug Ad- ministration regulation of tobacco products. The Minnesota AFL-CIO is concerned that FDA regulation of tobacco products will have a devastating effect on arn industry which is highly unionized with excellent wage and benefit standards. However, our interest in this goes beyond a concern for union brothers and sisters working in the industrv. We believe that if the Administration, as a result of pursuina_ an anti-tobacco policy which disproportionately affects the South, is perceived as "writing off" the region coliti- cally, Republicans will divert considerable resources to Minnesota, a critical battleground state. Such an additional infusion of resources by the Reoublicans at the national level would jeopardize our efforts to carr'! Minnesota for the Clinton/Gore ticket once aaairn as well as increase or retain the number of Democrats in the Minnesota congressional delegation. These are priority goals for us if we are to reverse the anti-worker, anti- union policies coming out of the Renublican Congress. The Minnesota AFL-CIO appreciates your consideration of our concerns on this issue. Sincerely, Bill Peterson, Secretary-Treasurer m/Opeiu#12 SPJL" 0?Jtr¢CCt,~ r,J[Qct Qcud CuasllCct dCCtG2 1O 7 o

Mr. Harold Ickas July 27, 1999 --page 2 A Democratic Congress is absolutely essential for the success of the President's legislative agenda in his second tersm. We eannot afford to lose any Southern Democratic seats if we are to have any chance of regaining the House for the Democrats, an effort in which the Sheet Metal Workers are strongly involved. If we have any hope of regaining those seats which were lost in 1994 or in "picking up" any new seats, the Administration cannot continue to pursue these anti-tobacco policies. Over the past decade, this nation has lost far too many high- wage, industrial manufacturing jobs. Every time a production facility is closed or loses a large portion of its work force, the community in which it is located suffers economically and socially. This is particularly true in the tobacco industry, where unicn members earn high wages and have extensive benefits. These jobs cannot be easily replaced in the areas where they are :ocated such as Louisville, iCentuckyr Macon, seorgia: and, Concord, N'~,~th Carolina. Again, the Sheet Metal Workers' International Association hopes that you will consider the economic, social and political =mpact of FDA regulation of domestic tobacco products and reject efforts by the FDA to drastically change current policy towards tobacco. Thank you :or your consideration. si,r.cer2ly, 94411 Art::::r :roore =ener__ :r_si4 ent AM/dtf

OHIO AFRM WR11MfA. eUAGA. Preopln, aCWe.to K oAY 5.ar;xY. rrcjswa. °'°P0K°1°""' July 25,1995 Aw~*Ma d/{Y xr.a ,.aw. +h~a..~..v. ina~ w«n va1Y+ aE,vn ~119.iu ME'u4'"e The PresIdent -:uw... •,... ,..»~...•, . The White House Washington. D.C. 20500 Dear Mr. President: On behalf of the Ohio AFL-CIO. I am writing to rnpeecfnlly expteae our concasss regarding Food and Drug Administration regulation of tobacco producta. The Ohio AFL-CIO believes that FDA regttiadoaof tobacco products vrill have a devnaanting effect on the domestic tobacco industry, which is hiahiy unioa{ad with excellent vrage and bene{t standardc. The jobs of thousands of tmioa members woald be put in jeopardy. However. our concerns go beyond our interests in the jobs of union brothers and siatere working in the industry. We believe that if the Admiaisaation, as a result of pursuing an znti-iobacco policy which disproportionasely azFxss the Soush, id pesoeived as "writing e$" thc region politically, Reaublicans will diverc cansiderable trsotue=s to key battleground states such as Ohia. Such an additional infusion of resources by the Republicaat at the national level would seriousl,v impede our efforts to catry Ohio for ~he Cliaraa/Qote tirJmt onae aQain, as well as incrcasc the number of Democrats in the Ohio caagmiionaF ddegat<on. Tltese ate priotity goals tor organized labor in Ohio if we are to revente the aati-woriaer, anti•union policies coming out of the Republican Congress. The Ohio AFL-CIO appreciates your considerarion of our conceraa on this issue. Sincerely yours. WfLLLAM A. BURGA President \V:\Li:dn' t 1

.r,alfta wM7Rt ~ . ....IY.Wi. auac ~c.~eua.w m.~a.... 3oear w~ui wLib x.q' ~..~uK A Gl W 8w6f 1~ ~r~ w 1,,.., a.A.~ JFiM10 k riEpOUK' 5F ' ~ .".n tiwia..... AFF a6nnb.W2 ]PE d«a A..wLLICF dLY u'/Y...= mscm.. Secr=ry.Tr==er t t ,~~~4. 1 I .L ...... ...~.., .. . _ .. . . . . ! KENrucxY STATEAFL-CIfJ 3ft10.t tk7Y4GUT OR%IE. RVt.ucfORT. KY a0e0t 50zd."trz . 1-aoo-fPl•C7odc .:A2-eG5•6+7e fa July ig, 1995 The $nmal817lG W1ulIIm..[ QlDIGII Yre&deCL of the LTT>1tedSLBLeS Tjle Wb*eETOL3& 1600 Petmsylvama AYem]L' Wsswastolt,D.C ZQQQI Deaa Mr. Prcariam. On betrslfoft]icI{eetudcy State AFL-CIO, representing more than 100,000 worlang meo, wcmen andtheufamt7ies thtoughout the state, we miplore you to reject any attrmpt by the fedaat Food and Dtug Adarit>issation to alter aurent reguiaazory policy toward tobacco. The Kentucky State AFTrCi{2:is'¢pposedao..FSAiegttJstion of tobacco praducts as such regtilatian seriousty jeopaniizcs-~iE jobs of teamd!usands of working people employed in the tobatco iad<sstty he~ mg`eatusk~:-Msay~af these men and women are union members enfss& }~.?a$or €~ ats~i.q+t-eare deepiy about the welfare`~Zde. a+~}~t6ea m~es~3 thcir fsiai&es =~ `~.. _-_ _: _ ~ e:` Moteovrr, the tohacco ibdustiy iit Keaauky. is n:vitat cd~nt of tfie srate's overall erononty. Cotmstees iaduszty;snppTCs, retail consumet tueichasi_s and iuher buai.aesses are currently operaung in che £omsnem~~fauks b~i~ttsttieru geae~ted~.e 3oh_acca irubichy and itc enpiuyars. Tobaarn workels earnhigh wages and receive substantial benefirs which are nailuplied over aad aver again in oia; cornmuniries and heip support criticai public wor{cs and seivices throngh tax.revennay they gencste• Food and Drug Admmis[radon regulation of tobacco and the inevitable loss of jobs as a result, would crippte the tax base of local and swze goverttttmac, urmecessarily burden social setvice budgets and programs and leave many, many famiHes destitute. At a time witen Kentucky is working hard to retaia exscng industry and rectuit naw htgh-wage jobs, we view edbrts proposed Dr.;Kessler stMFDA . ,•:,•l: ° desuucrive and seoally unjust. Tobacco is a'1tt s~gti ~a~ produa in eb ni~ted~Stsies, a key psh anp and a czndal ecanaanc mat.,<ray, and should continue to be trested as such. The Kennrcicy State AFL-CIO appreciates your coasideration of our position on this issue and rnpectfirIly axk.r far yawr favorabie a;tiou and response.

bfr. Harold Idon, Augwt 18, 1995, p.2 to work with the tobaeoo indusny so that smoidng by young people will be discouraged. What is really needed ia a no-nonseo.se program put m place by in.dusny and scrurinized for accountability by this Administradoa and the publia. Presidest CGnton baa dmwnsuated the courage to foau aad improve aocdal issaes, and we commend 2sitn fortMi FTowevc, we do not believe this is the correct remedy to a problem shared aaoas this cotmtry in every commnnity. Piease do not hesitate to call my office if you have any questions. Looking forwatd to working with you,. I am Very mily yoius, Goorge 3. ICourpias laternarioaal President GT1Umrnp

ktternatfonai. Associaotlon of Machinistg and Aerospace Workers GL-2 r.egislati, e August 18,1995 D6r. Ffamidldces Assistarit to the Pre,tideat and Deputy CGief of Staff The White Houae 1600 Pmasylvaaia pvetrue, N.W. Washittgton, DC?A503 Dear Mr. Ic(ces: saao u.a*" Ple[e Upperwf+oomwtyw"rriasar ae. cadb= „ED;, 9674suo qFM Of nHE INtEFtAIAT+[Iwt. PFZaEt(r I am writing on beltalf of the intennational Association of Machinists and Aerospace Workers to express our opposition to the Food and Drug Administradon's regulation of tobacco products. It should be understood that we support the Pre.sideat's position that he must aggressivdy pursue educational programs that attack and stop teenage smoking; however, we believe tfiis goal can be attained without FDA regulation of tobacco products. The economic, social, and political impact of this proposed regulation must be taken into consideration. The IAM repreaents more than four thousand men and women employed in the domestic tobacco industry. The securitv of these jobs may be placed at risk if this action is taken. As you know, this nation is experieacmg a loss ofjobs due to base closures and defense spending cuts. This defense conversion process alone presents an economic and political challenge for our union and this Adttdnistration to overcome. This Administration must project policies that promote economic stability and growth. The states of Georgia; Kentuck}; ;tifaryiand; Missouri; North Carolina; and Tennessee will be critical to the reelection ofPresident Clinton in 1996. If the President fails to be reelected in 1996 his vision of a healthier next generation will be lost. Political and tobacco industry opponents lack credibility ifthey argue against thePraident's initiative to stop the youth of this country from becoming habitual users oftobaoco prodtuxs. His conrerns are well founded, bu must be balanced with politicai reality and long-term strategy that will maintain economic stability and tobacco indusay accoumability to extend into the President's second terrn. The loss of both the House and Senate in 1994 and the partisan Republican politics we have observed being played out in both chambers of Congress must come to an end with the 1996 elections. Curretrtiy opportmtities do exist to regain seats lost in tobacco producing Congressional distriaa. People do enjoy the use of tobacco products. Thers is common ground

JAMES G. NEELEY. Prestdnst A.C.r.W.U EDDIE sRx,LV. ssesermyrnssurer c.Wa. JDLmSSE GA[nvca. sx.e. vte. Prrs. U•/'hi•+f•ti EDDIE COLUNS. Ist V(e. Preaidsnt U.F. & C.W. HAItOLD WOODS. 2nd V[et Presldent U.s.W.A. Tennessee AFL-CIO Labor Council 1991 Littddl Avmue • lVashvi!le,'['N 372D3-5509 • 615R69-7111 iee Fresidenra ZLLiE JOE ALEXANDER A.p.S.C.Sf.E. -_RRY ANDERTON U.r.u. RED ASHWTLL [.B.E: W. K. HENNETT A.T.U. cORGE CIVTVER U.P.L S. ".AUDE CLA.YTON v.s.W.A LLUuY GROBMYER LL.G.W.U. uSIES HALE (thnrera KNOWLES F._..tbera ;l1RLIYE MARTIN I.U.E. 5S ODOM Rubber Workers .YE ORR D.P.E.I.U. PERAY 'f.chin;sts . M POSEY ' '!re Flghters Y SEWELL :arpenrers d SIMPSON ..B.G. fMY SPRI\GFIELD B.E.W. UG STEPHENS ).c.xw. RRY SWAIM .m.a. LT WHITTEMORE .A.W. iS. WOLFENBARGER ;1.E. August 8, 1995 The Honorable William J. Clinton President of the United States The White House 1600 Pennsylvania Avenue Washington, D.C. 20001 Dear Mr. President: We wish to express our concern at the leadership of the Federal Food and Drug Administration. We understand what this department is charged with, certifying the safety and effectiveness of consumable and pharmaceutical products and treatments. However, there is an obsession in this department on tobacco. These controls by the FDA, puts the administration in dire consequences in the State of Tennessee. We have a lot of families that depend on this industry for their total iivelihood and support. It does not speak well of you to have FDA Commissioner Dr. Kessler, to use his position to pursue a personal agenda against the Tennessee and U.S. Tobacco Industry. We would hope that you and Dr. Kessler would pursue a position of research and testing to end suffering and to save lives. Don't underestimate the impact this will have on the State of Tennessee. We ask you use your authority to re-direct Dr. Kessler's position at the FDA. You, Mr. President, should make this decision with all the information about such impact an individuals lives in Tennessee that don't smoke and grow this crop for their livelihood. Finally, Mr. President, "There's many ways to skin a cat without throwing the baby out with the bathwater." We are anxiously awaiting your response! JAMES G. NEELE President JGN:kd opeiu 812 afl-cio

M, MIMVpM P~ YACfn. G.wp164t le4 (01?) 71041131 » FMO w~ -eCr In.rrr EnaM sinmaa -lu wr~ .,....., ida,amaM-aelMi r.WA.ww.P.r.. QYMy Wae" - AT[F 90ft"tAo/+/Y Mlefe J1A1M-baYf Hw~ wsu w o.wM-+u M°°r` FMM-ewA Fw»Lr rxr.w Ma.. ewn-~.ea.~. ~.....+u... w«,.n'xw-i.onur e+.r.. @ear President Clinton: July 28,1945 As Georgia State President of the A. Philip Randolph Institute and as a member of the Bakery, Confestlonery and Tobacco Workers Loca1362-T, I can safely say that I can speak for the 1500 members in my union and the state membership of the A,P.Rl, that we oppose any fStrther regulation of tobacco producta by tite FDA. What we are taking aisut sa j9i1Ll, and these are the best jobs in the Middle Georgia area. As a single African-American woman, my job gives me an opportunity to provide for my three daughters and also give something back to my community. and loss of jobs would be devesttng to them, their familla and to our region. The A.P.K.IL contribution to your 1992 victory was way above the n al.etfotls, not The tobacco industry is highly unionized and employs many Afrfcan-American woanen. out-tbt,.vote efforts on election day. The members of my unloa•iL ~o ~~CSnton-f Core snpporten In 1992M w/th dollars but with hard work, witb our massive voter~ ~; Mr. Praident, we want to support you in 19961 but we are finding it d!ffietdt to do so when there is always an attack on our liveiihood by someone in your admbilstratloa. We would appreciate your support and attention to thae issua. Sincerely, 0 t

THE WHITE HOUSE WASHINGTON August 30, 1995 Mr. Christopher Scott Prevdmt North Carolina State AFL-CIO P.O. Box 1805 Raleigh, NC 27603 Dear Chris: Ttwttks fbr your 20 July letter. Despite the strong opposition it may stir in certain quarters, the President feeis suongly that his recently announcrd position to substantially decrease the ability to make tobacco available to teenagers is critical to the welfare of the nation. Hopefully, public opinion will support him, but whether or not, he has chosen the course. Hope all goes well for you. I look forward to working with you in the coming year. Best wishes, 16-~/ Harold Ickes Assistant to the President and Deputy Chief of Staff

~L~dA31115~m t;OilIIC1~ Of SEI110!' ri f fiZ0f h saMMw.*cnsa"w... * aae.A= wneAiW, tivf.oR.bl= (44 u"ooe0 •- 8ocou)asaaert Anps2, 199S mu cuaam vhls Hau. bitia¢aa aC. ZOSQO t 1 lDNrw Rmiamt I I As Pra:daut of t5a Wbooaaia 9ms CoUMdt oE S.aios Cldmns I am weldng m paWa~i[t a=Pe.. aa oppoddaa m Food md DeuZ adatiauadm lapil.dm of m6vra peodaen. I 'I7io o_~ we haw ia ehss ase~t a ze~sieioa, li Iai~awd, wdi has a Jaad baeaen:eLedr. ~Coaadl ~'u madr up of mnd7 mdmds ~ V >` . In addidon to var coac.uaa aboc: oas aalin btodsara aad duea woridag !ia tha iadnaa7r wr cit tm a waamad if the BL1A ia allow+ed co Impas ia r.Salatlon, le aaaid adneedy affoa 5dandt~ amd;duer oi ah. Ad~riaa ia dshs ran. wp.dalFf ia du Saads Tha ia aodai to ms if we ne s0 ra.mcs c5a .ad ..aioc, Qad .vaJar poUel.a wmia6 vac oP the Rapahtk= CoaRram ~ i 13e Wissoaafa Saue Cooadi of 8cmiar C.Wveaa appeemaa your rnai[dm- ,'adoa of our caocarna oa dai. isa., sw=* 7vam Charli. WM1.ms ( Saaa FesWdeav I ~ A~qlGror~ wilh fh. Naf:orsal Cawreit of Septor Cilhzni . Wcihir~gtart~ D,C. I

BAKERY, Q0IVFECTIONERY AND TOBACCO WORKERS UNION LOCAL 128 100 ARLINGTON AVENUE SUITE 113 NASHVILLE, TENNESSEE 37210 (61.V 242 5163 JACK IRSY TOMiviY WEBER B[JSIIdESS AGENT PRESIDENT The Honorable Albert Gore. Jr. Vice President of the United States The White House 1600 Pennsylvania Ave. Washington, DC 20S00 Dear Mr. Vice President. On behalf of Bakery, Confectionety and Tobacco Workers Local 128 which represents more than 120 workers, r am writing to respectfutly express our nnion's strong opposition to Food and Drug Administration regulation of tobacco products. We are opposed :o this action for a number of rcasons. As you well know, the tobacco industry is a vital component of Tennessee's overall economy. Countless farmers, industry suppliers. retail consumer merchants and other businesses and their employees are dependent on the domestic tobacco industry. Food and Drug Administration regulation of tobacco products would cripple the industry and this would have a severe impact on the tax base of state and local government. We are also opposed :o FDA regulation of tobacco products because such regulation jeopardizes the jobs of thousands of union brothers and sisters empioyed in the domestic tobacco industry. These men and women earn high wages and have extensive benefits. Finally, as union members, we believe it is critical to the interests of all working people to re-elect the Clinton/Gore team as well as add Democrats to our state's congressional delegation. However it wiil be difficult to achieve these goals if the Administration takes extreme measures to hatm an industry so important to this state. J Bakery, Confectionery and Tobacco Workers Local 123 a preciates your consideration of our ~-. ~ p concerns on this important issue. ca m 1 usthess T Loca1 128

NV c /rhf1C1•l.C.{t- '/wA!" ~1- , BAKER'S LOCAL No. 326 - AFL-CIO 10501 ALLEN ROAD SUITE No. 206 ALLEN rARi( t,AICHIGAN 48101 r313) 386-1515 .iu1y 27, 1995 The President The White House Washington, D.C. 20500 Year Mr. President: On behalf of the Bakcry, Confectionery and Tobacco Workers International Unicn, I am writing to respectfully express our opposition to Food and Drug Administration regulation of tobacco products. The BC&T Internatinnal Union is concerned that FDA regulation of tobacco products will have a devastating effect on an industry which is highly unionized with excellent wage and benefit etandarzis. However, our interest in this goes beyond a concern for union brothers and sisters working ia the industry. We believe that ii the Administration, as a result of pursuing an anti-robacco policy which disproportionately affects the South, is perceived as "writing off" the region politically, Republicans wi11 divert considerable resources to Michigan, a critical battleground state. Such an additional infusion of resources by the Republicans at the national level would jeopardize our efforts to carry Michigan for the Clinton/Gore ticket once again as well as increase or retain the number of Democrats in the Michigan congressional delegation. These are orioritv ¢oaLs for us iL we are to reverse the .snt,i.-vo.rker, anti- union Policies coming out of the ftePu6licpn q~ ,,aaiF e;~ . ' . ~ ^LL ":.. ,! :: ~: _1 lzw- ii., The BC&T InternationaL Unir,n appreciates your coas eracioa of our concerns on this issue. Sincerely, Donald W. Roger s President B/A Baker's Local 7326 t ! !~N

Aa-dt7. ac TRANSPORTATION • COMMUNKAT/ONS lNTERNAT/ONAL UNION luly ZS, 1995 The Presidettt The WhiteEfottse wasizingron, DC 2M Dear IHr. President: GARY M. FAlFY MCt"W 41~ t*V~ oi'mw As the Michigan State Legislative Director for the Transportation Communications Grternational Union,! am writing to respectfvlly express our opposition to the Food and Drug Administration regulation of tobacco products. The severity of the impact that FDA regulation of tobacco products will have on our union brothers and sisters who work in this highly unionized industry is a major concern. Further, we are concerned for the many other union workers who will be affected here in Michigan. Even though this is not a"tobacco" state many Michigan union workers wi11 be affected among the United Food & Commercial Workers who stock store shelves and work counters in stores, and the Teamsters who transport these products to market. Beyond our concern for our union brothers and sisters, we am also concerned that such an anti-tobacco policy could be interpreted as "writing off" the South politically. That could allow the Republicans to spend more -sources Michigan -- a critical state for your re-election. More resources made available to Republicans here will seriously hurt our efforts to carry Michigan for the Clinton-Gore ticket. It will also piace Senator Levin and every Democratic Congress member at higher nsk. We cannot take such chances if we are to reverse the anti-worker, anti-union policies coming out of the Republican Congress. Thank you for your consideration of our concerns on this issue. " V%V 1'1W Gary M. Faley Michigan State Legislative Director cc Harold Ickes : (3 6324 Calkins Road 9 Flint, Michigan 48532 * (313) 733-7256

HAM= CONFECTIONERY AND TOBACCO WOREFAS Local 362 - T 8604.e0ppe"MMLLEROAD P.0.e0X47ee M"CON.l9Aa190p.i1e0 Olb (91M Ue.1e21 . Fu (0t21 7a6a036 July 25,1995 President Biil Clinton The White liouse Wuhingtoa,DC 20500 Dear Presidmnt Clinton: As Local Union President, I cannot express strongly enough how much that I and the 1500 memben that f represent, oppose any further regulations on tobacco products. Futher reguiations on tobacco products threaten our jobs and the future of our families. As union mernbers we supported you and the Democratic Party in the 1992 electtoos7 but it is getting harder and harder to support you and the national Democratic Party; when our fivelihood is under constant attack from elements in the Democratic Party. The Democratic Party here in Georgia has been hurt, and I place the blame to a large degree on the attack on tobacco products. We would really like to support you in 1996, and help the Democrats gain back the house seats that were loss in the 1994 elections; but we need your support in protecting our jobs. Thank you, Robert Ray, P/res^id eut Justice On The Job • 5eaurity For The Family • 3ervica To The Conuaunity AHIWRn WN7t 6A atATL AlLCto 4 NAMN

B.C.T.W.LU. LOCAL UNION NO. 16T t827 West Broadway • Louisville, KY 4= (5D2)778-3376 • Fax:(5023778-3377 Sames a ilasterson 07-25-95 Cope Director J. W/ynCPRYt! IS.Ndum Iarry R. Stew.rs vkMtnldant Richard D. Wanion Jr. Acacrdtagsacmpry JwnME Muecnon Flla Seemr.ry•imsurcr M.rty B. Cook xy,csne,r Arms THUSrEES Leo Gaila6her Buddy Fiitt foe:Pholps The President The White 8ouse Washington, DC 20500 Dear Mr. President: Recent nevs reports indicate that the Food & Drug Administration Director David Kessler is moving to circumvent the legislative processes and is submitting proposed regulations on tobacco products directly to you. The FDA does not have and never had _the authority to regulate tobacco products. As the Copa Director of Local 16T of the Bakery, Confectionery and Tobaeco Workers International Union, I write to you to blocx this totally inappropriate action, which would have a devastating economic impact on the 1400 dues paying, union members I represent. Tobacco is a legal product produced in the United States. These men and woman that work in tobacco earn a high wage and benefit that is second to none in the United States. Further assaults on our product is putting the families of union members and families in the State of Kentucky jobs in jeopardy. As you are a;rare Kentucky has a Governors race that is to be held in November, that is going to pivotal for the elections to be held in 1996. Demoerats in Kentucky are scrambling to hold on to the Governor office and prevent any further looses of Democrat Representatives to the state in November. t Local 16T was a very strong supporter of Clinton - Gore in the last election not only with our members but also actively campaigning in Kentucky and•Sautl~_ Por.,~` ." the victory. Local 16T members ~vqa~~, p tha:4~ ~'~L~ o do Presidents reelection, but are Pinding it di=W1 t so when their livelihood is at risk. We urge you to reject any efforts by the FDA to change current regulatory policy towards tobacco. ThanJC you for o ~ your consideration of our position on this issue. ~ ~ S ncerel yours, UI Ln -0 ~ anes E liasterson COPE Director Local 16T B.C.T.W.L U.

OHIO VALLEY COUNCIL OF SHEET METAL WORKERS I The President Tha tsBita 8ousn Washington, DC 20500 Dsar Mr. President: On bebalt of the Ohio Valley Council of Sheet Matal t Piorkers, whicli has more than 9,000 msmbers in Chio and West Virginia, I am writing to express our opposition to rood and Drug Administration regulation of tobacco products. The Councill ia opposed t~ sucri rsgulation because we believe it will have a serious adverse effaet on the domestic tobacco industry and its workforca. our Intarnational Association represents skilled tradesmen and women working in the industry and their jobs would be in jeopardy as a result of FDA regulation. We are also deeply concerned that if the Administration, as a result of pursuing an anti-tobacco policy, is asen as "a2iting oti" the South politically, Republicans will be able to divert significant resources to key electoral states such as Ohio. As the political director for the Council, I know the tremendous impact massive Republican resources will have on the Presidential campaign in ohio as wall as the congressional races. Mr. President, wo are eammitted to doing everything possible to carry Ohio for Clinton/Gare and to elsct more Democrats to Congress. Wo 7mow this is essential it we are to save Davis-Baean, workplace health and safety programs and other programs important to union Sheet Metal Workers and all working paople_.r We hope you will keep these eoneerns in mind as you address this issue. Thank you for your time and consideration. Sincerely, . 104-IC6 David J. 9tiYSiams Executive Secretary t ..g,

Ch.ixoph.? scoa Prosra.nr NORTH CAROLINA STATE A.F.L.-C.I.O. Post Office Box 10805 Raleigh, North Carolina 27605 Phone019)833.6678 ,LnfKAndnws secmrary-rnaswar E%*cutiwffeard July 20, 1995 cW. urWM .~.«.. Jw N'.w USWI ,«ry W.u.+1cmn ,.M JaM1 MN CWA L..i. e. W/ .Mnnn M<L.C. eeW J.er c.,,~.. vr awnrao•e~.. /FF Kntl lM. JNW. 0. Ln. .coe f1MM M.nwn U/CW f.alen G.I. CSN/ Jdw O.AV~. UWY ..«w« C..n. mw Harold Ickes Deputy Chief of Staff The White House 1600 Pennsylvania Ave. NW Washington, DC 20500 Dear Harold: Strictly on political grounds, involving the FDA in tobacco makes no sense. In 1992 North Carolina forced the Bush campaign to spend major resources defending a state that they had hoped to win easily. Indeed, my recollection is that Bush himself was in the state three times in the last two weeks of the campaign. Hy taking extreme measures to harm our number one crop and industry would seem to be a declaration of electoral surrender. 0 Governor Jim Hunt will head the state ticket and he remains ! the most popular governor in America. This should be of great advantage to the presidential election. In addition, we have a chance to pick up two or three seats in the U. S. House from the 1994 debacle. Turning around the House could be an important element for a successful second term. I know that tobacco is out of favor, but please consider the politics and timing of the proposed decision. Your friend, Christopher Scott -40~1'

2 The nation does not need another industry devastated by unnecessary over-regulation. Regulating away thousands of domestic tobacco industry jobs is not the solution to the problem of teen smoking. The most effective approach to this problem is outlined in HR 2414. This legislation builds on and strengthens the wdsting SAMHSA law as it relates to state efforts to control retail sales to and use of tobacco products by minors. It also addresses certain marketing and advertising practices. The tobacco industry and our unions support this type of no-nonsense, tough enforcement approach which brings into the process state and local government and the industry. This approach directly targets the core of the problem. We hope you will support H.R 2414. Thank you for your consideration of our concerns on this issue and we look forward to your response. Sincerely, Frank Hurt Intemational President Bakery, Confectionery and Tobacco Workers International Union George J. Kourpias International President International Association of Machinists and Aerospace Workers FFUGJK/CJJ:smr

10401 CONNECTfCllT AVENUE, KENSINGTON, MARYLAND 20895-3961 TELEPHONE (30I) 933-8600 FAX (301) 946-8452 FRANK HURT INTERNATIONAL PRESIDENT October 18, 1995 The Honorable Neil Abercrombie United States House of Representatives 1233 Longworth HOB Washington, D.C. 20515 Dear Congressman Abercrombie: On behalf of the Bakery, Confectionery and Tobacco Workers International Union and the International Association of Machinists and Aerospace Workers, we are writing to urge your support for H.R. 2414, sponsored by Congressman Scotty Baesier ofKentucky. We believe that this legislation is an effective, appropriate approach to controlling underage use of tobacco products in the United States. Let us state from the outset that we strongly agree with the President that controlling underage use of tobacco products is an important national goal. However, we believe this goal can and should be achieved without FDA regulation of tobacco products. The FDA proposals put forth by the Administration and currently under consideration by the agency will do little to control underage tobacco use. They will, however, lead to greater control over adult use of tobacco products. These proposals, taken in their entirety, will most certainly have a crippling effect on the domestic tobacco industry. This industry is highly unionized. Most industry employees are members of one of our unions. These workers earn good wages and excellent benefits. The security of these jobs would be placed at risk if FDA regulation and the proposed restrictions become a reality. As you well know, the country has been experiencing a severe loss of industrial sector jobs over the past decade. This job loss is eroding the tax base of communities around the country and impacting the quality of life of millions of middle-income working families.

9j' 1560>

2 The nation does not need another industry devastated by unnecessary over-regulation. Regulating away thousands of domestic tobacco industry jobs is not the solution to the problem of teen smoking. The most effective approach to this problem is outlined in S. 1262. This legislation builds on and strengthens the existing SAMHSA law as it relates to state efforts to control retail sales to and use of tobacco products by minors. It also addresses certain marketing and advertising practices. The tobacco industry and our unions support this type of no-nonsense, tough enforcement approach which brings into the process state and local government and the industry. This approach directly targets the core of the problem. We hope you will support S. 1262. Thank you for your consideration of our concerns on this issue and we look forward to your response. Sincerely, Frank Hurt International President Bakery, Confectionery and Tobacco Workers International Union J!J.r ) kllp_~, George 1. Kourpias International President International Association of Machinists and Aerospace Workers FH/GJK/CJJ:smr

THIRD-PARTY POLITICAL CONTACTS -- FEDERAL OTHER Completed Activities • The National Licensed Beverage Association adopted an anti-FDA resolution.

Wonfectycmc1Iiezec 7Von& e&Ma&1IdP~,~ 1040T CONNECTICUT AVENUE, KENSINGTON, MARYLAND 20895-3 96 1 TEt_EPMaNE (301 ) 933-8600 FAX (301) 946-8452 FRANK HURT INTERNATIONAL PRESIpENT October 18, 1995 The Honorable Spencer Abraham United States Senate B40 Lirksen SOB Washington, D.C. 20510 Dear Senator Abraham: On behalf of the Bakery, Confectionery and Tobacco Workers International Union and the Intemational Association of Machinists and Aerospace Workers, we are writing to urge your support for S. 1262, sponsored by Senator Wendell Ford of Kentucky. We believe that this legislation is an effective, appropriate approach to controlling underage use of tobacco products in the United States. Let us state from the outset that we strongly agree with the President that controlling underage use of tobacco products is an important national goal. However, we believe this goal can and should be achieved without FDA regulation of tobacco products. The FDA proposals put forth by the Administration and currently under consideration by the agency will do little to control underage tobacco use. They will, however, lead to greater control over adult use of tobacco products. These proposals, taken in their entirety, will most certainly have a crippling effect on the domestic tobacco industry. This industry is highly unionized. Most industry employees are members of one of our unions. These workers earn good wages and excellent benefits. The security of these jobs would be placed at risk if FDA regulation and the proposed restrictions become a reality. ~ As you well know, the country has been experiencing a severe loss of industrial sector jobs v over the past decade. This job loss is eroding the tax base of communities around the ia country and impacting the quality of life of millions of middle-income working families. o ~

91?156Q9 F

~ ~ CA C0

q1715605 R

STATE POLITICAL CONTACTS SUMMARY Completed Activities 9 Summaiy of activites is attached.

• State Senator Allen Gordon submitted comments 11/1/95. • State Rep. Bobby L. Hogue submitted comments 10/27/95. • State Rep. David Choate submitted comments 10/26/95. • State Rep. James G. Dietz submitted comments 10/24/95. • State Senator George Hopkins submitted comments 10/16/95. • State Senator Nick Wilson submitted comments 10/24/95, • State Rep. Greg Wren submitted comments 10/13/95. CALIFORNIA • Commitments for letters received from the California Association of Tobacco Distributors and the California Outdoor Advertising Association. • Assemblyman Steve Baldwin submitted comments dated 11/6/95. • Assemblyman Brett Granlund submitted comments dated 10/26/95 • Senator Ross Johnson submitted comments dated 10/31/95. • Assemblywoman Barbara Alby submit.ed comments dated 11/7/95. • Mexican American Grocers Assoc. submitted comments dated 10/11/95. COLORADO • Colorado Association of Distributors submitted comments dated 10/30/95. In addition, the Association will forward to its membership for comment submission. • State Representative William T. Martin submitted comments dated 11/6/95. • Commitments for letters received from Rep. Tony Grampsas, Rep. David T. Owen, Sen. Joan Johnson, Sen. William Thiebaut, Sen. David Wattenberg, Denver City Councilwoman Cathy Reynolds, Colorado Retail Council, Rocky Mountain Food Dealers Assoc. Colorado Licensed Beverage Assoc., Southland Corp., Rocky Mountain Oil & Gas Assoc. • Creager Mercantile Wholesale Grocery & Supply submitted comments 11/14/95. • Core-Mark Int'l. Inc. submitted comments 11/22/95. CONNECTICUT • The CT Assn. of Tobacco & Candy Distributors submitted comments 11/8/95. • The S&S Companies submitted comments 11/8/95. • Atlantic Tobacco Company, Inc. submitted comments 11/13/95. • Central Vending & Coffee submitted comments 11/17/95. • Self Service Sales Corp. submitted comments 11/15/95. • A&B Vending Co. submitted comments 11/15/95. • The Grog Shop submitted comments. • DBA Dawn Convenience Stores submitted comments. 2

• ALEC adopted a resolution which called for reform of the FDA and included paragraph blasting the agency for attempting to get into the tobacco arena, which would erode resources of the agency intended for the job the FDA was to do. The resolution was sent to all members of the U.S. Congress. • The Southern Legislative Conference of CSG passed a resolution in opposition to the FDA proposed regulations. ALABAMA • Comments submitted by State Senator Dewayne Freeman dated 10/3/95. • Comments submitted by State Representative Joe M. Ford dated 10/10/95. • Comments submitted by State Representative Albert Hall dated 10/10/95. • Comments expected to be submitted by 7 other state legislators. • AL Wholesale Marketers Assn. has filed a response with the FDA Docket. • State Rep. Perry 0. Hooper, Jr. submitted comments 12/7/95. ARIZONA • Vending Concessions, Inc. submitted comments dated 10/10/95. • State Senator Thomas C. Patterson submitted comments dated 10/25/95. • Commitments received from Senator Randell Ganant, Paul Bennwitz, Ex. Dir. of Food Marketing Association of AZ. • State Representative David Armstead submitted comments dated 11/3/95. • State Representative Pat Connor submitted comments dated 10/25/95. • State Representative Dan Schottel submitted comments. • Arizona Retailers Association submitted comments dated 11/7/95. • Lee Tilford, President of AZ Licensed Beverage Assoc. submitted comments. • State Senator John Green submitted comments dated 11/8/95. ARKANSAS • State Representative Evelyn Amrnons submitted comments dated 10/20/95. • State Representative Joe Harris, Jr. submitted comments dated 10/20/95. • State Representative Jerry E. Hinshaw submitted comments dated 10/20/95. • State Representative Doug Wood submitted comments dated 10/23/95. • State Representative Jimmie Don McKissack submitted comments dated 10/19/95. • State Representative D.R. "Buddy" Wallis submitted comments dated 10/19/95. • State Rep. Wanda Northcutt submitted comments 11/8/95. • Dowd, Harrelson, Moore & Giles submitted comments 10/30/95. • State Rep. Terry Smith submitted comments 11/2/95. 1

• Stop & Gv submitted comments. • W. F. Shuck Petroleum Co. (302 E. Main St.) submitted comments. • 542 Rocky Hill submitted comments. • Sams Food Store submitted comments, • J& J Tobacco submitted comments. • Turnpike Sunoco submitted comments. • Simeones Mobil submitted comments. • Whiskey Pete's Beverage Mart submitted comments. • West Street Shell submitted comments. • Daata Mart submitted comments. • Berlin Convenience & Deli submitted comments. • BishoF's Garage Inc. submitted comments. • Logan's Air One submitted comments 11/22/95. • Dairy Mart (822 E. Center St.) submitted comments. • Shuck Petroleum (301 Berlin Tpke) subr_vtted comments. • Dairy Mart (60 Main St.) submitted corn:nents. DELAWARE • Doverpowns race track submitted comments. In addition, urging employees and supporters to submit comments. • Three Sons Smoke Shop, Inc. submitted comments 11/15/95. • Kent County Commissioner Ronald D. Smith submitted comments 11/16/95. • Dennis McGlynn, President, Dover Downs, requested that all employees submit comments to Congress and FDA. • Jane M. Burnley submitted comments 11/17/95. GEORGIA • GA Agribusiness Council is drafting a letter to the docket. • GA Assn. of Convenience Stores has filed written comments to the FDA Docket. • Brown & Williamson is providing the program for GA Farm Bureau's annual meeting Dec. 3-4. • GA Agricultural Commodity Commission for Tobacco is planning a petition drive to spur a letter-writing campaign. . GA Chamber of Commerce is drafting a letter to the Docket. • Macon Chamber of Commerce is drafting a letter to the Docket. • GA Industry Assn. is drafting a letter to the Docket. 3

TFtC WHITE hOtJSE WAd M! N OTO N 12 Ootnbs 1998 CAarl" 6f321iams lresiftst 9tisoonsin, Btats Caunoii of 8•rti.or Citiseft6, Ino. 86268 Hast 3anesfiald Avs. Wit4 X30tt 1fiat 11111s, Wisconsin 53214 Dsar bir. Wiiliamst Thank you vert much !or your :attsr oaacarainq the aconamio, social and politimai ramifimations of r9pulatlaQ tobacco aonsumptioa. 2 apprsotata your takinQ the tims to shars your visws with me. X want to maks it alasr that the Prssidant'a sfforts in the arsa of rsqulatinQ tobaaCo ars directed osilY at keeping tobaaao out of ths handa nt ahildrns. : am surs you will agras that it is in the natianal interest to take rsaaonab1a staps to raduos the aaa.ss of children to tobaoco. This is Khat the Prssidant has dona. This is not a first stap towards rsqulation of tobaaao for adults. And because of this foous, the soonomia impaat on tobacco statas is bottt Qraduai arrd ralativsly sma11. Over 80# ot adult smmRsrs b.qan as minors, baplrsnirsQ, an avsraps, at aqs 14. According to the Cantsr for Disease Control, of the two millioss Anuriaaas who will die in 199d,.approximataly 420,000 will die of ooaditions- assooiatsd with tobacco. This nssmbsr is almost tann timas the armvai hiqhway toll and mors than the oomb3nad dsaths last year lraa aooidsnts, murdars, auiaidss, ai1]Q, dYuqs. aloahol-r.latsd dissas.s and tira. The emphasis ot ts. grssidsnt`s efforts is in protecting tns health snd wsifrre ot ah.ildr.n and the issue is abava politias, t hone you aad your maa<bsra will be abls to support l.is efforts. 8ine.ratyr tj+.+d SU& N4rold zcksr Assistant to the President and Dsput.p Chief of itasf

i • State Rep. L. Jack Lutz submitted comments 11/1/95. • State Rep. Larry E. Lutz submitted comments 10/26/95. IOWA • State Rep. Larry Disney submitted comments 11/1/95. • State Senator Merlin E. Bartz submitted comments 10/24/95. • State Senator Richard Drake submitted comments 10/26/95. • State Rep. Phil Tyrrell submitted comments 10/27/95. . State Senator Mary Lundby submitted comments 11/2/95. • State Senator Stewart E. Iverson, Jr. submitted comments 11/2/95. • State Senator Jim Lind submitted comments 11/3/95. . State Rep. Neil P. Harrison submitted comments 11/7/95. • State Senator Jack Rife submitted comments 11/7/95, • State Senator Allen Borlaug submitted comments 11/7/95. • State Rep. Dick Weidman submitted comments. KANSAS • State Representative Doug Spangler submitted comment dated 10/6/95. • State Representative Tom Sawyer submitted comment dated 10/4/95. • State Senator Sherman Jones submitted comment dated 10/4/95. • Kansas Wine & Spirits Wholesalers submitted comments dated 10/24/95. • Chuck Nickolay of the Kansas Association of Convenience Stores submitted comments • Speaker of the House Tim Shallenburger submitted comments dated 10/12/95. • Kansas Oil Marketers Association submitted comments dated 10/6/95. • Hartland Park (race track operators) is working on generating 1001etters from employees and supporters. • State Senator Dick Bond submitted comments. • Kansas Lodging Association submitted comments dated 11/3/95. • Kansas Hotel Association submitted comments dated 11/3/95. • State Senator Paul `Bud" Burke submitted comments dated 10/31/95. • State Representative Carlos Mayans submitted comments dated 11/6/95. 6

• State Senator William Shaw submitted comments dated 10/13/95. • State Senator Robert J. Bugielski submitted comments dated 10/13/95. • State Representative Fernando Frias submitted comments dated 10/13/95, • State Senator Bruce A. Farley submitted comments dated 10/13/95. • Illinois Manufacturers' Association submitted comments dated 10/16/95. • Alderman Rafael "Ray" Frias (City of Chicago) submitted comments dated 10/16/95. • Alderman Richard F. Mell (City of Chicago) submitted comments. • Alderman Ray Suarez submitted comments dated 9/18/95. • State Representative Miguel A. Santiago submitted comments dated 10/19/95. • Commitments for letters received from Rep. Kay Wojcik, Rep. Chuck Hardke, Sen. Tom Dunne, IL Retail Merchants Assoc., IL Liquor Control Commission. • Alderman Laver & Shaw, City of Chicago, submitted comments. • Senator Laura Kent Donahue submitted comments dated 11/1/95. • IL Coin Machine Operators Assoc. submitted comments dated 10/30/95. • State Rep. Kurt M. Granberg submitted comments 10/23/95. • State Rep. Dan Rutherford submitted comments 11/1/95. • Ronald T. O'Connor submitted comments 11/10/95. • Thomas J. Bolger submitted comments 11/29/95. INDIANA • Letter submitted from Bob G. Pruett dated 10/19/95. • State Representative Robert K, Alderman submitted comments dated 10/23/95. • State Senator Johnny Nugent submitted comments dated 10/30/95. • State Representative Dennis Heeke submitted comments dated 10/31/95. • State Senator Jean Leising submitted comments dated 11/6/95. • State Representative Paul S. Mannweiler submitted comments 11/14/95. • State Rep. Cleo Duncan submitted comments 11/20/95. • State Senator James A. Lewis submitted comments 11/3/95. • State Rep. Jerry F. Bales submitted comments 11/29/95. • State Sen. Richard Young submitted comments 10/26/95. • State Rep. F. Dale Grubb submitted comments 10/30/95. • State Rep. James L. Davis submitted comments 11/9/95. • State Rep. Jerry L. Denbo submitted comments 10/18/95. • State Sen. Thomas K. Weatherwax submitted comments 11/16/95. • State Rep. Jon R. Padfield submitted comments 12/2/95. • State Rep. David L. Lohr submitted comments 10/27/95. • State Rep. Nick Gulling submitted comments 11/21/95. • State Rep. Richard W. McClain submitted comments 10/31/95. 5

KENTUCKY . • Brown & Williamson is planning on producing approximately 50 letters. • Louisville Local smokers' rights group collected 6300+ petition signature at September state fair. Petitions will be submitted to the FDA docket. • KY Farm Bureau is expected to generate 300 letters. • KY Tobacco Task Force Resolution sent to President, FDA and Congressional delegation with 75 signatories. • Brown & Williamson is making contact with 51 Burley Tobacco Growers warehouses and is offering assistance with letter writing. • State Rep. Charles R. Geveden submitted comments 9/14/95. • State Rep. Mark Farrow submitted comments 9/15/95. • State Rep. James M. Lovell submitted comments 9/13/95. • State Rep. Steven Riggs submitted comments 9/15/95. • State Rep. Gippy Graham submitted comments 9/14/95. • State Senator Fred F. Bradley submitted comments 9/12/95. • State Senator Nick Kafoglis submitted comments 9/13/95. • State Rep. J. R. Gray submitted comments 9/14/95. • State Rep. Royce Adams submitted comments 9/13/95. • State Rep. James Bruce submitted comments 9/14/95. • State Rep. Kaye Bondurant submitted comments 9/14/95. • State Rep. Gross C. Lindsay submitted comments 9/13/95. • State Senator Jeff Green submitted comments 9/14/95. • State Senator Albert Robinson submitted comments 9/14/95. • State Rep. Gregory D. Stumbo submitted comments 9/14/95. • State Rep. Barbara White Colter submitted comments 9/13/95. • State Senator Barry Metcalf submitted comments 9/ 14/95. • State Senator Paul Herron, Jr. submitted comments 9/13/95. • State Senator Kim L. Nelson submitted comments 9/12/95. • State Rep. Drew Graham submitted comments 9/13/95. • State Rep. Jim Callahan submitted comments 9/13/95. • State Rep. Adrian Arnold submitted comments 9/13/95. • State Rep. Hubert Collins submitted comments 9/13/95. • State Rep. Donnie Newsome submitted comments 9/13/95. • State Senator Larry L. Saunders submitted comments 9/12/95. • State Rep. Marshall Long submitted comments 9/12/95. • State Rep. Larry Clark submitted comments 9/11/95. • State Rep. Jesse Crenshaw submitted comments 9/15/95. • State Senator David E. Boswell submitted comments 9/26/95. • State Senator Robert J. Leeper submitted comments 9/28/95. 7

IDAHO • ID Wholesale Marketers Assn. will not take a position, but is encouraging members to send letters. • State Sen. Lyle R. Cobbs submitted comments. • State Rep. Fred Tilman submitted comments. • State Rep. Dan Mader submitted comments. • Lt. Gov. C. L. "Butch" Otter submitted comments. • Steve Roach submitted comments. • Mrs. Jay Cobbs submitted comments. • Elden Gray submitted comments. • Bruce Korstad submitted comments. • Lynn Lynn submitted comments. • Jim Meade submitted comments. • Darlene Manning submitted comments. • Leah Cruz submitted comments. • Janet Elam submitted comments. • Annette Harris submitted comments. • Stephanie Barnes submitted comments. • Richard Jordan submitted comments. • Duane Stotland submitted comments. • Charles Blatnon, Esq. submitted comments. • Tim Brennan submitted comments. • Mary Anne Kennevick submitted comments. • Scott Gabelman submitted comments. • Comer Brown submitted comments. ILLINOIS • State Representative Tom Ryder submitted comments dated 10/20/95 • State Senator Thomas J. Walsh submitted comments dated 10/26/95. • State Representative James B. Durkin submitted comments dated 10/18/95. • State Representative Vincent A. Persico submitted comments dated 10/16/95. • State Representative Brent Hassert submitted comments dated 10/16/95. • State Representative Jeff Espich submitted comments dated 10/26/95. • State Representative Carole Pankau submitted comments dated 10/30/95. • State Representative Bill W. Balthis submitted comments. • State Senator Kirk W. Dillard submitted comments dated 10/24/95. • State Senator Edgar Lopez submitted comments dated 10/19/95. • State Representative Joseph S. Kotlarz, Jr. submitted comments dated 10/13/95. 4

• David Hermel, President of A.H. Hermel Company submitted comments on 10/13/95. • Wayne Doyle of Midwest Vending, Inc. submitted comments on 10/18/95. • A draft resolution regarding youth and tobacco will be coming from the Ags office. Copy has not been obtained for verification. • Harold Wagenbach, President of the MN Wholesale Marketers Assn., submitted comments on 11/16/95. • Bonnie Currie-Noorda of Lloyd Currie & Sons, Inc., submitted comments on 11/15/95. • James D. Houser, President of Boyd Houser, submitted comments on 11/14/95. • Rita Rotta, President of Young's Jobbing House, submitted comments on 11/15/95. • Peter Jude, President of Jude Wholesale, submitted comments on 11/15/95 (different from 10/13/95). • Chris Johnson of Fritz Company, Inc. submitted comments on 11/14/95. • Steve Steinleitner ofMinter-Weismzn Co. submitted comments on 11/15/95. • Ross Amundson, owner of M. Amundson Cigar & Candy Co., submitted comments on 11/14/95. • Arnold Dass, President of Tyler Wholesale, submitted comments on 11/9/95. • Ralph Smith, President of Granite City Jobbing Co., Inc., submitted comments on 11/9/95. • David Sandstrom, President of Sandstrom's, submitted comments on 11/13/95. • Harry Harrison, President of Mason Brothers, submitted comments on 11/16/95. • John Holthusen of Thief River Jobbing Company submitted comments on 11/16/95. • Lauren Ettesvold, President of Fairmont Wholesale, Inc., submitted comments on 11/15/95. • James Watson, President of Watson Co., submitted comments on 11/15/95. • Donald Lyonais of Johnson Candy & Tobacco Co., Inc., submitted comments on 11/15/95. • David Hermel, President of A.H. Hermel Company submitted comments on 11/16/95 (different from 10/13/95). • James Eidsvold of Henry's Foods, Inc. submitted comments on 11/15/95. • Robert Jaekel of Hub City Foods submitted comments on 11/15/95. • State Rep. Loren Jennings submitted comments 12/7/95. MISSISSIPPI • Lt. Gov. Eddie J. Briggs submitted comments 11/26/95. • State Rep. Charlie Capps, Jr. submitted comments 11/20/95. • State Sen. Dick Hall submitted comments 11/20/95. 10

• State Rep. E. Porter Hatcher, Jr. submitted comments 9/28/95. • The City of Richmond adopted a resolution in opposition to the FDA 5/2/95. • State Rep. Rick Fox submitted comments 9/11/95. LOUISIANA • Senator Donald E. Hines submitted comments 11/13/95. • Commitments for letters received from Rep. John Alario, Sen. Sammy Nunez, Rep. Steve Theriot, Sen. Armand Brinkhaus. • Letters requested from Gov. Edwin Edwards, Ag. Commissioner Bob Odem, and AG Richard Ieyoub. • Letters expected from LA Assoc. of Business & Industry and LA Retailer's Assn. • LA Wholesale Food & Tobacco Distributors, Inc. submitted comments 11/21/95. • Imperial Trading Co., Inc. submitted comments 11/20/95. • State Rep. Bo Ackal submitted comments 11/15/95. • State Rep. Roy Hopkins submitted coitunents 11/16/95. • State Rep. Dirk Deville submitted comments 11/15/95. • State Rep. Wilfred Pierre submitted comments 11/16/95. • State Rep. Jack D. Smith submitted comments 11/15/95. MAINE • White House has apparently contacted members of legislative leadership. No member is interested in pursuing a resolution. • Curtis, Thaxter, Stevens, Broder & Micoleau submitted comments 12/5/95. MARYLAND • State Senator Walter M. Baker submitted comments. • State Delegate George W. Owings, III submitted comments dated 10/10/95. • WMDP Service Station & Automotive Repair Assoc. submitted comments dated 10/19/95. • State Delegate John F. Wood, Jr. submitted letter dated 10/17/95. • State Senator Thomas Mac Middleton submitted comments dated 10/20/95. • MD Retailers Assn. submitted comments 12/1/95. 8

• State Rep. Mary Ann Stevens submitted comments 11/28/95. • State Sen. Bill Canon submitted comments 11/30/95. • State Rep. Jeffrey C. Smith submitted comments 12/1/95. • State Sen. Barbara Blackmon submitted comments 11/28/95. • State Sen. Clyde V. Woodfield submitted comments 11/5/95. • State Rep. Bobby Moody submitted comments 12/5/95. • State Rep. Edward Blackmon, Jr. submitted comments 11/28/95. MISSOURI • Kelly A. Kribben submitted comments 11/10/95. • Ronald T. O'Connor submitted comments 11/10/95. MONTANA • Montana Wholesalers passed a resolution opposing FDA regulation. Wholesalers will be working with individual retailers to submit letters • Michael W. Parker, President of Pennington's Inc. submitted comments dated 10/25/95. • Service Distributing, Inc. submitted comments dated 10/10/95. • Jack F. Bollinger of Service Candy Co. submitted comments on 11/9/95. • Mike Scheer of Pennington's submitted comments on 11/9/95. NEBRASKA • NE Licensed Beverage Assoc. submitted comments 11/2/95. • NE Petroleum Marketers & Convenience Store Assn. submitted comments 11/14/95. • State Senator Jennie Robak submitted comments 11/14/95. • State Senator Stan Schellpeper submitted comments 11/14/95. • State Senator George Coordsen submitted comments 11/14/95. • State Senator Dan Fisher submitted comments 11/15/95. • State Senator Dan Fisher submitted comments 11/16/95 (different from 11/15), • State Senator Jim Cudaback submitted comments 11/16/95. • NE Restaurant Assn. submitted comments 11/21/95. • State Sen. D. Paul Hartnett submitted comments 11/29/95. • State Sen. Janis McKenzie submitted comments 12/1/95. • Secretary of State Scott Moore submitted comments 12/5/95. • State Sen. John Lindsay submitted comments 12/4/95. • State Sen. Eric J. Will submitted comments 12/4/95. • State Sen. Wm. R. Wickersham submitted comments 12/5/95. 11

MASSACHUSETTS- • New England Wholesale Marketers Association sent draft sample letters to it's membership and requested that the members submit comments to FDA. • New England Wholesale Marketers Assoc. submitted comments dated 10/12/95. • NE Wholesale Marketers Assoc. sent petitions to New England distributors to yield signatures from employees and customers -- will be submitted to the docket. • As of 11/13/95, New England Wholesale Marketers Assn. has received 1,500 signatures from distributors. MICHIGAPI • State Representative Vincent "Joe" Porreca submitted comments dated 10/12/95. • State Representative Curtis Hertel submitted comments dated 10/13/95. • Received commitments for letters from MI Convenience Store Assoc. and MI Truck Stop Operators Assoc. • Received commitment from MI Wholesalers Association. • MI Distributors & Vendors Assoc. printed notice on FDA Regs in Fall 1995 newsletter urging members to submit comments to FDA. • The Small Business Assn. of MI submitted comments 11/1/95. • State Rep. Kirk A. Profit submitted comments 10/25/95. • State Sen. Harry Gast submitted comments 11/20/95. • State Sen. Mat J. Dunaskiss submitted comments 11/29/95. • MI Distributors & Vendors Assn., Inc. submitted comments 9/30/95. • MI Distributors & Vendors Assn., Inc. submitted comments 11/30/95 (different from 9/30). • Eby-Brown submitted comments 11/29/95. • S. Abraham & Sons, Inc. submitted comments 11/30/95. MINNESOTA • Letter writing campaign from the MN Wholesalers, MN Vending Association, Retail Trade Association, individual retailers, Licensed Beverage Association has begun • David Rasmussen, President of MN Automatic Merchandising Council submitted comments on 10/13/95. • Jim Broberg, Owner of Bro-Midwest Vending submitted comments on 10/12/95. • Peter A. Jude, President of Jude Wholesale submitted comments on 10/13/95. • Thomas Theisen, President of Theisen Vending Company submitted comments on 10/13/95. • Richard Hawkins, Owner of D & R Star submitted comments on 10/13/95. 9

PENNSYLVANIA • State Representative Howard L. Fargo submitted comments dated 10/25/95. • Rep. Mike Veon submitted comments 10/24/95. • PA Tobacco & Candy Distributors has filed a response with the FDA Docket and is generating letters from its membership. • Commitments received from State Reps. William DeWeese and Jeff Coy. • Commitment received from State Senator Joe Ulilia. • Maley, Williamson, Hayden & Gmerek submitted comments 12/7/95. RHODE ISLAND • Conunitments received from Rep. Bob Brousseau. • State Senator Stephen D. Alves submitted comments on 11/6/95. • State Rep: Alfred A. Russo, Jr. submitted comments on 11/2/95. • Rep. Don Reilly submitted comments. • Commitment received from Deputy Majority Whip Vincent Mesolella. • State Rep. William San Bento submitted comments. • Commitment received from Sen. Roger Badeau. • Letter requested from Rowe Vending. SOUTH DAKOTA • Rep. Dave Munson submitted comments. • Rep. Garry Moore submitted comments. • Rep. John Sears submitted comments. • State Rep. Linda Barker submitted comments 11/15/95. • State Rep. Gil Koetzle submitted comments 11/16/95. • State Rep. Ron J. Volesky submitted comments 11/15/95. • Dan Rose, President, SD Retail Liquor Dealers Assn. submitted comments. • SD Retailers Assn. submitted comments 11/16/95. TENNESSEE • Tennessee House Agriculture Committee adopted Policy Position regarding Adolescent Tobacco Use urging Congress "to restrain regulatory action(s) by FDA of the tobacco industry." Sent to the President, Vice President and all members of the Tennessee Congressional Delegation. • TN Farm Bureau Federation submitted comments 10/24/95. • State Sen. Danny Wallace submitted comments 12/5/95. • State Rep. Eugene E. "Gene" Davidson submitted comments 12/4/95. 15

NEW MEXICO - • Commitment received from Charlie Brewer, convenience store/gas station owner • Commitment received from Rep. Jerry Sandel. • Harry Georgeades of The Bull Ring Restaurant submitted comments 11/7/95. • State Senator Edward J. Lopez submitted comments dated 11/8/95. NEW YORK • Assemblyman George H. Winner, Jr., Minority Leader Pro Tempore, submitted comments 1211/95. • Kerry D. Marsh submitted comments 12/7/95. • State Sen. James L. Seward submitted comments 11/28/95. NOR'TH CAROLINA • STC list prepared of elected officials and allied groups to be contacted. Request from Gene Ainsworth and Roger Bone for draft letters from the Governors office, AG's office, Speaker Pro Tem and Majority Floor Leader. • NC Wholesale Marketers Assn. is encouraging members to send letters. • James A. Graham, Commissioner of the Department of Agriculture, submitted comments on 9/26/95. • NC Agribusiness Council, Inc. submitted comments 11/17/95. • State Rep. Lyons Gray submitted- comments 11/16/95. • James A. Graham, Commissioner of the Department of Agriculture, submitted comments on 11/16/95 (different from 9/26), • Harold J. Brubaker, Speaker of the House, submitted comments 11/15/95. • State Sen. Mark McDaniel submitted comments 11/17/95. NORTH DAKOTA • ND State Hospitality Assn. submitted comments 11/17/95. OffiO • State Representative Doug White is sending out letters to the docket and all the Ohio Congressional Delegation opposing FDA intervention. • Commitment for letters received from Representative Dale van Vyven. • RJR/PM held joint dinner with tobacco grower which produced approximately 80 letters. • Commitment received from the Ohio Wholesalers Association. 13

• State Representative Lynn Wachtmann submitted comments dated 10/30/95.. In addition, he sent a letter to his House colleagues that are ALEC members encouraging them to write FDA. He attached a copy of the ALEC FDA resolution, FDA's mailing address and talking points to his letter. • OH Assoc. of Tobacco & Candy Distr. printed notice on FDA regs in 10/25/95 newsletter urging members to submit comments. • The OH Petroleum Retailers & Repair Assn. and the OH Council of Retail Merchants have been asked to write letters. • State Rep. Rose Vesper submitted comments 11/28/95. • State Rep. Patrick J. Tiberi submitted comments 12/7/95. • Thomas L. Fries, Jr: submitted comments 12/1/95. OKLAHOMA • Oklahoma Wholesalers Association submitted comments dated 11/2/95. In addition, the Association will forward to its membership for comment submission • Representative Charles Gray submitted comments 10/13/95. • Representative Jim R. Glover submitted comments 11/13/95. • Standard Distributing Co. submitted comments 11/13/95. • William R. Brown submitted comments on 10/6/95. • State Sen. Ben Brown submitted comments 11/29/95. • State Sen. Lewis Long, Jr. submitted comments 11/29/95. • State Sen. Dave Herbert submitted comments 12/2/95. • State Rep. Charles Key submitted comments 12/4/95 OREGON • Commitments received from Northwest Automatic Vending Assoc., OR Retail Council, Safeway, Inc., United Grocers, Wholesaler, Senator Bill Dwyer, Senator Lenn Hannon, Rep. Lonnie Roberts, Rep. Veral Tarno, Rep. Jim Welsh. • Plaid Pantries, Inc. submitted comments 10/13/95. • State Rep. Bill Markham submitted comments. • Magoo's Sports Bar submitted comments 10/18/95. • OR Restaurant Assn. submitted comments 10/24/95. • The Southland Corp. submitted comments 10/30/95. • Associated OR Industries submitted comments 11/7/95. • Assn. of OR Food Industries Inc. submitted comments 10/23/95. • State Sen. Tom Hartung submitted comments 11/30/95. 14

• State Sen. Ardyce Bohlke submitted comments 12/6/95. • State Sen. Kermit A. Brashear submitted comments 12/5/95. • State Sen. David I. Maurstad submitted comments 1215/95. NEVADA • Nevada Wholesaler passed resolution to oppose FDA regulation. • NV Association of Tobacco & Candy Wholesalers submitted comments 10/16/95 • Senator Jack Regan submitted comments dated 10/19/95. • 4 letters anticipated from Assembly members • Nevada Petroleum Marketers Assoc. submitted comments dated 11/8/95. • Assemblyman Brian Sandoval submitted comments 11/10/95 • Senator Kathy Augustine submitted comments 11/7/95. • Commitment received from Mary Santa-Lau of Retail Assoc. of NV. • Assemblywoman Genie Ovenschall submitted comments 11/6/95. • A letter is anticipated from Assemblyman John Marvel. • The Reno-Tahoe Chamber of Commerce submitted comments 11/17/95. NEW HAMPSHIRE • State Rep. Dana S. HilIiard submitted comments 10/10/95. • State Rep. Merle W. Schotanus submitted comments 11/6/96. • Paul Mirski, Member of the NH General Court, submitted comments 11/9/95. • State Rep. Peter F. Wells, Sr. submitted comments 10/0/95. • State Rep. Cynthia McGovern submitted comments 11/15/95. •. State Sen. Thomas P. Stawasz submitted comments 11/28/95. • State Sen. David K. Wheeler submitted comments 11/28/95. • George B. Roberts, Jr. submitted comments 12/7/95. • David M. Hinsley submitted comments 12/7/95. • NH Int'l. Speedway has been making congressional contacts. • State Rep. Charles Bass submitted comments. NEW JERSEY • NJ Tobacco & Candy Distributors is not taking a position, but is encouraging members to send letters. • Public Strategies/Impact, LLC submitted comments 11/15/95. 12

STATE POLITICAL CONTACTS POLICYMAKERS Completed Activities • Approximately 265 state legislators from more than 30 states submitted comments. • Numerous local-level officials, including mayors and city council members, also have filed comments and passed anti-FDA resolutions. • TI representatives conducted a major briefing for the Washington offices of several state governors. • Numerous other briefings have been conducted for state and local officials, including governors and other elected officials. Ongoing • Additional state elected officials are submitting comments. • Governors from around the country are being contacted with emphasis on tobacco states and Republicans. • Opposing Administration efforts to have states and localities adopt a resolution supporting FDA. • Congressional visits in the Member's district are before set before the next session of Congress. • Contacts with Members of Congress by state lobbyists requesting not to sign "the Pledge."

WISCONSIN • Robert L. Jackson, Jr., Chairman, Milwaukee County Board of Supervisors, submitted comments 10/26/95. • State Rep. Al Baldus submitted comments 10/27/95. • State Senator Brian D. Rude submitted comments 11/10/95. • State Rep. Scott R. Jensen submitted comments 1119/95. • State Senator Roger Breske submitted comments 11/8/95. • State Rep. DuWayne Johnsrud submitted comments 11/13/95. • Kelly McDowell, County Supervisor, 24th District, submitted comments 11/10/95. • Alderman John R. Kalwitz submitted comments 11/1/95. • State Sen. Joseph F. Andrea submitted comments 10/26/95. WYOMING • Wyoming Wholesaler passed resolution opposing FDA. • Commitments for letters received from Sen. Hank Coe, Sen. Jim Twiford, Rep. Larry Shippy, Sen. Guy Cameron, Rep. Eli Bebout, Rep. Teense Willfofd, WY Retail Merchants Assoc., WY Wholesalers & Coin Operators Assoc. 18

VIRGINIA • Merrick Carey, President of Alexis de Tocqueville Institution, submitted comments 11/6/95. • State Delegate James M. Shuler submitted comments 12/3/95. • State Delegate Wm. Roscoe Reynolds submitted comments 11/22/95. • State Delegate Whittington W. Clement submitted comments 11/17/95. WASHINGTON • Letter submitted by William J. Fritz dated 10/17/95. • State Senator Pam Roach submitted comments dated 10/ 17/95. • WA State Association of Neighborhood Stores submitted comments 10/25/95. • State Senator Irv Newhouse submitted comments dated 11/1/95. • Mayor Ross J. Wood, Town of Woodway submitted comments dated 11/5/95. • State Representative Don Benton submitted comments dated 11/1/95. • State Representative Tim Sheldon submitted comments dated 11/9/95. • Rep. Bill Backlund submitted comments dated 11/9/95. • Thomas A. Schatz, President of Citizens Against Government Waste, submitted comments 11/1/95. • Sen. Michael Heavey submitted comments 11/21/95. • State Rep. Mike Carrell submitted comments 11/30/95. WEST VIRGINIA • West Virginia Tavern Owners Assoc. submitted comments dated 11/7/95. • State Delegate Scott G. Varner submitted comments dated 11/6/95 • Mayor William E. Kern, City of McMechen submitted comments dated 11/8/95. • State Delegate J.D. Beane submitted comments dated 11/6/95. • State Senator Billy Wayne Bailey, Jr. submitted comments on 10/17/95. • State Delegate Jerry L. Mezzatesta submitted comments on 10/17/95. • State Delegate Danny Ellis submitted comments on 10/17/95. • WV Wholesalers Assn. submitted comments on 11/16/95. • Jack E. Bernheimer, President of Goldsmith-Black, Inc., submitted comments on 11/16/95. • Mayor Fred C. Peddicord, III, City of Kingwood, submitted comments 11/17/95. • Tim Faber, President, Winfield Quick Stop, submitted comments 11/22/95. 17

• State Rep. Micheal R. Williams submitted comments 12/5/95. • State Rep. Shelby Rhinehart submitted three different letters on 12/4/95. TEXAS • Rep. Tom Craddick submitted comments 11/9/95. • TX Food Industry Assoc. submitted comments 11/10/95. • Commitments received from Sen. Peggy Rosson, Rep. Joe Crabb, and El Paso Chamber of Commerce. • Letters expected from TX Assoc. of Wholesale Distributors and TX Retailer's Assoc. • Letters requested from TX Assoc. of Mexican American Chambers of Commerce and the Greater San Antonio Chamber of Commerce. • State Rep. Bob Hunter submitted comments on 11/10/95. • State Senator Chris Harris submitted comments 11/10/95. • Robert L. Cook, President, TX Oil Marketers Assn., subtnitted comments 11/29/95. • TX Assn. of Business and Chambers of Commerce submitted comments 11/20/95. • State Rep. Edmund Kuempel submitted comments 12/6/95. UTAH • State Senator Mike Dmitrich submitted comments • State Senator Brent Richards submitted comments • State Representative Tom Matthews submitted comments • Former State Representative Met Johnson submitted comments • Reagan Advertising submitted comments • Tinder Box submitted comments • Jeanies Smoke Shop submitted comments. VERMONT • VT Business & Restaurant Coalition submitted comments 11/2/95. • The Country Store submitted comments 11/2/95. • Letters expected from Rep. Oreste Valsangiacomo, Rep. Richard Pembroke, Richard Blanchard of Gilliam Hospitality. • Letter requested from VT Wholesaler Distr. Assoc. • VT Grocers Assn. will be submitting a letter to FDA. • Letters have been drafted for Rep. Bob Starr, Rep. Ted Lindgren, Rep. Gordon Stafford, Rep. Gerry Morrissey, and Sen. Vince Illuzi. • New England Public Affairs Group, Inc. submitted comments 12/7/95. 16

91:15b30

siacco~v Chrtlt Her,al Fkrue DanoCxsuic Iaader ,Miclsigm HoutO of Rtpfeseatsiivas cc: U.S, 5enmr Caci Sswig T].$. Reprumu('(VO Dave BOSIOr U.S. ReplGseuf3vt SiLdOr TAvill L'.8. Repsos®utivs 1oLm Cnnyer ~1.9. Raptaseacativt Bnrbetu ELoad-C:anins

November 20, 1995 Page 2 makes it a crime to sell tobacco products to a person under 18 years of age. In addition, in 1994 Mississippi strengthened existing law and provided for uniform enforcement of the statute. I am proud of the fact that Mississippi has developed a clear, coherent policy to confront the problem of youth access. The proposed regulations are completely unacceptable. They are nothing more than a classic power grab by a federal agency in an area traditionally regulated by the states. They violate the constitutional guarantees of due process. They would turn tobacco companies into spies and "enforcers." They ultimately would have no effect on youth, and they would use this absence of effect to justify further regulation. The regulations should be withdrawn, The issue of youth access to tobacco products should be left to the states. Sincerely, Charlie Capps, Jr. CCjr/sk

r Stat.e IIf fflts33tSStppT Eddie I- Brrggs Lieutenoai Govenor Telephone (601) 35-4-3200 November 26, 1995 . Docket Nos. 95N-0253 and 95N-0253.; Dockets Aianagement Branch (3FA-305) Food and Drug Administration 12420 Parklawn Drive Rockville, MD 20857 To whom it may concern: As Lieutenant Governor of the state of Mississippi, I am writi.ng to comment on the FDA's proposed regulations restricting sale, distribution, marketing and advertising of cigarettes and smokeless tobacco production. 60 Fed. Reg. 41,314 (1995). These regulations are nothing more and nothing less than an assault on the traditional authority of the states. In his August 10 speech, President Clinton stated that he was authorizing federal action against tobacco products •to protect the young people af the United States." This insinuates that I and the other members of Mississippi government cannot look out for the well-being of our children, and tnat we therefore must rely on the paternal hand of our federal government. I resent the suggestion that Mississippi is unable to care for its children. The FDA must withdraw these unnecessary and iliegitimate regulations. Before discussing the proposed regulations, I need to be clear about one basic point. Do. not take my participation in this comment process to mean that I recognize FDA authority to regulate the sale, distribution, marketinq and advertising of tobacco oroducts. I do not. For decades, the FDA has declared that it lacks jurisdiction to regulate tobacco products as traditicnally marketed. Now, however, the FDA simnly has reversed course. I cannot accept this display of federal arrogance. The regulations must be withdrawn. Post Office 13oz 1018 • lackaore, :Nissieaippi 39215-1018 • 400 Hfgh Street • F.AX (601) 359-3935 State Capitol

Food and Drug Adm+ niRtration November 26, 1995 Page Two All participants in these proceedings agree that smoking is an adult choice. i am proud of the fact that Mississippi has already taken strong steps to ensure that children do not have access to tobacco products. Mississippi law makes it a crime to sell tobacco products to a person under 18 years of age. In addition, Mississippi has enacted several other pieces of legislation to confront the problem of youth access. I supported this legislation, and as Lieutenant Governor I have worked to enforce it. Though the proposed regulations have many problems, I would like to focus on the effects they will have on Mississippi's retail community. The proposed regulations give the FDA control over the layout and operation of every retail establishment in Mississippi. Self-service displays will be banned. From K-Mart to the corner pharmacy every store that sells cigarettes and smokeless tobacco will have to place those products behind a sales counter with a clerk (897.i6(c)). The economic consequences could :~a enormous. rlost stores will have to rearrange their floor space. Many will have to build a new tobacco-control counter. These stores typically are small businesses with low profit margins struggling to survive in a harsh, competitive market. The FDA claims that alterations made because of the ban on selS-service displays should cost an average of $300 per store. This figure simply is not credible. After looking at the real costs involved, I believe many stores will have to stop--or radically scale back-their tobacco product sales. This will result in a significant loss of revenue, leading ultimately to a loss of jobs. At a time when the economy is becoming increasingly unpredictable, the FDA should not drive jobs out of Mississippi. I urge the x'DA to end the charade here and now by withdrawing the proposed regulations. They are nothin5 more than a classic power grab by a federal agency in an area traditionally regulated by the states. They will cost businesses millions. They will cost thousands of jobs. As the FDA unintentionally has demonstrated, the issue of youth access to tobacco products should be left to the states. Sincerely yours, ~Fd 6/ Sddie Briggs EB/mh I

i !APl/['CANPS,JR qr~cts l.wr,AMb.rvr WM„pa~CaUM" RO1W rj[ C.n~ YrnloV ~ catsrirsstpitt Pause of Y"zruL'Ttttatt12E8 November 20, 1995 Docket Nos. 95N-0253 and 95N-02531 Dockets Management Branch (HFA-305) Food and Drug Administration .. 12420 Parklawn Drive Rockville, Maryland 20857 To whom it may concern: CCMMRTL4 ABNONMEM9: R~YIIen.. G*.~m.n CanqYUlon Hido b.avw 9.Ya L~r..~M m Jwsy4.~e lOew bW G~+ ~ U"~ O.Ow Rff.S~OL-V- i~A"O., P W 58W ,~Owffow 3qnnwn Lpybp. Can4~ N M Cwwl W B~O~ (i~CnrTUi.a 4i W 1b/1 LIQ ~ ER h1/1" As a member of the Mississippi State Legislature, I am writing to object to the FDA's proposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1995), In a blatant power grab, the FDA is attempting to federalize the issue of youth access to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed regulations are an affront, and they should be withdrawn. First, I do not acknowledge the FDA's authority to regulate tobacco products. The FDA and its predecessor have regulated the drug market for nearly 80 years and in all that time these agencies have never claimed authority over tobacco products as traditionally marketed. What has changed? The FDA simply has come under the influence, if not the control, of anti-tobacco zealots bent on destroying the tobacco industry and revoking the right of adults to smoke. But federal law does not change its meaning simply because the winds of extremism have swept through the FDA. In our'federal system of government, youth access to tobacco products should be, and always has been, regulated by the states. Indeed, the ADAMI-IA Reorganization Act of 1992 required the states to regulate in this area! Mississippi

JEM'.J'CRrt:-IC LEADER 'FEiF yEr :. Eurtis HerteI :re Octnber 13, i945 Dxket Noe. 95N..a253 utd 95Na12537 nacYM Adansgc.nsurt Bc.cra h (HFA-309) Food AUQ D.yjg Adm !.YrHlioy 12420 ParTdaa'n Dr. Fockviiie, MD ZG857 To WbOrtt It 1ltay Cwr=rat:-. As a member of the Hou;e of Represeaaaives ot Mt;higaa. I am wnttag ta procese :Cr F73A's pzoposed rv.,qr;letinnt rHStrictiAg 9a1e. d.1.~t7ibuD.ea- adveitISiIIY W (7:-oIIoII6a of CIQatYt'_s and rmokr.Jo 5 tDbacCO ptoduCts 60 Fed. Reg. 41,314 (14951. In wbac appenrs co be sp-owra gSSb, tDe FDA wacla tv folarnl:ze dte Lmno of y'ourh accps to tobrcco pnmdaots, a¢ "tssue ever whkh states tradidonalty }uve er:r,tc'tmi ,ovr.roign eu[h.otiry. ?7x proposol ceguiatictcis u:so viotate baaie crosuhutioaal prituiples and thmaten setwus Lar.n to tee cittzer:s ot ivtiUilgan. se is my hope that Lhe x'DA wilt recortsidst thek cottrse of sction reWding thia is.me &W u-;thdrau the propoetQ regulations. Befoee ] ezplurt my spCcifiu oo*ti<+trs. I wisbh to swte for tiso record mat I do nac beiieve tLe FDA lus the authotity to regulaw r,)L,teco ptoduas. S=e tLe rar;; t5r0's ctx FDA rc3+eatedlyy hsi.c aaidd that it does not have 1cqa1 autbonty to rbl;ula*.e tobac;o pr.xin,;ts as uadit[oually tnarYeted. Vv'hat bas cttartged7 Oaiy om [>u4. The FA a. now has eome ttadcr Qw inflttca4e, if net the c:owof, of anti tobaoco lobby3sts who'. Prima.y goai it is t,: :90zrrn};~ d1e tpbatCO industty by tevoking 1hC right of adntte to ucole. Pedcrnl3aw daes tot authorize >fte FDA to rogalate tobaceo prodaCti. Consoqtu:nly; regardl.ess of w6nnc=r ur uw. ates~ *eEulazions are hrrmfiil to the residexits of my bome uarc, the FDA should •Nit2niraw rbe. Prpposed reiurtlont based oa rht faat that they hava w, !egal authority w afldress this :aa;e. In our f4deral dysteut of &overmneat, youtb auxss to a>bacex5 paadexrs sbcxild be - sitr always has beeq - r0g{IIaDCd by the state8. A1lcdigan ,'.aw r:rxl.cs u a aimc w set] totaa:c prad= to a persott under 1 B yeus of age. Zn addition to the ban on snfes to rr.iaors. M icitigan ha enxmd eaveral odtcr pieees of 3ogie3arion W con&out tW problem of youth aooess co tobacw products. I azu prexxi of the facz rfser Miehigan har devCloped a clear. cohere:,i potizy tn cott9»ne the pnoblem of youtb. eceet3. On this is5uc. `•fchigan neilher wa.ors nor nYds P?.~ 1~ttYOrvnee. m.lM~4w _

Food and Drug Ad*^_kLmriou Noven7bnr 13, 1995 P2ge 2 res¢iadoets not a%harized bq Caagrzss_ Many seius o6jeccei to that htsvy haaded =Proaoh aad the ratea were pulled back. 'IZ1is aew rDA acaose i9 yet anotlzer ;StOxt to bscome just chat type of "supc-lr&lzture' to which the states Pmsoa3iy objeated. Again, smtes are it rlse of the FDA ~l4ntgiag their k}s[ative pmrogadves. I utge you to withdrdw the pxoposal. Peauade MiS to promalgaie (at ]as:) ieasonable 7vies uader ADl,AdRA and let the states get on with their worlc Sincprely yo=, f-" ~/~ 7im R. Q!over SPEAT:ER PRO TEvllrCiR= State Represenfietive-Dfsxlet 65 SRQ/pcm

Y atc8~* ury,+ you to rncntuldcr this proposcd rulc. IdQro P"are! rn Uiattan Es =t the answeC. $iAQOrCZy. 1rv Nawnousa Wut7oston Ettata Senator lslh LsgWative ,LZisttict

?1-imt uf RIPMtailstiues &TaTS OF f]KL.'tNGMA Novembet 13. 1995 Dooket Dios. 95N-0253 aad 95N-OZ533 DackaBS biamgemast Braudt (E?.4-305) Food and Drug Admiaishmtion 12420 Partdawu Dave 1tAr'kvilu, MD ZM7 To Whom it May Concertt: I am wtiting regardtag your propcaai to <egulate the sale, distebutian, advertising and promotion of tobacco prdUCts. At the ot tsrz I want w make it cirar Lhat I suppon siror.gly o,:: own state laws prohibiting the sale, o£ tobacco product9 to rninors; enacted, by the way, long before the P'DA turned i's attentiott to the issue_ In fict, the states, and ow state in particclar, have undezsaken for some time a number of acdons m prevent the sale of tobacco produets so minors. We will continue thasa efforts. So, it is not so much Lho substance of these proposals that eoncaras cao (although I do have sarious concerns aaout sotr.e aspects of the rule as it aG`ects the free speech r ghts of peoplc doing business in our state), it is the contoxt in which they have ecme fonvud and their ePPeas on fede7a2lstaffi reiations. This proposal convinces me it is time to dsaw the line on the federai'uauon of state prarogatives. 1'ne Nadnnat Conference of State Legislatutts has stated its clear prtf ccac-- for a rca5aextion of Iocal cotttrot of mattess affecting our state's eitizens- In an crn+Ecus cruriaa hrief Lz . S v j,oog 115 S.Ct. 1624 (1995) (a case involving a 1990 U.S. Congretsionai enactment that prohibited f=atZrt possession within 1flb0 feet of schools), tite NCSL opposesl the law stating that states may have itmze effaCtive and praciuaSle means oz addrasing the issue. The NCSL noted that the iqjection of fcderal officials causcs friction and a loss of accountability. 'rne Supreme Court agreed and sdvck down the law. The same principles are at stake here. Tha states have long led the fisiesal govemment in enacting age of purchase laws. States ase ckarly exe.icising their zos..rved powers and should be left fzce to do so. I am further concxmecE bepuse the HFLS, the parent agency of FDA, has not demonsiraied any regord foz state prerogatives in the area of tobacco regulations. This FDA ptoposal confirms that the Federal govewntent continues to believe that it knows best. In eara versions of its ADAMHA zewiadons, the )`THS attempted to force state legisWures to enact

sovenber 10, 1945 Yage 2 Th: progosad raqulations are unacce_table. They are notriing more than a classic powes grab by a feCeral ageacy in an area tradLu.onally req^sSatec.° by the states. The zegulations should be orithdrawn. The issue of youth access to tobaccc aroducts should be laft whers it always has been -- with the states. 8 Brian ei- KudL. Senate 2resident 9DR /7td cc: Uitited States 5e:'lator $erb Ro:a:. United States Sgnator Russell Fei.ngold United States Reprasentative Steve Gunderscn

Docket Nos. 95N-0283 and 85N•0E5W October 19, 1995 Page 3 According tpthe FDA. the vending machine ban will help to prevent minors from buying tabacco products. In 1993, however. the Departinent of I lealth and I luman Servioee reported that cigarette machines account for only a tracdon of illegal sales to minors See 58 Fed. Aag. at 45,181). Accerding to the FOA's figures, nearly 80 percent of young peapfe between 13 and 17 who smoke report that thcy do not otten or even occasionaliy buy dgarsttcs from vending machines (ao Fed. Reg. 41,324). This is bccauso ntost agarette vending machines-nearly eight out of ten-are located in places that are off limits to minors or that minors do not trequenl, such as bars and cocktail lounges. industrial plantt, offices, hotels and moteis (60 Fed. Reg. at 41,325). In other placea-such as restaurants, service stations and retail stores-the owner or manager can monitor and supervise vending machine sales. Thus minors generally cannot buy trom vending maohines, and the proposed vending machine ban has little or nothing to do with the problem at youth access. In addition to ruining vending mardtine owners, the vending machine ban will hurt restaurant and bar OwnerS. imagine lhat II IS approaching 11:00 p.m. A Sntoker is ClKing In a bar having a drink wlin frlen4s. She runs aut of cl0arettes. Can she buy a pack In vw vending machine? Thanks w the FDA. she cant As a result, she might walk out the door_ get in her car and drive away. 8at and resiawenl uwners will be hurt by the Ioss ui smoking customers who walk out to searoh tor cigarettes. If the FDA doesn't think this Is a serious concern, it should ask itsell why so many bars and restaurants have cigarette machines. For the reasons I have discussed, the proposed regulations are completeiy unacceptable. They are nothing more than a classic power grab by a federal agency In an area traditionally regulated by the states. They place huge snd unfair burdons an the business community. They will cost jobs in my state, Including tho jobes of everyone in the cigareBe vending machine industry. The regulations should be withdrawn. Sincerely. i Jonn a. akrian 9taie Senate, Clark County Distrlat 2 cc: UnRed States Senator Harry Reld United States Senator Richard Bryan United States Representative Berbiva vucanovich United Slates Representative John Ensign

The FD,-.. •,vcat3 :1try, y d~uec. •hat :•4:eC dan :~~.s ao: dcuc az a.icqli.e jra u, aaforcintti itc youth a•xe'sa laws I diaagree. L'uisKe iht FDA. which iives is ruS,ixt to stt fedeTni budget pto=. Mi.,hiiiu Iyg!Aiiat¢rs bz•> baci tv tratks tough dr~i;:om siqui tow r, 6yCOd preDlptts Wpayer dv(laa. Wc " cl~ry dny v.zth Bueet crirse, avg-trtnred murdeas a tsaaziag brakh case system Le1 ncane of o*5er sac*.aF grCb?Ams, In !iAi ctmsezt, I[tiuk •ve Lsve givea rdequs>-- acrcntion to rha probicuT o: ;Mctt3 ac-nse to owcu^.o yxucuas. . ua:; ..e pp4pd t6oYf N¢4!)' on the problt'k3II-1 Of CotISBC. Jho1id V1e? i 21Q1 opEY1 to f}Ci9iL165+7c. BW thG rFey point '1S thtc tLoae dzei,"tutfr ,sunld be ttuSa nos by rLe FDA tlut b,v ptW]e tiRe me • sratc teKfSGtnx3 t}irxtly rcasu-erebic to thc citiruua w.,hc tea•9i.e the fxnefits asul fx+t tlae h+i;. ?hough I Yave mnnerocs cbjeetuans to tbe proposed xz!gAattons. I w(Yuisi Uc tu tocus on ca icwce tAa7 reiare under dfa Fistst AniendineBt. 'Fhe FDA ptvposes to place utp e18dYnta tesc3et{obs oa tk%haeco advet'.;~1g an0 pratnotion. The FDA woetld 1'tr.»tt sdve;ti.qng to b?aric oext on whitc baciqyvuad =:egt in eo csilad e+}.dt paiodtrala i4 697.31(+)): '+` iogos asSd bffind names on nce csrs and driver unifotr.u (§§ 8t'i; 3s (ay ~, ~ 8A7.3Z,: bau the ~e of btaat: >3amnrs on ttan-tabaceo producty wl:xr as sAi, s, caps and i i&wr> (~ 8D7.3d(a)); and nnn a1i brard tnme evr.r, spitmozsli~p r"h as rbe i'i:gin.9a S'ibn; tems tontnamesstt (¢ 69?.3+1{c)?, 'I'ae FDA cl.isa t8at thm fetters will protect our c°s'u'dten froca rhe 31:Og+ed evilb uf Wbacoa tdvertis'tng. 1'ha FlrS:.4srendmer..t proteets C1.tmme;rc.la3 npaa'c such as tubr^::w ad': ~ti,inF. 7o justE~ rhe proprued restdr.r:nns ort co==,:x1;ptech. tbi a'ttpreme Cojtt wcarki ttqnite the F DA to cumonstzare thu tobaxo prodnci tdvartising maXas mittots start or waaaue ,5oktig anIl tbat n8tliCStnjl tvby.,w yiiniuet adsettfeiisg in fa.^„ woald mslc.e tlam srnp. &er'atkl v. Fam. 113 S.Ct. I792 (1593). This the FDA cstmtx do. It follows that the pznpos,ad :egttlsrio:• tmcom[itut:but!Iy res4ta u7mIItett::a1 spaesb. In support of tbv :rztilation reqairL^.g "te~u onh-" advertteit>g, d>z FDA sr3tx,s uaat ':Juldcen sta7 sdolcsa:raa rna~.t more p:sidrelp ti7 advrrr}.aing with pictlues emd othe.r depfefions t.8en to edveltiiiag (or packaging) tiist aoatains nniy print or text.' 60 Fed. Reg, at 41335. 'I'ais is no szupzire. But this doesn'' prove that u1.•ewtlttn; caus.a :bildmn to buy tolrw4c, pro9uctr. Tt doeE pro fe. tsow:ver, tttat (be Fi)A's re3afb.tion may hava an euoribws e.'faet on tFi ability of rohexo ompaaies to reach tIu+ group tbzt thaq say is tbelr targ:t auQicacc, aame!y sdu7t cmaksrt. Sy mking awny cokxn and psctirm, the FDA will prev= covyuties t`rotn keeping adult Matorners :oy%: yad ecti:in,g e.iult !un.oYers of omer btards to sWiteh. :3is cwWd have eaomtotu finantial a.oaeqoear.as for tobv,u., wmpatde.•. Ia ahort, the `te.ct only„ tequitrment probably will have no etfecT an youth smo37sg. buz ft a.ay hit dte adult tobau:o t1}.ajCOt b#tt3. For the reasotL.t E have discuuc„ the proposed reguiations are naaoeoptable. 'I'hey are nuttnt4 WOre than apOwcr jrrPr t,r t faQcni raencY in an aree undirloaall7 reYe:(atP~4 M,• tn~ slatp. Tbey vioiata the corstiamo.aAi gu.ra.ptee, of $'ee speech. Tbey tiltin'utely would bava no eLCe`t oa youL1 stnofting. 32te regttirrions ehoetui be w;mdtaRn. Ttte feeue vf goutbaccess to toba~ products thouid br teft wtuxe it alwtYS has ber` - whH the etatee.

Docket Nos. 95N-0253 and 95N-0253J October 19, 1995 Page 2 Though there are many probtems with the proposed regulations, I would like to focus on the restrictions the FDA would impose on the retail community. The proposed regulations give the FDA control over the layout and operation of every retail estabBshment in Nevada From K-Mart to the corner pharmacy, every store that sells cigarettes and smokeless tobacco will have to stop using self-service displays and place every cigarette and srnoketess product behind a sales counter with a clerk (g8s7.16(c)). Many stores wiU have to rearrange their floor space and build a whole new tobaau-corrtrol oourtter. The FDA tries to dismiss these problems with the laughable suggestion that the average cost of such changes to retailers will oniy be $300. Construction alone couid cost many times that amount For reasons of cost or spac4 many stores wio not be able to make the required charges. Those stores would have to stop-or radically scale back-their tobacco product saies. In small businesses, this could have a big impact on the bottom fine, causing layoffs and harming whole communittes: Will the ban on seit-senrfce displays actually prevent minors from obtaining tobacco products? Not at all. The FDA states that the display ban will prevent shoplifting by minors (60 Fed Reg. at 41,325). it shoplifting really were a problem, however, store owners themselves would eliminate self-service displays. The FDA also asserts that a ban on self-service displays will send a'message" to young people that cigarettes are not the same as candy and potato chips (60 Fed. Reg. at 41,325). Any young person who thinks that cigarettes and candy are the same must live under a rocki An overwhelming majority of young people already believe that smoking cigarettes is bad for your health. Finally, the FDA suggests that a ban on self-service displays wilt 'increase the checking of young purchasers' identification by retail clerks" and discourage minors from trying to buy (60 Fed. Reg. at 41.325). This makes no sense. Whether you are buying a lottery ticket at the checkout or a box of Borax from a self-service display, every product you purchase in a store you actually buy from a sales clerk in.a face-to- face transaction. Regardless of where the customer picks up the product, the real problem is ensuring that the clerk at the counter obeys the existing Nevada law banning sales of tobacco to minors. Nothing the FDA proposes will have any effect on the behavior of clerks. The FDA was not satisfied with shackling retail estabFshmertts. It also felt compelled to drop a nudear bomb on the cigarette vending machine industry by banning such machines outright (§897,16(c)). Does the FDA realize that hundreds of my constituents could lose their jobs as a result of the proposed ban? The FDA says that there are only 181,755 cigarette vending machines left in the United States and each of those machines sells approximately $10 worth of cigarettes per day. Thus, the proposed vending machine ban will kill an industry doing $633 million worth of business each year. Where I come from, S633 million buys a lot of groceriest

Ofite uf tT.e ~;yPUkzr ~lartt~ Z=luux ;44ause uf ~2egrzsent~ifrxs Fttlfig4 27501-1096 MAROtD J. 6RUBANER SFEARCiI OF T/IE HOUEE 38TM D/STR.GT November 15, 1995 STATE LEGISL..TIVE BUIL'JING PHONE: (919/]33-3<51 MEMORANDUM TO: FDA RE: 95N-0253 and 95N-0253J FROM: HAROLD J. BRUBAKER, SPEAKER N.C. HOUSE OF REPRESENTATIVES I have examined the proposed FDA regulations on the tobacco industry and I am appalled that a democratic society would even consider such action. Tobacco is a legal product and a major economic factor, not only in North Carolina, but in many other states. Your proposed regulations sound as if they were dreamed up in a socialist think tank, where control of adult human behavior, disguised as protecting the public health, is more important than allowing a free people to make their own decisions regarding use of tobacco. Fortunately, we are alert to such schemes and will gladly join the battle to allow Americans to retain their f-reedc,m to grow, manufacture, sell and use tobacco products. There are many more important problems facing this country than smoking. I suggest you turn your attention to illegal drugs instead of wasting taxpayer funds on attacking a legal product. 1994 NATIONAL CHAIRMAN OF AMERICAN LEGISLATIVE EXCHANGE COUNCIL

aar,W. om%r:, io+ i.µ ~t uw. nuwuna PA. &w 40lax UtYatpr. wwdtnµtoA 9a56f uvknt ") 7e6•7Ni4 i`iWe,atber 1, 1985 Wash3szVon State Senttte~ Sert>Atot<• Itv Newlsouse Reptlbllcar5 Fiqer lAltldr 15th Legistative Distrtct Dockat Noa. 9SN-Otx63 .ad 95i+c.d2537 Doekeb Management Rranch (11FA•305) Irood and Drug Admiaistrattoa 12420 Parklarad Dstve RQCI4S{Ue, MD 20M'7 To whom it may concerrr. U/Ntfl,et pnkd 1 IM>MUny R.v,ul hiaht~m, WaslVn}{ton9MVJ~ l}f)q1 ri,5'.2YftT I am writing to question the mA's rroposed reLnllations restricting sale, distributiou, advertising and promotion of cigarettes and smokeless tobacco products. 60 ped. Reg 41,314 (1995). Tnis ls a miguided attempt to federaflzn ibe issuc of youth acccwy to tobacco products, an issue over which states have traditionally exercised sovereign authority under the 9th and 101h amendments to the U.S. Corutitution, Keeping tobacco products out of the hands, rztowhs and lungs of children is a scrlous concern. In 1991, Congress created incentives for states to adupt laws thet make it difficult for children to obtain tobacco products. In 1993 the Washington State Legislature approved the "Youth Tobacco Access Act of 1993" (Chapter 70,155 RCW). This legislation imposes £ees on rctailers who sell cisarettel,, bans cigarette vending machines where minors are present and restricts sampling of tobacco products. It also bans single sales of cigarettes, requires stgnage by all retatlers, sets substautiaF penalties and finas and penniizos youtl) trying to buy cigarettes. Passage of this legislation sends a clear message about our state's commitment to preventing children from having access to tobacco products. Increased federal regulation rnay hinder that effort. AS & member and former C11aLr.nan of the Qrganized Crime Advisory Committee, I a,u extremely coaccrned that add{tional federal or state taxeQ (Washington state now has the hlAhest cigarette tax in he U ite!{ tatec) may encourage illegal smuggling of tobacco products in our state. And smugglers don't ask for ID before selling cigarettes. iUogal transport and sale of tobacco has been a serious problem in Canada and is on the lncrease in our state. I wouldn't want cigarettes to be added to the list of iltegal subs+snces cluldren attempt to buy from thugs on street coaxers. COA116tUeW RuIG • AKdGUtflNf tk AftdeVllVrdl Tt{UIp .L DcvHiurtliC(6 • C,,LU,, GmfrdulV<:41 'r,dkl

0 91715650 ro

A d 869STLT6

649SSLT6

SLV SEvATE PREStilE1VT SENATOR BRLaaN D. RUDE November ?G, I955 ooc;cst ~oc. 95*i-625Z and 95I4-Q2S3.; Dockots itanagement Srancit EsFA-3a5} Food and 4rug Admin_stration 12420 P.arklaam. Drive Rockville, i4D 20857 b WY.c.:. Tt may Ccacern: AS a member of t ie WisCG'C.S` n State Senate, I a2t w~iti.^.q to oppose the gDA's praposed regulatioRs restricting sale, distr:butian, adves*_ising and promotion of ciga-ettes ane smokeless toDacCO predaczs. "04 red• Reg. 41,314 (1933) . The FDA apparently wants to tederalize t:ze iasue o: ycith aceess to states tradiziona.ly ave tobacco pzeducts, an issue aver which exercised sovereign authority. In our federal systea¢ of qavernment, I believe the iss_e of youth access to tobacco products should be regulated ,y t.`tie states. Wisoonsin iaw makes it a crime to sell tobaccc products to a person under 18 years of aqe. S.^, add_tion to the ban on sales to minors, 47i5cznzin has enacted 6eveTaL other pieces o°_ 1es'slatioa to con=reat the -robleu o: youth access to 4obacco ptoducts. : hzve suyn.pC_ted tnese efforts and am _ockin5 at other legislation to help preven.t kids £rom smoking. T~ the extant further xefi.lemants in the 1aw are needed we should ucrk at tre state level to enact t'r.e:n. The P4A apparen.tly takes the position that *Aiscor.ssn has noc done an adequate job o°_ enforcinq its youth access laws. I disagree. Kisconsin legislators have had to make tough decisions about a range oE social problems and issues. In that context i think we have given adequate attentiorn to the problem of youth access to tobacco proaucts. Could we soer.d more money on the problem? Of couzse. Should we? I am open to persuasion. Ky key point is that decisie s should be made not by the FCA but by people like me -- staza legislators directly answerab;,e to the citizer.s who receive the bene.-4ts and foot the bill. Saee a~iui ~w» 234 Sossth. t•.i~. Eat'~dts:. Mudisan. vn 53t07.;3a'_

SenatorDaanyWallace sY8 36iwAxaRLAY. n1SrIItOi P. O. 8Ct[ Bei ' MAr.vARnvtzrs. t2NHB%2$ rma ' OFFCC$ (s1H) slbs4es fiOMB. (i76) a95i101 NA4HPn.LB o88iCffi'. 90rrE B. LE8L9L1TN8 PLAZi ~~ TENN%BaEE ST2LS.Y;" PAo1vE cets) 743d9si . December 5, 1995 ,enate Chambrr IttafE IIf SP.tf1[lSSeE MASHVti.LE Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Drive Rockville, Maryland 20857 To Whom It May Concern: bL9JORITY WIIIY SECBHTARY COWAMQM LA8O6 AND AGRICUL'ILQ2S MEMSEB OF COMSIITTEE9: GOV&8NLM2i7 OYERA'rIONB E.`IVIHOHlLEHT. CONSEBVATION .S TOURISM I am writing regarding your proposal to regulate the sale, distribution, advertising and promotion of tobacco products. Ciearly, I support strongly our own state laws prohibiting the sale of tobacco products to minors. In 1994, Tennessee passed an ADAMfi?A bill mandated by Congress. It is working to prevent underage purchase, thus usage. Our state is successful in its enforcement and to go, further by the FDA is not necessary or sensible. Tobacco is an adult product sold to adults for adult usage. To prohibit or inhibit normal commerce in that context is not only unwelcome, but poor public policy. Sincerely, Danny Wallace State Senator, 4th District DW/rhw 4th &ena=isl District Clnitwrne, Crainger. H>nceck. Hawkine. SeBeaseq Union

Food and Drug Administration Page Two November 16, 1995 I sincerely hope that the FDA will reconsider these proposals. They will accomplish nothing in the way of reducing underage smoking and will cost this State and the country thousands ofjobs. 7ely, /17^-`-, bcc: The Honorable Richard Burr Mr. Gene Ainsworth ~

puge Two IJttu:nd7Ct 1, i995 2'r): t•ood and Drug Admirtistratio2 Comrnfssionct David Kcsslcr 7hc proptrscd P33A rcgr.latious uulflw,uUy inttode upc n an 'rrca nt rcguh ticin which itrs hislcrically been laft to the discrtaion of thu statrs, and which mrr,st ccmtinue to bc so. I3ccauw Cox,bress has nol acted to fxccmyt statc l:rw, the stn tas should tK; frce to enact thcir own suf:arate tegulNtory sch<'drics finitabl.: to tht` ncttdn nf ihc•ir partir.iilar 5t:flcx anci its x'iti>x~nc Nnt nniy hn5 Congress m,t actr,d to preerurt srutes laws, but it aas also r~a dt.:Ecg;tte,d s,n}• auchoritv to the .~D:SA tu do so Cithor. Funhurnu:rc, I bc'lovc thcu the FDA !s wasting my and nty corestitucros' t€ma and moncy orI thctc Propsats. I urge you to drer lhrsc ptapuscd ngulations. I ca the e(atcs cr,ntin c tn mouitor and cnfnrce their own laws. GEORGE H, W1NNLiR, JR. MENQRI'IY LEADER PRO TEMPORE /Y, f~ W.` hN)'A4S~', t

C~mtl~ .Crm-nlmtt (15PtzYrttl C~%Zzth[Ij ~r,~ of ~~~ ~~~ caffice ~31rabfiT Y'ttCeigh rt6ul-z¢ss R2F LYONS GHAY ssn. oiaTmcr Roar..332 Ltuauilvt Gcnct 9u~te/nc Ltasu.nvt OPrIC[ Ttc.tilmnt: (9191 >33-l995 {1pNE ACOIIt3E: 42PC W63T FEURn/ ST. W/Naio,hSALtM, N. G 2]101-2605 /9101 70223 1 1 November 16, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Drive Rockville, MD 20857 To Whom It May Concern: As a member of the North Carolina State Legislature and Senior Chairman of the House Finance Committee, I am writing to you to express my opposition to the FDA's proposed regulations restricting the sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. North Carolina is a major tobacco-producing state and these restrictions would greatly hurt our economy. These proposals unfairly penalize those employed within the tobacco industry. Tobacco is a main source of income for the State of North Carolina, employing almost 100,000 tobacco workers from the fann to sale. The State leads the nation in growing, warehousing, manufacturing and wholesale trade of tobacco products. The FDA proposals would also affect the many ancillary businesses that support the tobacco industry. As an example, many of the display manufacturers who provide the point-of- sale displays for tobacco products have companies here in•North Carolina. Under the proposed FDA ban of such displays, these companies would lose business, throwing thousands of North Carolinians out of work. The FDA proposals are both punitive and lack solid legal jurisdiction. The FDA itself has admitted, time and again, that it has no authority to regulate tobacco. Regulatory authority rests with Congress as it has for many years. Furthermore, there are already state laws in place which prohibit the sale of tobacco products to minors. The claim by the FDA that these proposals will help prevent youth access to tobacco products is misleading; youth access is prevented by state law and these proposals only succeed in punishing tobacco manufacturers by limiting advertising, and the sale and promotion of a legal product. XE~~ ;6\'

~'aEGRGr H. Kl:Jt1EB. JR. Acom,"lymyn ,.Ofi Wel,d Da.:ket Nos. 9SN-0253 and 95N-0253J Doeket Managemcni Branch (1fiFA-305) Food nnd (7rug Ac3luurisuutiun 12420 Parklawn Drive Rockville, Maryland ?A&57 Ikhccmbcr 1, 1N5 W!.ti)q1TY tEAn=n PRCi 1eF11~'vnE col+ramEes F,JpL crn)¢ una wtrtu C h'kL Dear Commissioner David Kessler: I am writing rogarding your proixtsai to ;cgul.rte tac saic, distribution, advartising and promotion of tobacco pnxiucts. At the outsat, I~.v<mt tp make it clear that i strongly support our own strict state laws prohibiting the salc of tobacco products to minors; cnactad, by the way, long bofoi'o the FDA decided to turn is attention to this icsue, However, as a member of the State Icgislature of Nt%w York. I am SGongy opposcd to this ovcr-rcat.hing power gr ab by the Fn , bec:ausc: 1. !t i6 intrusivc and ovcr-rcgu!atory; 2. It is duplioali.'c and unaoccasary, ond 3, It Is without jurisdiction - Congrise has not dctrgatcd tho auihority to the FD,n_ ?ltis new FDA actiun is yet Fmothcr cffort to bocontc the tyDc of "sulx.r-Lc:P'+iaturc" whirh the statw have previously objccu;d to. In early vcrsions of its AJDAN:LiA rcgufatir,ns, thc II11S :Utempted to force state Iegitlaturec to e.nact n:aricti~tn; r:c t suihoriz+rd by Ccx+grcu. Again, statcs are at risk of the FDA usuri ing their lcgisl;ttive prctogativcs. Vlre in New YOtk have our Adtlicsccnt Tnbacco-tac Prcvcnti<1n Act, ilcKinncy's Pub. I•Icatth Law aua 1399-tia et stq-, which addressc:s ail of the issues you prupcxo to rcguL.te, Your regulations are unnea,xsarily dulrlic.itiv7„ for our state and many othcrs. Our State Legislalurc hlts alrcady cmlacd an IS y./)r nid minimum ag<~ n!' purch,:cc rcquiromont, in addition to othcr rcvtrictlons, arni will continue to cnat:: our ntcasurcd, rcasonabfc rcapomm whrn rcryuited. Statcs havc traditionally cxorcic;;d dtscrction ovtr most nsixct. of rclail transactions occuning withiu its bordc:rs, The FDA prc>posal would impou; uew nnu addit;onai rc:;irictions and Obligatiems ou crtaitcsa and manuf;wtur'rrs that rnay not be suitable t>r Ncw Yort:. 11 TF1F AS SIwME3L.Y STATE OF NEW YORK ALBANY i r- . .V..Bfnr OfPICE', nqm Mto, lOj^iax.tO4cC 8..14,np. A3Jnrr;. Ron Vmk 12<^ .1'1, 151E; 455-1586 f AX (51a' 45, 592.^- pla LRIc? OPGIm ?^'l Lokv t , 06 P 0. 6.. :rA, C, 'n~•n, tlrn 1Y!k +d;iVL, NC Il )3~Lfl?. r,\% (60]) ]J~ti377

BILL yIARFUL4M 8PEAKER PRO TF::dPORh: HOUSE OF REPRESEN'CA?IVSB Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Drive Rockville, Lid 20857 To Whom it May Concern: As a member of the Oregon Legislature, I am committed to the prevention and distribution of tobacco products to underage citizens. The Oregon Legislature has taken action over the years to reduce access by those under 18 years of age to .tobaeco products. Vending machine placement has been severely limited, schools must be tobacco free, and it is a punishable offense for underage persons to possess tobacco products. We administer federal taw which requires states to carry out en- forcement of laws preventing the sale and distribution of to- bacco products to minors. These enforcement actions include sting operations at the retail level. It is my understanding that tobacco critics and Congress have made it clear over the years that the FDA does not have juris- diction over tabacco. That authority rests with Congress, The Bureau of Alcohol, Tobacco and Firearms, The IRS, The Federal Trade Commission. The Department of Health and Buman Services and The Department of Agriculture- Most any one observing the issue of tobacco in this country is aware of the extensive level of regulation and concern over the sale of tobacco. The proposed rules appear to ignore the authority of states and other federal agencies in regulating tobacco sales. I urge you drop this rule and go to Congress with a uniform approach to regulation that would review existing agency regulation and the rights of the state government to regulate as well. Thank you for your consideration of this opinion. Sincerely, Bill Markham State Representative District #45 not'r.t,.v~. n1 ~rsru Wsra•ri i u ~ :. nv i r N u, .r.Wic: - )n ¢'vi~i r:S ur.:TUlt"r.~c iTA9'Ii iI~WI9'U(.. `AL6;M. Ult:.'CUN !7;:; lu.la;- Phunc: ti,Jrm l.tu; (2i~ldl~~ A--0.:!49, I p1111on:lqu Hi.lill~~.(hrR~~n~.)Sif,.~

Food and Drug Administratian November 8, 1995 Page 2 i Third, under the Commerce Clause and the Tenth Amendment to the Constitution, the federal government lacks the authority to issue many of the proposed regufations For rxampfe, the federal government proposes to direct every retailer in the United States to stop using self-senrice display` of tobacrn, §897.16(c), primarily under the retionale that it will prevent minors from shoplifting tobacao. $0 Fed, Reg. at 41.325. The eftect on irterstate corsuneroa is not apparent The intrusiort into an area that has tradltIonaty been regulated by the states is apparent and signifipnt Other regulatians are prnposed In disregard for the First Amendment to t* ConstituNon. Tfw FDA wcwtd limilt tobacco advertising wi#hin 1,000 feet of playgrounds and sr3sools, §897.3Q(b); Gmit advertising to black M on vrhite backgrounds, and thus ban photographs and mlor in advatisemerds, §897.32(a); ban the use of brand names on non-tobacCo items such as hats, shirts and Eighters, §897,34(a); ban brand name events~F such as the Vitginia Slims tennis tournaments, §897.34(0). This Big Brother attempt at thought control is bnaathtaking and frightenin8. Today, the FDA bans speech on tobacco. Tomorrow, alcohol advertising wilf be banned. What's next banning advertiaatg for a Big Mac and fries beeauae the fat content of the meat is too high? The Ameriran people have expressed themselves by the ballot box here in Arizona and across the United States. We want a fess-intnrsive federal govemment, one that is limited in its powers and in its reach into our daily rves_ The proposed FDA regulations hearkens back to the philosophy of unlimited government that the voters have rejected. The regulatiora should be withdrawn and the entire area of regulation of yotRh access to tobacco should be left to the states. Sincerely, John Greene JG:dr President of the Senate

R,Inrxmtr.t:., DAt'iD C1{OATE dssntent Spsakar Prr; rem ,09 NORSA ~NAfN $rRLR BrFne.A$ 7,1412.3411 WN62•i111 Bu>tiacss SQl-9bD;7/3 RRslAceco DISTRtCT W t•;ut at tanok¢ County FOrt al Whlie Cuunty October 26, 1995 O ATATF. nF AItKA N$A 6 Docket Nos. 95N-02S3 and 95N-02S3J Dockeu Mattagement Btapch (HPA-305) Food and Drug Administration 12420 Parklawn Dr. Rockvilte, MD 20857 COMMITTEES MEMBfR Education Aari"Nu/a ind ECe19m.c 060l60me~1 Avtea Joint Budeei To whom it may concern: As a member of the Senate of Arkansas, I am writing to object to the FDA's proposed regulations restricting sale, disuibution, advertisinY and promotion of cigarettms and smokclrs5 tobacco products. 60 Fal. Reg. 41,314 (;995), The FDA is attempting to federalize the issue of youth access to tobacco products, an isue over which states traditionally have exercised sovereign authority. The proposed regulations are an afftont and they should be withdrawn. Before I explain my specific objections, I want to make it clear that I do not acknowledge the FDA's authority to regulate tobacco products. The FDA and its predecessor have regulated the drug market for nearly 80 years and in all that time thesa agencies have never claimed authority ovcr tobacco products as traditionally marketed. What has changed? In our federal system of government, youth access to tobacco products should be - and always has been - regulated by the states. Indeed, the ADAMHA Reorganization Act of 1992 required the states to regulate in this areal Arkansas law makes it a crime to sell tobacco products to a person under 18 years of age, In additon, Arkansas has enacted several other picces of legislation to confront the problem of youth access to tobacco products. I am proud of the fact that Arkansas has developed a clear, coherent policy to co,lfroru the problem of youth access. The FDA would olaim, no doubt, that Arkansas has not done an adequate job of enforcing its youth access laws. I disagree. Unlike the FDA, which lives in the dream world of the federal buGget, Arkansas Iegislators have had to make touch decisions about how to spend precious taxpayers dollars. Whether we spend more money on the youth access problem is a decision

, JOHN GR[ZN6 PqiiIOCNT 4"O= Ata-te A=ale ~Fr,aauis, ~riama November 8. 19SS i Docket No& 99t-0253 and 9Si-=d Dacketa fidanagement 8earxh (HFA-305) Food and Drug AtfminisUatiots 12420 Pactdawrt Drive Rootcvilte, MD 20557 Dear Sir or Madatn: 1 am writing In oppoaiSon to the Proposed FDA regutaticns concerning the ptomotion, advortising, distribution and sale of tobacco products, incruding cigarettes. Personaily, neither I nor members of my immediate family smoke. So the proposed FDA regulations will have no direct effect on me. My concem arises out of the ezSrernely serious legal and public poCcy issues raised by the proposed FDA action. F'vat, aa a fawyer. I do not beGeve that the FDA has the legal authority to regulata tobacco. For over 30 years, the FDA has repeatedly maintained that ttte agency does not have asdhority to regulate tobaarr as (ong as no pvsitive health claims aye made. Now, the agenc•y has done a flip flop. Yet, there has been no change ih the statutory authority of the FDA or the case law interpreting the statutes. Only if Congress were to explicitly direct the FDA to adopt regulations governiing tobacoo would the agency be arguably justified in its recent action. SeCOttd, from the starntpoint of federalism, I believe that youth access to tobacco has been and should be regulated by the states. In Arizona A R.S. §f 3-3622 makes it a eriminal offense for a person to futnish tobacco to a minor and for a minor to possess tobacz,v, Last election the voters of Arizona decided to impase an addiGonal 40 cents per pack tax (raising the total to 58 cents) to be used for various health programs and to educate youtD on the dangers of tobacco. Eaiy next year the Arizona Legisfature will be aonsidering a oommprehensive regulatrxy statute to license tobacco sales, to incxease the purtishment for sale of tobacco to youth, to prohibitions (including an extensive undercover sting program). Arizona is addressing the problem of youth access to tobacco. Arizona does not need the FOA and the federa{ government invotving itself in yet another matter best left to the states.

poakot Nos. 95N-0253 and 95N-0253J Pa;e 3 October 27, 1995 IA additott to raiaing veadi,ng m3chine ownera, the reudiag machine ban wi71 hurt n:staurant and bar owaers. lmagine that it fa approaching 11:W p.m. A smoker is aittiag in a bar baviag a driak witli fP,end. She runs vut Of cigatettes. Can she buy a pack ia the vending maoh;ne? Thanks to the FDA, she can't. As a zesuit, she znight walk rnu tbe dtwr. eet in bcr car and dzive away. Bar and restaurant osvnars wilLbe hurt by the ioss of smoldng cuutamers wfw walk out to SesrzB for cigerdres. It ibe FDA tloas7z't tbink th#s ia a =ious concern, it should ask itself why so many bars and restaurants Bave cigmtte macbiaas. For tho itiasons I bave discussed, the proposed toQularions are completely unacecptable. They ace nothing mote than a clasaie power Erbb by a federsl agency in an auta tradittonally nuula[ed by the states. They place huge attd uufair burdens on dte bunisess comtnuairy: Ibey wiA cost jobs in aty state, inclndtug the jobs of everyone in the cigarette veading macluue industry. The t.agulatiozt4 shouid be withdrawnL sincerei y / Bobby L. Hogue Speakrs of the Hnuse Bldilkr co: U. S. Senator Dale Bumpers U. S. Senator David Pryor U. S. Repzesentative Blaoe3ie Lambert Lincota 10 v cn a m cn

Kry+:>rnun.,r BQBBY L. HUGt: E Sprukr oi tlirHuu~e P.0- Box 97 Joa.[swao. nR n,+oa.vS^ 41-815d154 eailnei11 iAt•YpL'•4T,T Remdanic Hll-fiAL77:: SqraNtr'6 Ctfin. Uttt2 Ra[K t11iTAICT 6' f+aT t UI l:; MIIlIfI3d COYIm7 0 October 27, 1995 5 T A T 6 U f A a K A V S A 5 T Dot:ked. Nas• 95N-0253 and 95N-0253J Dockets Management Branch (F(FA-3057 Food and DTAg. Adminidrntipn :1420 Pdrklawn Drive Rockvillo, !vM ZQ857 CpMMiTTEES N,bUc NYtfh, WMIf4" 8nd lAiwr Mint and L.eul.nrs Affttn co W'som It b2ay Concem~ .as a member vf the Atkansas Hou:e of Repr.sentatives, I am wliting to protest the FDA's r;oposed n:gulations :estriaing sale, distribution, advertising and promotion of cigarcrtes and suwk.Lss tobacco producss. 60 Fed. Reg. 41,314 (1995). In a blatant power grab, the FDA s ut:mpting to federatize the issue of youth actess to tobacco ptoducts, an issue over which statea ttaditiottaRy have exercised sovereign authority. The ptaposed tegulatious rdiroaten serious harm tv the citizens of ArIcansu. The proposed re,uiations should be withdrawn, Gcfo:c I explain my specific objections, I want to taaks it clar that I do not ac$uowicdge the FDA's authoncy to reTilate the sale, dietr3bution, advertisiag and promooon of tobacco products. The FDA claims that it has the power to regulate tobacco products as a"medical ,ievice' that delivcrs a dntg called ttieotitte. 2his is nonsense. The FDA tepeatedly has stated that it does not have authority to regulate tobacco products as traditionally muiteted. Nothing has changed. Federal law does not 3nthotize the FDA to regulate tobaoco. La our federal system of govemment, youth access to tobacco products should be, and always tas 'oeen, regulated by the states. Arkan•as law makes it a crime to sell tabacco ptroducts to a person under 18 years of age. In additien to the ban on sales to minors, Aiisaasas has enacted zvera: other pit= of Iegishuion to confront the problem of youth access to tobacco products. i im proud of P.rkansas' efforts in the youth access area. Arkansas neither wants nur needs F' .a interfetence, :'aough there are many problems with the proposed regulations, I would l.ike to focus on thc restncdons the FDA would impose on the retail community. The proposed regulations gi~e the FDA aontrol o-ver the layout and operation of every retail establSshment in Arkansas. From i.-'Yfdrt to the corner phmmacy, every store that seIls cigarettes and smokeless tobacco will have '.c s:op usizg self-service displayR and plaae everrv cigarene and smokeless tobacco ;croduc. SPf.iKFR

Dccket Nos. 95N-02S3 and 95N-0253J October 26. 1995 Page 2 that should be made not by FDA bureaucrats but by people like me - state legislators direcriy answerable to the citizeas who receive the benefats and foot the bilt, The key to youth access problem is preventing retail clerks from selling tobacco to mir.ors. poes the FDA have a serious problem? No The FDA wants to step bchind the scles countor and make it a federal offense to fail to check a purchaser's identificatiion (§897,14(a)). Let's apply a bit of common sense. It already is 'sllegal in all 50 states to sell tobacco to a minor. A sates clerk intent on obeying the law would have to check identifcations to ensure thac prospective purchasers are not under age, Aecordin to the FDA. however, most clerks dd not check identifications, In other words, most ele.•ks ignore current law. What makc<- the FDA thick that the same clerks will not i,nore essentially the same !aw in its federal version? On the basic issue of enforcement, the FDA has nothing to offer. Thcy propose to require tobacco produet manufacturers to "visually inspect" stores and 'ensure compliance' (§897.12(b))! When the manufacturers find displays, advertising or other items that do not comply with the proposed regulaticns, the manufacturers would have to remove the offending items (§897.12(a)). In other words, the FDA proposes to draft tobacco manufacturers as sptcs who impose the law without worrying about private property or the presumption of Innocence I think it is appalling that a federal areney would eoascript an indu5try into be:oming enrorcers Here :n Arkansas, the police erlforce the law. Ttera is, however, an explanation for the FDA's attempt to drop the problem of enforcer,ten; into che lap of the tobacco industry. If tobacco manufacturers do not enforce the regulations • and pay for enforcement -who will? The FDA? It can't even enforce the prescription dn:, laws, The DEA? DEA agents have their hands fuil combatting heroin and cocaine. Surely we are not goinQ to call out the FBI. The real aaswer is obvious. If tite tobacco manufacrurers do aot enforce the regulations, no one will enforce them. Even if the tobacco companies do enforce some of the proposed reguiations, they cannot enforce "he I.D.•check rule and the federal ban on sales to minors. When all is said and done, the proposed regulations avoid the eruial questiotu: how can we parsuade clerks to obey existir.g !aw and stop selling tobacco to minors? I am convinced that the FDA has no answer, and that the states are better positioned to find the answers, To make up for the lack of enforcement provisions, the proposed regulations would make each

Illinois has developed a clear, coherent policy to eonfront-the problem of youth access. For the reasons I have discussed, the proposed regulations are completely unacceptable. They are nothing more thaa classic power grab by a federal agency in an area traditionally regulated by the states. They violate the constitutional guarantees of due process. Thep would turn tobacco companies into spies and •enforcera•. They ultimataly would have no effact on youth smoking and they would use this abeence of effect to justify further regulation. The regulations should be withdrawn. The issue of youth access to tobacco products should be left to the states. xilliam ShaW State Senator, 15th District Assistant Minority Leader

i CAerto1CFF+l'S: tpa0 STATE HpUSE 3GPINOfIBC. ILLfNC18 69tA 2+~npzaow . CISTP1CTpiFiCE ttOG SWTH MICiA6ANNIE4UE CMICAGC~ ILL@1018 e0E26 3171785d706 sueuaaw aFF,cE: 3= VVFb7 ,55TH MAPICIAI4 ILIINOIS ®6/16' 7a03f-4700 October 13, 1995 ILL/NOIf STATE $ENATE WILLIAM SHAW A6siSTAM MINORITY LlAD{N STATE SEVATOR•15TH O1STRICT Docket Hos. 95N-0253 and 95N-0253.7 Dockets Management Branch (IrA-305) Food and Drug Administration 12420 Parklaxn Dr. Ftockville, bID 20857 To Whom It Concerns COMMITTEES: E.YVIRCNMENt & cNER3Y AGPICLITJRE & CCNSEtVATiCN 'RANEPCRrAT1oN CCMMISSiCN3: - LECISLATIYE RESEAPCM uNR LECISLATNE RE:EPENCE Bt1R6Au As a member of the Sanate of the State of Illinois, I am writing to object to the FDA's proposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Aeg. 41,314 (1995). in a blatant pocaer grab, the FDA is attempting to federalise the issue of youth access to tobacco product, an issue over which states traditionally have exeroised sovereign authority. The proposed regulations are an affront, and they should be withdrawn. I want to make it clear that I do not acknowledge the FDA's authority to regulate tobacco products . The FDn and its predecessor have regulated the drag market for nearly 80 years and in all time these agencies have never claimed authority over tobacco products as traditionally marketed. what has changed? The FLU, simply has come under the influence, it not the control, of anti-tobacco sealots bent on destroying the tobacco indnstry and revoking the rights of adults to smoke. But federal lasw does not change it meaning simply because the winds of extremism have swept through the FDA. In our federal system of qoverament, youth access to tobacco products should be--and always has been---regulated by the states. Indeed, the ADAMFA Reorganization Act of 1995 required the states to regn].ate in this areat Illinois law makes it a crime to sell tobacco products to a person under 18 years of age. In addition, Illinois has enacted several other pieces of legislation to confront the problem of youth access to tobacco products. The State of Illinois has revisited and made policy judgements concerning the issues of youth access. I am proud of the fact that MMIED NIC1 • 10/EfH. m/J

Page 2 i+ov. 1. 1995 Hecau6* this proposal appears morv driven by political ccnsideration than policy Oon8ldeYatioII. I Eee1 it best to withdraw and ra-think thia regulation. Sincerely. Laura Reat Donahue State aenatoc 48th Diatrict LRD/am

IlrtnoPs Manufaoturers'Aasooiation October Ifi. I995 Dockets Mana,,ement Branch (FifA-305) Food and Drug a m+n«rion 12420 ParYlawn Drive Rockv't11G NO 20857 Re•_ DocketNos_ 95N-0253 and 9N-02537 To Whom It May Concettt: As President of the ISlinois Mannfacmrets' Association, I am wetieg to object to the FDA's proposed regulations resttictiag sale. disuibution, advertising and promotion of cigatettes and smokeless tobacco products. 60 Fed. Reg. 41314 (1995). The FDA is atrempting to fedexalize the issue of youth access to tobacco products, an issue over which smtes tradiuonaIly have ezercised sovereign authority. The proposed ree lation< represent federal ovezieachmg, and they should be withdravm. I want to make it drar that I do not acJmowledae the FDA's attrhoriry to repalate tobar-o products. The FDA and its predecessor have regulated the dtng maricet for nearly 80 years and in all that ame t5ese agencies have never ciaimrd authority over tobacco ptoducrs as traditiona]ly markated. What has changed? Some may argue that the FDA simply has come under the influence, if not The control, of anri-tobacco zealots bent on destroying The tobacco indnsm• and revoking The right of adults to smoke. In our federal system of government, youth access to tobacce preducs should be - and always has been - regulated by the st.'ues. Indeed, the AD?1vIIiA Reotganiauon Act of 1992 required the soxes to regnlare in this area. IIIinois law makes it a crime to sell tobacco ptoducts to a person under 18 years of age. In addition, Illinois has enacted several other pieces of legislation to confront the problem of youth access to tobar.co products. The staie of Illinois has revisited and made policy jadgrnents conoemirtg the issue of youth access_ I am proud of the fact that Illmois has developed a clear, coherent policy to coafronr The problem of youth access. For the reasons I have disoxssed, the proposed regulations axe naarccatable and sho+rid be dtvpped They violarz the consat¢tional guarantees of due process. They nltimardy would have no effect on:yotrth stndrmg, and the FDA would possibly use this absence of effect to justify fanlxr tegulation.'Ihe issue of enfotceznsat and tegalation of youth acrus to tobacev products should be ]efs te the srares. 209 west JaCk.tOn eNd. •$uite 700 • Chicsgo, nGtain • BnBU6.09Ba •(31z) 922.6575 • Fa (312) 972-659z 220 East Atlams stteet • Sorinafield. 1ninois • 62101 •t217152Z-1z40 • Fax t2771525-2526

Docket Nos. 95N-0253 and 95N-0253J November 3, 1995 Page Two For the foregoing reasons, it is my strong feeling that the FDA's proposed regulations should be withdrawn. The issue of youth access to tobacco products is a matter for the states to regulate, and any infringement adds to the already strained relationship batween federal and state governments. JAIAcs cc: The Honorable Richard G. Lugar, U.S. Senator The Honorable Dan Coats, U.S. Senator The Honorable Lee Hamilton, U.S. Congressman t

Docket Nos. 9SN-d253 aad 95N-0253J Page 2 October 2?, 1995 behiad a sales couutez witb a clerk (§847.16(cj). 1l4any stotes wilk have to ttxtrattge their floor space and build a whole new telmcca-coutrol center. The FDA tries to dismiss these probiems with th¢ Iaaghable svggesaon that trie average cast of such cnanges to retYilers will be oniy S30(1. Consav61ioa alone couid coat many times that amottot. For reasons of cost or space, many atorvs wiA not be able to make the required changes. Thoaa atotts would have to stop, or radically scale back. their tobacco product sales. in small busitsesses. Uus could have a big iutpact on the bottom IIne, causing layoffs and huzning whole communities. will the ban on seif-setvice displays actually prevent minors fiout obtaining tobacco products? Not at ail. The FDA statea titat the display baa will preveat shopliftutg by minors. 60 Fed. Reg. at 4L,325. Lf sht>{tiiil;ittg really wore a problem, hoarever, store owners themselves would ciiminate salf service displays. 'Ibe FDA also assests that a ban oa seif-seNiae displays will send a"message' to young people that cigareuea are not the same as candy and potato chips. 60 Fed. Reg, at 4l,325. Any young parson who elur3cs that cigarettc+ and ettndy are the same must live under a rock! An ovetwheL-nag m~ority of young people alteady believe that smokiaQ efgarettes is bad for your health. Finally, the FDA suggests that a baa on self-serrice displays will "iticrease the chec!::ng of young putchasers' ideatification by tetaa clerks" and discourage minars froAi trying to buy, 60 Fed. Reg, at 41,325. Tlas tnakes no ser,se. Whether you ar buyirg a lottery ticket att the cteckout counter or a box of Borax from a self-setvice display, every product you purehase in a atore you accually buy from a sales clerk in a faoe-to-face transactioa. Aegardless of where the custamer picks up the product, the tcal problem is ensuting that the clerk at the counter obeys the exPsting Arkansas 1aw banning sales of tobacco to minors. Nothing the FDA proposcs will tiave any effect on the behavior of clerks. The FDA was not satisfied with shac'sling rtail establishments. It also felt compelled to drop a nuclear bomb on the cigarette veuding maehine industry by bamaiag such machines outright (§$97.1.6(c)). Dots the FDA tealize that hundreds of my constituents c0ald lose their jobs as a result of the proposed ban7 The FDA says that there as only 181,755 cigarene vending mzcllines 1eft in the United States and each of those machittas sells approximately S10 wortit of dgareues per day. Thus, the proposed vending machine ban will Idll an industry doing S533 million worth of business each year. Where [ come from, 5633 million buys a lot of groceries! According to the FDA, the vending machine han will help to prevent mitwrs frctn buying tobacco products. In 1993, however, the DepartJnent of Tiealth and Human Setvicrs repettui that cigazette machines account for only a.°rtetion of illegal salas to mittors. See 58 Fed. Reg. at 45, 161 Accrording to the FDA's figures, nearly 80 percent of young peegle between 13 and 17 who smoke report that they do not often or even occasionally buy cigarcttcs from vending mxchines. 50 Fed. Reg. 41,324. This is beeause most ctguette vending machines, neariy eight out of ten, are iecared In places that are off liaties to tnistors or that miaors do not ftequent, such as bars and ceckrail lounges, iudu.atrial plants, offices, hotels and motels. 60 Fed. Reg. at 51,375. In other places, such as restiutants. service statioas and tetaiI stores, the owner or ^tanager catt monhor and,ttpervise vendinY machine sales. Thua, minors Qenerally cannot buy rom vesnding inachines, aad the proposxl vending machine ban hts lit-1e or nothing to do with the problem of youth aecass.

State of lndiana ~ Senatc SMaru Janss A. uwns Cummitlec etmoC/M4 eGUCVi GGrman Appcinimente & ClaimS. R.M ~ 7741¢rd Cemmerr,e 8 COnsumsl AUrs, R.M ` iMLna47ti1 I b fl Ch NsmralAeSourci Oa w , i/ November 3, 1995 Agaamura & Smaii l9usanes Docket Numbers 95N-0253 and 95N-0253J Dockets Management Branch (HFA 305) Food and Drug Administration 12420 Parklawn Drive RockviAe, Ivm 20857 To Whom It May Concern: As a member of the Indiana General Assembly, I am writing tb voice my concern regarding the FDA's proposed regulations restricting the sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1995). The FDA wants to federalize the issue of youth access to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed regulations would be harmful to the thousands of Indiana citizens dependent on the tobacco industry for their livelihoods, and I write to encourage that those proposed regulations be withdrawn, Although there are many problems with the proposed regulations, I specifically want to address issues that relate to states' rights. It appears, again, that another federal agency wants to impinge upon and restrict the authority of the states. Under our federal system of government, youth access to tobacco products should be - and always has been - regulated by the states. Indiana law currently makes it a crime to sell tobacco products to a person under 18 years of age. We also currently have enacted laws regulating tobacco advertising and use in proximity to schools, as well as several other safeguards for our youthfttl citizens. The FDA would claim that Indiana has not done an adequate job of enforcing its youth access to tobacco laws. I disagree. Unlike the FDA, Indiana legislators have had to make tough decisions about how to spend precious taxpayer dollars. We deal every day with street crime, drug-related murders, a teetering health care system and a range of other social problems. In that context, I think we have made significant legislative inroads to solve the problem of youth access to tobacco products. Whether we spend more money on the youth access problem is a decision that should be made by people like me - a state legislator - directly answcrable to the citizens who receive the benefits and pay the bills.

Docket Noa. 95N-0253 and 95N-0253J Newember lA, Page 2 1995 For the loregoing reasons, it ;s my etrong feeling that the FAA's propoeed rogulationa should be withdrawn. The ideue of youth access to tobacco products !s a matter for the states to regalate, and any inSringement adda Cv the already strained relationship between federal and state governments. Paul S. Mannw*ilex, spaakor 109th General aeeembly cc3 The Honorable Richard 0. Lugar Ths Honorabl8 Dan Coates The Honorable Dan Burton bcct Ton Fruechtenicht I

STATE OF ILLINOIS S[NATE LAURA KENT DCNANUE MA,JORITY CAUCU6 CMAIRMAN Cta STnre C...ITo, e+o M..L Sr. SPRING/9CLL. ILLINa~S al]05 .'~UtHCx, I_~IrvQ:j $e3Oi 10L DOv. 1, 1995 Docket Woa. 95N-0253 and 95R-0253J Doekets Management Branch (HFA-305) Food and Drug Administration 12420 Farklawn Drive Rodkville, Dm 20857 55as FDA's PropoC¢d Regylations Raettietinq the 3a1e, Distribution, Marketing and Advertising of Cigarettes and Srsokelaaa Tobacco Products To Whom It May Concerns As a senator in the Illinois General Assembly, i strongly urge that the abova proposed FDA regulations be withdrawn. Illinois has, for somre time, rscegnized the need to regulate the eale, distribution, marketing and advertising of cigarettes and tobacco products in order to restrict their access to and use by minors. In Eact, Illinois addressed this issue through numerous laws long before the FDA proposed its rules. Our Liquor Control Commieaion has expended a good deal of money, time and effort to study the youth smokinq problem. In addition to our effocts. :ocal governments throughout t*= state have passed strict smoking ordinances which are aimed at controlling youth access to and uaa of cigarettes and amokeless tobacco. Illinois has its laws and programs targeting youth smoking in place -- and they are working! As an elected etficial, I have serious reservations .a to the prudence o5 adding another Layer of government rBgulation to aur State and local initiatives. What our State needs i4 qWrO money for edllcatioa, not more requlation. Anetber federal mandate will drain our State's limited reseurces earmarXec for programs to educate ainors about negative effects of tobacco on thEir health and well being. They will take money from the very State agencies that are charged with implementation and oversight o£ cur Tobacco 6aies to Minors Aot. The proposed rules will create chaos in programs that are already working.

CITY COUNCIL CITY OF CHICAGO COUNCIL CHAMBER C/N HALL ROOM ZG! 12+ NW~r La9.ue C.,,cioo. I1.lCl02 3t2-T~d24 RiCNARO P. MELL F..: ]i2-)~ A.PS.r. sv,u wwro JQ~! Npr,y 1{~yt Avar.us IIEDSl L TaP.,CM: J11~ Pu: ~ Datlrot fVoa. 45N-o= and 95N-o253J OookaEt Merrgement Eron:h (HFA-305) Food and Qntq Adnirmilretian 12420 FeddaqNt pt: Rodivilet M0 2088T COMMITT6E MEM9ERSMIP6 cor.,-rees. RurAS..,o 6.,,,ca cc...,.....,~ a~ooe...o owsw.wcK o.ew+w.a f,v..rcQ_ rneu.rr, .+.n..w Rv..+,ws Tune.,C CC,./~ ..nq S, To w4aomirnry owc4rtt As an Aldertmrn of tha City of Chio>tgo, I arn writing to objed to the FDA'a proposed requlations resirictmg ssle, distrbulian, edvertising and promotion of cigereRes and amokeless tobacco products. 60 Fed. Reg. 41,314 (1905) Irr abWant power grab, the FpA is altempting to federalize the issue of youth access to tolweeo producta, an issue over which states trsC ronalfy have exercised sovereign authority. The propaesd ngWafione ets an affton6 and they shyukJ be withdrawn. Iwent to make It deer that I do not acknowledge the FDA'a authority to regulate tobacco produas. The FDA and ds predecessor have regulated the drug market for neary 30 yeers end in all that time these agenciee have never claimed authority over tobeoco products as traditioneity marketed. Whet has ctsnged7 The FQA sinply has come under the irdluence, if not the control, of anti-tobacco zealots bent on dastmying the tobacco irduetry and revoking the right of adults to smoke. But federal law does not efwtge its meaning eirtphj because the winds of extremum have swept through the FDA. In aur faderel sysiem of govemmaM, youth access to tobexo produds shouid be-end always has been- raguleted by the states. Indeed, the ADAMtIA Reorganization Act of 1992 tequ'ued the states to reguiate in thfs are.l Itlinois lew makes ft e erirne to sell tafwcao products to a person under 1 a yeers of ege. In addbon. ACmde has ertaaed several other pieess of tegialatbn to crnnfront the problem of youth access to toba= products. The Wata of INinofs has revisited end made policy judgnwn(s cotx:eming the issue of youth axeas, I am proud of the fact that tAinois has develcped a clear, coheror4 policy to confronf the problem of youth aocas,t For the reasons I hwe disoueaed, the proposed regulation are completey unecxeptable. They ere nothing more then a dnasie power grab by a fadersi agency in an area trad'dion.0y regulated by the states. They vidtle the comtihAionat guarantees of due proesa. They would turn uhecw companies into spies and 'entareeta'. They utlirrctely would have no effect on youth emoldng. and they would use this absenca af efTed to justify tunher regulation. The regulations should be wahdrawa The issue of youth emav to tabaeeo producla stnuld be left to the statee. Z . Med R. Aldennen & Conunitteerrun 39+d Wmd v2 cn o- ~ .a

91715677 ~

STATE OF INDIANA 8aU3E OF R,EPRESExTATNEs YRFl1DFlACi1 {TAtt VKtuaa. INDUNAreLa. lNOLfU A6lGI Novembbr 14. 1998 bncket. lJns. 4ISN-02D3 and 9SN-0S59.J Dockets Management Sranch (HFA-305) 3.2420 Parld.awSi ax. Rockville, BC 20857 PAut S. MAnwwntaR ti'CAifRk 7N1/10 RGE/I B?AtE MOyii INp1ANAIO6/f. INC/ANA J0i04 To Whom It May r.oncem: As the 3pcaker of the Gensral Ans.xmL2y of Lndianay r am writiny r.;~ voica my concern regarding the FDA's proposed' reQV.latior.s restricting the dale, di&triY~uliou, aav'srLimiuy dnd preuuvLivu vL aigarsttes and•amokelea6 tobacco products. Go Fed. Reg. 41, 214 (1995). The DDA wants to federalize the issue of youth access to tobacco products, an issue over which states tradizionally have exercised sovereign authority. The proposed regulations wou:a be ha-:fu1 to the tY.oueande of Indiana citirenb dependent on the tobacoo industry for their Tivelihocds, and I write to encourage , that.thoea proposed regulations be withdrawn. Although there are many problems with the proposed reguiati7:Ss; i specifically want to address issues that relate to states rights. it appears, once again, that another federal agency wants to impinge upon and restrict the authority of the states. Under our federal system of government, youth access to tobacco products should be -- and always has been -- regulated by the states. Indiana law currently makes it a crime to sell tobacco I,roAucr..g to a Persnn under 18 years nf age. We also currently have enacted laws regulating tobacco advertising and use in proximity to schools, se wall ae eeveral other oafegunrdo for our youthful oitiaans. The FDA would alaim that Indiana has not done en adequate job of enforcing ito youth aocus to tobacco laws. IAioagrcc. Vnlike tho FDA, Indiana legielatore have had to mako tough decisions about how to spend precious taxpayer dollars. We deal every day with streot crime, drug-related murder®, a teetering health care system and a range of other secial problems. In that context, I think we have made significant legielative inroads to solve the problem of youth access to tobacco products. whether we epend more money on the youth access problem is a decision that should he made by people like me -- a state legislator -- di.reccly answerable to the citizens who receive the benefits and pay the bills. ,a -4 .. cn V A

57-cRMAN J. JONES SEN~TCR, 6TH u16TRICT 3736 WEAVER ORIV£ NAN5A5 CITY, MAN5I5 66IC4 i9t 31 3a]5Y26 COPEx< SENATE CHAMBER STATE CAPITOL BUILDING TOPEKA. KANSAS 66612-1504 (913) 296-7376 October 4, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-3o5) Food and Drug Administration 12420 Parklawn Dr. Rockville, MD 20857 COMMITPgg ASSIGNMENTS MEM3EF .ECE+>L>NO SaTE PFC>iR5 'NG M~NGqIT`~ 'FPNSPGRTPTION & JTILIT:ES 1SPL'N g wELF>P5 E'JCATION JO1.vT COMniTTgE'a CNiLOFEN aN0 =miLiES CL:~ME >GmngT TSE ?T>TE CR>IOMAN LEGIE SLACR CALC__ To whom it may concern: As a member of the Kansas Senate, I am writing to protest the FDA's proposed regulations restricting sale, distribution, adver- tising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1995). In a blatant power grab, the FDA is attempting to federalize the issue of youth access to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed regulations threaten serious harm to the citizens of Kansas. The proposed regulations should be withdrawn. Before I explain my specific objections, I want to make it clear that I do not acknowledge the FDA's authority to regulate the sale, distribution, advertising and promotion of tobacco products. The FDA claims that it has the power to regulate tobacco products as a "medical device" that delivers a drug called nicotine. This is nonsense. The FDA repeatedly has stated that it does not have authority to regulate tobacco products as traditionally marketed. Nothing has changed. Federal law does not authorize the FDA to regulate tobacco. In our federal system of government, youth access to tobacco products should be -- and always has been -- regulated by the states. Kansas law makes it a crime to sell tobacco products to a person under 18 years of age (K.S.A. 79-3321). I am proud of Kansas' efforts in the youth access area. Kansas neither wants nor needs FDA interference. Though there are many problems with the proposed regulations, I would like to focus on the restrictions the FDA would impose on the retail community. The proposed regulations give the FDA control over the layout and operations of every retail establishment in

Docket Nos. 95N-0253 and 95N-0253J October 4, 1995 Page 2 Kansas. From K-Mart to the corner pharmacy, every store that sells cigarettes and smokeless tobacco will have to stop using self- service displays and place every cigarette and smokeless tobacco product behind a.sales counter with a clerk (Sec. 897.16(c)). Many stores will have to rearrange their floor space and build a whole new tobacco-control counter. The FDA tries to dismiss these problems with the laughable suggestion that the average cost of such changes to retailers will be only $300. Construction alone could cost many times that amount. For reasons of cost or space, many stores will not be able to make the required changes. Those stores would have to stop -- or radically scale back -- their tobacco product sales. In small businesses, this could have a big impact an the bottom line, causing layoffs and harming whole communities. Will the ban on self-service displays actually prevent minors from obtaining tobacco products? Not at all. The FDA states that the display ban will prevent shoplifting by minors. 60 Fed. Reg, at 41,325. If shoplifting really wtre a problem, however, store owners themselves would eliminate self-service displays. The FDA also asserts that a ban on self-service displays will send a"message" to young people that cigarettes are not the same as candy and potato chips. 60 Fed. Reg. at 41,325. Any young person who thinks that cigarettes and candy are the same must live under a rock! An overwhelming majority of young people already believe that smoking cigarettes is bad for your health. Finally, the FDA suggests that a ban on self-service displays will "increase the checking of young purchaser's identification by retail clerks" and discourage minors from trying to buy. 60 Fed. Reg. at 41,325. This makes no sense. Whether you are buying a lottery ticket at the checkout counter or a box of Borax from a self-service display, every product you purchase in a store you actually buy from a sales clerk in a face-to-face transaction. Regardless of where the customer picks up the product, the real problem is ensuring that the clerk at the counter obeys the existing Kansas law banning sales of tobacco to minors. Nothing the FDA proposes will have any effect on the behavior of clerks. The FDA was not satisfied with shackling retail establishments. It also felt compelled to drop a nuclear bomb on the cigarette vending machine industry by banning such machines outright (Sec. 897.16(c)). Does the FDA realize that hundreds of my constituents could lose their jobs as a result of the proposed ban? The FDA says that there are only 181,755 cigarette vending machines left in the United States and each of those machines sells approximately $10 worth of cigarettes per day. Thus, the proposed vending machine ban will kill an industry doing $633 million worth of business each year.' Where I come from, $633 million buys a lot of groceries!

Docket Nos. 95N-0253 and 95N-0253J October 4, 1995 Page 3 According to the FDA, the vending machine ban will help to prevent minors from buying tobacco products. In 1993, however, the Department of Health and Human Services reported that cigarette machines account.for only a fraction of illegal sales to minors. See 58 Fed. Reg. at 45,262. According to the FDA's figures, nearly 80 percent of young people between 13 and 17 who smoke report that they do riot often or even occasionally buy cigarettes from vending machines. 60 Fed. Reg. 41,324. This is because most cigarette vending machines -- nearly eight out of ten -- are located in places that are off limits to minors or that minors do not frequent, such as restaurants, service stations and retail stores -- the owner or manager can monitor and supervise vending machine sales. Thus, minors generally cannot buy from vending machines, and the proposed vending machine ban has little or nothing to do with the problem of youth access. In addition to ruining vending machine owners, the vending machine ban will hurt restaurant and bar owners. Imagine that it is appr=aching 11:00 p.m. A smokar is sitting in a bar having a drink with friends. She runs out of cigarettes. Can she buy a pack in the vending machine? Thanks to the FDA, she can't. As a result, she might walk out the door, get in her car and drive away. Bar and restaurant owners will be hurt by the loss of smoking customers who walk out to search for cigarettes. If the FDA doesn't think this is a serious concern, it should ask itself why so many bars and restaurants have cigarette machines. For the reasons I have discussed, the proposed regulations are completely unacceptable. They are nothing more than a classic power grab by a federal agency in an area traditionally regulated by the states. They place huge and unfair burdens on the business community. They will cost jobs in my state, including the jobs of everyone in the cigarette vending machine industry. The regulations should be withdrawn. Sherman Jdnes Senator, 4th District cc: U.S. Senator Nancy Kassebaum U.S. Senator Bob Dole U.S. Representative Jan Meyers

JACK RIFE BTAT3 3£NATOR N6nt16Ni DVfr{4K Cedar, Clinton, Jonos. ?eott Countie0 HOHRADDRE89 Box 877 lxATa OF IOWA Dursnt, Iowa 52741 Seuenty=&a~.l G.naa! AasemMy eTAlLaoL2& Pei ptcitu., ~Beicc 513319 Novenlber 7, I995 DocketNos. 95N-0253 and 95N-0253J Dockcts Adanagement Branch (IdFA-305) Food and Drug Administration 12420 Parklawa Dr. Rork-Jille, MD 20857 To whom it may concern: SSINORITY LEADER LEGI6LAT1VH COUNCIL C6MMIITEEB 4ULEa AND AD,1AINI9TRAT ID~ kANX7NG fdEM9SR As a member of the State Legislature of Iowa, I am writing to protest the FDA's proposed regulations restticting sale, distribudon, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 4I,314 (1995). In a blatant power grab, ihe FDA wants to fcderaliue the is9ue of youth aeceas to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed reguletions are an affront, and they should be withdrawn. I wish to atate for the record that I do not believe the FDA has the authority to regulate tobac:o products. Since the early 1960's the FDA repeatedly has atated that it does not have ;egal authority to regulate tobacco products as traditionally markz;ed. Federal law does not authorize thc FDA to regulate tobacco producta. Coneequently, the FDA should withdraw the praposed regulations. In our federal system of government, youth access to tobacco products should be -- and always has been - regulated by the states. Iowa law makea it a crime to sell tobacco products to a person under 18 years of age. In addition to the ban on sales to minors, Iowa has enacted several other pieces of legislation to confront the problem of youth access to tobacco products. I am proud of the fact that Iowa has developed a clear, coherent policy to confront tho problem of youth access. On this issue, Iowa neither ' wants nor needs FDA interference. ator lack Rlfb Te4e JSBYIFit2 Mlnority Lcader

TOM SAWYER . FFuuse Oema:rdtic Leader ,Ztc'TtP III ?Lic`IrT5DT8 ,.b~lIIU5P Qf ,x.~P}1rP5PYLtaf[~Te-"s Offire of tite 4Eircaritu,, }rPaber October 4, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food and Drug Administration 12420 Parklawn Dr. Rockville, MD 20857 To whom it may concern: Toncka dddrers State Capttol Room 3?7-S TopcAa, Kansas e6d1?-L50-4 -9191 _96-7830 As a member of the House of Re^resentatives of Kansas, I am writing to protest the FDA's proposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1995). In a blatant power grab, the FDA is attempting to federalize the issue of youth access to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed regulations threaten serious harm to the citizens of Kansas. The proposed regulations should be withdrawn. Before I explain my specific objections, I want to make it clear that I do not acknowledge the FDA's authority to regulate the sale, distribution, advertising and promotion of tobacco products. The FDA claims that it has the power to regulate tobacco products as a "medical device" that delivers a drug called nicotine. This is nonsense. The FDA repeatedly has stated that it does not have authority to regulate tobacco products as traditionally marketed. Nothing has changed. Federal law does not authorize the FDA to regulate tobacco. In our federal system of government, youth access to tobacco products should be -- and always has been -- regulated by the states. Kansas law makes it a crime to sell tobacco products to a person under 18 years of age (K.S.A. 79-3321). I am proud of Kansas' efforts in the youth access area. Kansas neither wants nor needs FDA interference. Though there are many problems with the proposed regulations, I would like to focus on the restrictions the FDA would impose on the retail community. The proposed regulations give the FDA control over the layout and operations of every retail establishment in Kansa's. From K-Mart to the corner pharmacy, every store that sells

Docket Nos. 95N-0253 and 95N-4253J October 4, Page 2 1995 cigarettes and smokeless tobacco will have to stop using self- service displays and place every cigarette and smokeless tobacco product behind a sales counter with a clerk (Sec. 897.16(c)). Many stores will have,to rearrange their floor space and build a whole new tobacco-control counter. The FDA tries to dismiss these problems with the laughable suggestion that the average cost of such changes to retailers will be only $300. Construction alone could cost many times that amount. For reasons of cost or space, many stores will not be able to make the required changes. Those stores would have to stop -- or radically scale back -- their tobacco product sales. In small businesses, this could have a big impact on the bottom line, causing layoffs and harming whole communities. Will the ban on self-service displays actually prevent minors from obtaining tobacco products? Not at all. The FDA states that the display ban will prevent shoplifting by minors. 60 Fed. Reg. at 41,325. If shoplifting really were a problem, however, store owners themselves would eliminate self-service displays. The FDA also asserts that a ban on self-service displays will send a"message° to young people that cigarettes are not the same as candy and potato chips. 60 Fed. Reg. at 41,325. Any young person who thinks that cigarettes and candy are the same must live under a rock! An overwhelming majority of young people already believe that smoking cigarettes is bad for your health. Finally, the FDA suggests that a ban on self-service displays will "increase the checking of young purchaser's identification by retail clerks" and discourage minors from trying to buy. 60 Fed. Reg. at 41,325. This makes no sense. Whether you are buying a lottery ticket at the checkout counter or a box of Borax from a self-service display, every product you purchase in a store you actually buy from a sales clerk in a face-to-face transaction. Regardless of where the customer picks up the product, the real problem is ensuring that the clerk at the counter obeys the existing Kansas law banning sales of tobacco to minors. Nothing the FDA proposes will have any effect on the behavior of clerks. The FDA was not satisfied with shackling retail establishments. It also felt compelled to drop a nuclear bomb on the cigarette vending machine industry by banning such machines outright (Sec. 897.16(c)). Does the FDA realize that hundreds of my constituents could lose their jobs as a result of the proposed ban? The FDA says that there are only 181,755 cigarette vending machines left in the United 8tates and each of those machines sells approximately $10 worth of cigarettes per day. Thus, the proposed vending machine ban will kill an industry doing $633 million worth o business each year. Where I come from, $633 million buys a lof of groceries!

Docket Nos. 95N-0253 and 95N-02535 October 4, 1995 Page 3 According to the FDA, the vending machine ban will help to prevent minors from buying tobacco products. In 1993, however, the Department of Health and Human Services reported that cigarette machines account.for only a fraction of illegal sales to minors. See 58 Fed. Reg. at 45,161. According to the FDA's figures, nearly 80 percent of young people between 13 and 17 who smoke report that they do not often or even occasionally buy cigarettes from vending machines. 60 Fed. Reg. 41,324. This is because most cigarette vending machines -- nearly eight cut of ten -- are located in places that are off limits to minors or that minors do not frequent, such as restaurants, service stations and retail stores -- the owner or manager can monitor and supervise vending machine sales. Thus, minors generally cannot buy from vending machines, and the proposed vending machine ban has little or nothing to do with the problem of youth access. In addition to ruining vending machine owners, the vending machine ban will hurt restaurant -nd bar owners. Imagine that it iz approaching 11:00 p.m. A smoker is sitting in. a bar having a drink with friends. She runs out of cigarettes. Can she buy a pack in the vending machine? Thanks to the FDA, she can't. As a result, she might walk out the door, get in her car and drive away. Bar and restaurant owners will be hurt by the loss of smoking customers who walk out to search for cigarettes. If the FDA doesn't think this is a serious concern, it should ask itself why so many bars and restaurants have cigarette machines. For the reasons I have discussed, the proposed regulations are completely unacceptable. They are nothing more than a classic power grab by a federal agency in an area traditionally regulated by the states. They place huge and unfair burdens on the business community. They will cost jobs in my state, including the jobs of everyone in the cigarette vending machine industry. The regulations should be withdrawn. Sincerely, ~ Tom Sa ler House emocratic Leader cc: U.S. Senator Nancy Kassebaum U.S. Senator Bob Dole 'U.S. Representative Todd Tiahrt

SIM LIND STATE A&YATea Thirta.neh Dietr4ct Blsek Hawk Caunty sn eee~.. tszbl aavsan ort~ ce.: (71m eBMQA FAS: t51b1 ~-`.11n5 i"f,Tl;teGL14G~17,ry 7 T48 'SEYtttf.2 srASB aP tCwA Saavnty-SisfA Cerrarv! AtMmBty &rAT&HOU9t ~fr~uinaa, '3dfuu 50312 ASSISTANT MINORITY LEADER LELIBTATIVE COMSIT[EE9 AOOACnfUan4 Ru a{.inp Jfenlhr 6eVnuen R•ilat k AdminbenJnn ?4kUcverement l4wapcttndan atAT[:-roaY COM}1171'EES LegisaHw Ceunea Flxal Committm DocketNos. 95N-0?S3 and 95N-a253J Dockets?bfanagentent Branch (fdFA 305) Food and Drug Administration 12423 Parklawtt Dr. Rockville, MD 20857 To whom it may conccrn: As a member of the State Legislature of Iowt, I am wl'iting to protest the FDA's proposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg, 41,314 (1995). In a blatant power grab, the FDA wants to federalize the isaue of youth access to tobacco products, an issue over which itates trnditionally have exercised aovereign authority. The proposed regulations are an aS•ront, and they should be withdrawn. I want to make it clear that I do not acknowledge the FDA's authority to regulate the eale, distribution, advertisiag and promodon of tobacco products. The FDA claims that it has the power to regulate tobacco products as a"medical device" that d:ivers a drug called nicotine. Thia is nonsenee. The FDA repcatedly has stated that it does not have the authoriry to r-.gutate tobacco productz sg uaditionally m.arketed. Nothing hns changed. Federal law does not authorize the FDA to regulate tobacco, Though there are many probletns with the proposed regulations, I would like to tbcua on the restrictions the FDA would Impose on the retail eommunity The proposed regulations give the FDA control over the layout and operation of every tetnil estabiishment in Iawa. This govetnment control and interference of retail space would have a strong economic impact on the small business operators In Iowa. 7uat another wse of govenssnent intrusion into small businesses. Regardless of where the customer picks up the product, the real problem is ensuring that the clerk at the counter obeys the odsting Iowa law banning sales of tobacco to minors. Nothing the FDA proposes will have any effect on the behavior of clerks. Sincerely, r~.I State Senator :,OD,

Docket Nos. 95N-o253 and 95N-0253J Page 2 October 31, 1995 We in the Kansas Legislature have already enacted an 18 minimum age purchase, among other restrictions, and will continue to enact our measured, reasonable respons6s when required. States have traditionally exercised their authority over most aspects of retail transactions occurring within their borders. The FDA proposal would place new restrictions and obligations on retailers and manufacturers that are not suitable for my state. Furthermore, the proposal would impose enforcement obligations on manufacturers and citizens; in essence a new police force coerced by bureaucratic fiat but riot responsive to the laws of our state. Indeed, the National Conference of State Legislatures, in an amicus cnriae brief in U.S. V. Lopez, 116 S. Ct. 1624 (1995), states that the injection of federal officials ir.to h:al problems causes friction and reduces accountability of state and local governments. This is Lve. our state does not need more federal involvement in our affairs; we need fess. Furthermore, I believe the FDA is wasting time and money, draining precious resources from its core mission of testing and approving drugs. I urge you to drop this rule, let the states continue to monitor and enforce their own laws, and return to the mission that Congress has given you. Very truly yours, Paul Bud Burke President - Kansas Senate PBB/ksr

KANSAS SENATE PAUL BUD BURKE SENATE PRESIDENT 3OT C:OM MLaL PIICLC ~T%c ~ ~, OFFICE OF THE PRESIDENT bT475 CAAROL TCPSXA RANrAS OM,Z'V7" 913391F26t9 OCTOBER 31, 1995 Docket Nos. 95N-0253 and 95N-0253.! Dockets Management Branch (hiFA-305) Food and Drug Administration 12420 Parklawn Drive Rockvitte, MD 20857 oac.naaT+mr~ c+6p+aw uro mns aroa ~i2.TATE mGRaalLJ ~lCt9l1M MJOGR . . ~.~ ~,..~ ~.~ .~.~ . ~ ~ ..~ ~~ . M/:T1CMY. p~6Pp1C ~ STaiE 1.6~SATJfEB aaE~oW bYfm II+D QLCUTIV[ Or~+RS . m++m. ~ sr.tE ~~.b].~s To Whom it May Concern: I am writing regarding your recently proposed regulations which impose brozd restrictions on the sale, distribution, advertising and promotion of smokeless tobacco products. At the outset, I want to make It clear that I strongly support our own state faws prohibiting the sale of tobacco products to minors; enacted, by the way, long before FDA turned its attention to the issue. In fact the states, and our state in particular, have undertaken for some time a number of.aC,ions to prevent the sale of tobacco products to minors. However, as a member of the Kansas Senate, I am opposed to this over-reaching power grab by the federal govemment. The proposed FDA regulations would establish a national rrlinimum sales age for tobacco products. Specifically, the proposed rules would establish 18 as the federal minimum age for purchase of cigarettes and smokeless tobacco products and would prohibit cigarette vending machines, free samples, mail-order sales, and self-service displays. These requirements would unlawfully intrude upon an area of regulation which must be, and has historically been, left to the discretion of the states. Because Congress has not preempted state law with respect to a minimum sales age and certain other restrictions upon sales, states should be free to enact their own separate regulatory schemes suitable to the needs of their particular state and its citizens. In fact, our state is way ahead of the FDA in this area.

sTa,''TE OF udDIAxA HOUSE OF REPRF:aF..TtITATTVF:C 7SNRC 7t.OOR eTATn NGt7fE. NVpINN/ONR. INOIwMA ~ JLFF BcpcN GPtAN{R PUO TLN TNMO PLO00 e7AT[ NOW6 INDIANAro1.IG1 INOIANw sy/W 19t0 Yi. MANCOCM eT7ftT, /pX k5* VNIONOk.G. INOIAMA 44791 1teH-we COMlq7TiG9+ COUR1f MIO CAIMINA6 CoOC INWNANL\i W~T~N/1~IVNY ANV .MAK /VINN61/> OCtObw 'w, YM ~ ~1li~liW~~~~ •AdpY Ala'.9Ut•>IroNN.N~W ~VA\ Aodut< ~ Q..N.+. ~~f Yw./ ~ae~y~l~~~IMIkG!. /PKi~~r•T/HI M/W7 1V TIa/m It•rrJ boamaY A. Lmember orthe IndFana Hoate otliepreeentatives, I em wrltingto protest t8e FAA'e proposed n;nt.tonsaatrlotlnQ the aaM, dl.trl6uttau, sdvertlNug rmd pramotias ofclprettee xnd emohakastovacm p[odueta I1l a Eieraat powet grat+, the !DA wlptts to (pdert3tse the isnue of youth accem to tobnc.ro prodo" m lewa ave which ftAtea treI have exeroieed eovetein authority. The prnpoeed reaui.ttooa also vinLte batla ooastftuttoaat prLloipkt and tDreatea .erlou; harm to tha ckxene of Indieoa. The propaed eqaLtiont Aro an e@ont, and they >ihouid be tu{thdrarra Befartl eapkin my epcm8e o6jeaioae, I wish to etate for t8e reoord t]>at I do aot twl9eve the FDA h.s thencieh+rit;vto regulate toheoooproducI.. @Iiwe the early 1980'4 the FDA reyeated(y Lau etaied t$at It<{e06IIOklLTekQ#IAttt~lOrltyt07l~AtetBblOCeprodu cGYtTad~ttOAdl~~Lr]teted Wt7athl1lqkNIIQed? 0* me t11{ng The FnA IInM Ilat DDIIle under the iaflneras, it not the oomtrolL a[aaI aeeiets hee! on d.ettroyittS the ta6ecco indnttsy attd revokio¢ the right of adults to smoke, Federal law does not authorlse the FDA to regulate teburr pminlin. !`.anaeqven4, the P7]A ehould withdssw the proposed r.~uWiOaa. ]a our federal syetem otgovemmeat, youtb eaeesa to tobeam prodaota should be - and always has been - torwloWd by the etatr. Iadi*pa law makos it awlme to aell tohwoo products to a pereaa under IS yeun of ag.. Ia tdditlva to the ben cn adw to adneri, IaAiwa ha. enaat.d r..eeal other pF.eov c[ Ieglido" teaanl4aat tht problem olywth.aoa. to tokaxo prodaut.. I t m preud eP4b. E~ct th.t 7+vileaa h- dw.Solwd a olear, ooher.at po1bq to aoo4cat the problemof yonth acow.. On this ipuM indi.va neifhae wutfr mt eoodr PAA iuNeheeese. The 8LA vronld a3aim, ao deubt, that fndiam has not doae .n aQeqnate job o[+mfereieR Its 9outh eeaer )atv.. I cliaegcee. Uolflu the F'DA, wbioh livae fn the lantety land of the tbderal budget, Indiana l.ddptoae ha•c bnd to make touetl dadtioas abottt bow to spand pTeolom taapayer doi7aza. We dad cvsry dqy N1th AtsMt mdIDe/ deuy`rahtsd mardarb a te.t.ring healEh caee qrtem aad a rt"! oC other eeeid peeGlama. Ia that ooetatd„ I tmlek Tie haw 0;Nm cdrqurte attantica to tbe pwht.m of youth aooae to teE.otO ploQlLLYe. Cetdd we e[ead mcre mooey cn the g.oblm? Of aour... Bhw1d wet I am open to p,ewt.slm Bnt the by yaok 4 that ttuc" deeidon..hauld be m.ee net by tha IrnA sut by p.op7eliku t®e ->ttALe 1loilaEOTe alrft~ aastvero4le to the dtlse37e wkw reoetve the Leriefts end toot the biD.

For the reasons I have discussed, I urge the MA to withdraw the propoeed regulaiions. They violate the constitutional gaazaateee of free speech. Tlxe federal goveraueat should stay away fcoin the issue of youth access to tobacco pznducts. Siaoerely, wilfiam E. Kern cc: Senator John D. Rockefeller, IV Senator Robert C. Byrd Cosagresemaa Alan B. Mollohan

i Je1M63 A. GRANAM COMMI55CONER November 16, 1995 Docket No. 95N-0253 and 95N-0253J i Dockets Management Branch (HFA 305) Food and Drug Administration 12420 Parklawn Dr. Rockville, MD 20857 TO whom it may concern: As Commissioner ofAgticnlttae in North Carolina, I am wtiting to comment on the FDA's proposed regulations restricting sale, distribution, m ting and advottising of cigarettes and smokeless tobacco products 60 Fed Reg~ 41,314 (1995).i 1'!>esc iegulations are nothing more than an assault on the traditional authotiry ofthe statea. In Ivs. 10 speech, President Clinton sfated that be was authoriting fedcrnl action ag3inat~tobacco ptado protect the young people of the United States." This insinuates that I and the other membets of otth Carolina state gove[nment cantwt lootc out for the well-bring of our children.i I resent this instnuatioa The FDA must withdraw these unnecessary and illegitimate regulations. I Before discussing tho proposed trgulaiions, I ne~d to be clear about one basic point I do not recognize FDA authority to regulate tobacco ptnducts. Qver the course of 80 years, the FDA and its predecessors have never asserted authority over toba o products unless they tvere marketed with therapeutic claims. In press releases and ~I ongressionai~jestimony, the FDA repeatedly has declared that it tacks legal authority to regulate ta6acco products as ttad'ttionally marketed. Now, the FDA has reversed course and asserted jutisdiction,l The law; ho , has not changed, The FDA does not have jurisdiction. ~ All participants in these proceedutgs agree that kiag is an adult choice. I am proud of the fact that North C.irolina has taken strong steps to ensitre that children do not have access to tobacco products. North Carolina law makes it a atime to sell to products to a person under 18 years of age. Article 39. Paragraph 14313 of 4he N.C. Gene al Statute states that it is Illegal to sell to minors under the age of 18. The entif e paragraph~eadc "Protection of Minors14313. Selling Cigarettes to Minors If any person shald knowlingly se , give away or otherwise dispose of, directly or indirectly, cigarettes, or tobacco in the form of clgarettra, or cut tobacco in any form or shape which may be used or intended to be, used as a subititute for cigarettes, or cigarette wrapping papers, or a smokeless tobacco product to nary minor rr nder the age of IS years, or if any person i

In our federal system of government, youth access to tobacco products should be regulated by the states. Wisconsin law makes it a crime to sell tobacco products to a person under 18 years of age. In addition to the ban on sales to minors, Wisconsin has enacted several other pieces of legislation to confront the problem of youth access to tobacco products. I am proud of the fact that Wisconsin has developed a clear, coherent policy to confront the problem ofyouth access. On this issue, Wisconsin does not need FDA involvement. The proposed regulations are unacceptable. They are nothing more than a classic power grab by a federal agency in au area traditionally regulated by the states. They violate the constitutioctal guarantees of free speech. They ultimately would have no effect on youth smoking. The regulations should be left where it always has been -- with the states. cc: Congressman Gerald D. Kleczka Senator Herb H. Kohl Senator Russell D. Feingold Congressman Thomas M. Barrett

WRAm F- Xtm MWN (80A) Ya2-3140 (Vtg uf ArArr4rxc eRFiCE OF THC MAYOR Aksscticu. AexG 'ffia0rta November 8, 1995 Dacketa Management Branch (HFA-3Ub) Food and Drug Admiaistratfoa 12420 Parklawn Drive Roelrrille, Maryiand 20857 Re: Docket Nos. 95N-0268 & 96N-a253J Dear Sir or Ms.: As the Mayor of MCMechen, West Virginia, 1 am writing to comment on the b'DA's ptvposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,31# (1995). Before discussing the proposed reauIations, I need to be clear about one basic point. I do not think the FAA has the legal authority to re~ ate tobacco. My pA~~ on in this comment process does not mean that I-recognize FDA Everyone8grees that smoking is an adult choice. For that reason, West Virginia law makes it a crime to sell tobacco products to a person under 18 years of age. In addition, West Virginia has enacted several other pieces of legislation to confront the prablem of youth access. I support this legislation, amd as Mayor, I have tried to enforce it. The FDA would claim, no doubt, that I have not done an adequate job enfbraing West y1rginia's youth access laws. What I have tried to do is ensure that the linaited supply of tax dollars in Mcrviechen is used as wisely as possible. I have tried to give due attention to the problem of youtbh access to tobacco products. If we has unlihnited resources, we could do more. The FDA is attempting to promote the proposed regulations as an effort to protect the youth of America from a"pediatnc disease " i.e., tobacco use. The proposed regulations, however, will have little or no e~fect on this problem. Instead, they will violate basic First Amendment rights, lead to the harassment of adult smokers and cause serions economic harm to whole sectors of the economy. 8

Even assean'mg for the sake of prgument that the tobacco companies could or should enforce some of the proposed regulations, they cannot enforce the proposed LD. check rnle and the underlyirtg ban on sales to minors. But this is the basic "youth access" prob : how do we actually stop sales clerks from selling tobacco products to minors? The FDA and die H of the federal government clearly do not have a soltdoa Responsibility iaevirsbly must lie with state 1a.vm+toe+* and state and local enforcement officezs. The FDA does have one othar,' °solittion° to I problom of enforcement make evetyone respovsi"ble for evetyfhiag and tbreaten e`veryone' with t for each alleged offense Under the regulalions, anyone who ~era the maiketing of " ttes or smokeless tobacco products" would be coasiderr.d a"distabator" (S g973(c)) aodiqaild be IegaQy bk for ensuring that any cigarettes and smokeiess tobacco products he "distnbo<ra" eorgpl.y with all of tfie FDA's regulations (S 897.10). Thus, a trttcking company mfght be charged with a. fedaai o$rau " it hauls a aigarette paek containing fewer than 20 cigarettes (5897.16(b)). The trodcag campaay could be Omisbed for an offense actually committed by someone else, sameone ova whom it had nn actval or controL 11us proposal violates Hte most basic principle of justice: a person should be held responsible for his or her own deeds. Not surprisingly, dz FDA does not evenlry to jwtify this proeosaL 64 Fed. R At 41,323. This owsageous attempt to treat the entire tobacco business as a conspuayy~ drmonstrates' conclusively that the FDA nas no idea how to enforce the proposed regulations. Apparently &ating that the ptoposed reguletions will have no effect, the FDA proposes to require itself to come back in seven yeans with edditi~al rza~idi on adveriising markettng,and sale of tobacco products if the namber ofundetage smokm bas not dectcasd by 50 percent (S 847.44). In my view, when a regulation proves ineffectnal, the rational response is n more regulation. For the reasons I have discussed, I urge the FDA t~O withdraw the proposed regulations. They are nothing more Shen a classic power grab by a federal ageueyl in an area traditionally regulated by the states., They violate the constitutional guaranteea of due processIas well as fundsmental norms of justice. They ultimately would have no effect on youth smoking, and thby would use this absence of as an excuse for finther regulation. The issne of youth altcrss tu tobacco products should be left to the states. 0 3

Robert L. JACKSON, JR. Countg Supervisor Brown Deer and Northwest Milwaukee OFFICE: Courdlouse Room 201 901 North 9th Street ~1lilwaukee, WI 53233 RESIDENCE: 6115 N. Denmark Street ivtilwaukee, wf 532?S TELEPHONES: County Board: 278-4Z43 Districc OfCice: 355-3600 Home:358-0920 ' Chairman Milwaukee County `~" ro tT ~ Board of Supervisors October 26, 1995 Docket Nos. 95N-0253 and 95N-0253J Dockets Management Branch (HFA-305) Food,and Drug Administration 12420 Parklawn Drive Rockville, NID 20857 To whom it may concern: As a member of the Milwaukee County Board of Supervisors for Milwaukee, Wisconsin, I am writing to protest the FDA's proposed regulations restricting sale, distribution, advertising and promotion of cigarettes and smokeless tobacco products. 60 Fed. Reg. 41,314 (1955). The FDA wants to federalize the issue of youth access to tobacco products, an issue over which states traditionally have exercised sovereign authority. The proposed regulations also violate basic constitutional principles and should be withdra«m. Before I explain my specific objections, I wish to state for the record that I do not believe the FDA has the authority to regulate tobacco products. Since the early 1960's the FDA repeatedly has stated that it does not have legal authority to regulate tobacco products as traditionally marketed. What has changed? Only one thing. The FDA now has come under the influence, if not the control, of anti-tobacco zealots bent on destroying the tobacco industry and revoking the right of adults to smoke. Federal 1aw does not authorize the FDA to regulate tobacco products. Consequently, the FDA should withdraw the proposed regulations. ,zy

JAME9 A.ORANwM COMMI55laNEF ,~ftxkt af Wur 1garalina Paperharrtt af c :~eptemba 26, 1~95 DoclretNos. 9SN-a253:and95N-233t 1 Doetaets Managem=tSranch (HFA_305) , Food andDtng Adrrtin~ 17st20 ParklawaDc.. Rockvs7le; MIIk 20857''• . To whom it may concear I - I am writing.to expneaa..myoppoation to t6epiqposciFDA regulations on the manufacture and sale of tobacco products. I I agree that we should do evetytfiing poseffite toi prevent teeas' &oan emoking. In my opinion, this wn and should be besc haadted by State aud Local gavmrt~ats. Our maaufaemras have iudicatrd ityeirw[ilingieea to coopierata invesy active pvgraats to caub teen mmoldng. I still believe that our local programs can and will be more e Iffech've than.thoeo initiated by the FDA. We do Imow tliax some aati-tobefca forcea wou}d 1tTro to comglctely ban tobacco producis. We lmow from oq®rienca that this would &iL adulm-adll have the right to uae tobacco pcndixts just as they have the right to make other cboicos govempng their Gfestyle. There atn apprmdmataly 50 million Americaa adults that aaoim:?fhis ptuposal is aa obvioos attcmpt to maka our amokets . feal liko second claes citiztat. They as ai grovp contrsbWe mott than $12-4 billion m Fedeial, State aud Municipal taxes in the fiscal year ending he 30,1~94. They are indeed making a substantial monetary contibuIIon to our tax base. , Finally, the growing, peooeasing, ~manufacturing, and sale of tobacco is terribly important to the ecommy of the entire Soa h°^t-mpoction-of the Uaited Staraa. This proposal will obviously hurt ttris vital economic indusuy: North Q'.acolma;would~ be the State that would suffer the ]srgast economic lose_ I. I strongly urge you to leave theae~amns.up to. tatca and L,ocal govazffienT. I think your resovrces and people sboulld be utilizcd in t~pgrsding~.o~ food and drugs in this country. I Cordiajly, Iames PI cnaham Commivsio=

The FIIA propaaes to place un reCOdented restriCtions on tobacco promotion on~r Clritdren~~Poo~a~tho4 &~Ac$ed evs7s oP tobacCa ladverti soas oi ~~peech will protect u~g persuaded that tobacxo ~ is aviL Coattary t4 th. statements af tho F'DA, no oae has been able e zperiaace, it is hasd to pareuade a ebild to do anythiag that he does not wan to show 13~at advastissmanta induce children to atart~~~ Tn my t to do, and .nm ha:da~ to da him not to do somathing that he does want to do. A~o ~m ~t~ ~~~e~pr:mary in£luenc~s oa a child's decisioa whether to 8ecausa theyroposed advertfsiag regulations will reduce adults to seeing only what FDA deems fit for children, they a:v unconstatutioaal. The FDA tries to provide policy arguments in support of these unconstitutional restrictions. Let zne address two of them. 1) According to the FDA, because the tobacco industry voluntarily adopted a ban on billboards within 500 feet of schoois and playgrounds, the proposed regulation banniag such adv within 1,000 feat - including s:gns on retail stores - is "reasonable." 60 Fed. . at 41,334. This reasoning is flawed. Under the Constitataon, a restriction on commercial speech must be more tha'a merely reasonable. 2) In support of the regulation requiring "text only" advertis~i~ng, the FDA obeerva that children like colors and pictures. 60 Fed. R.eg. at 41,838. This is not a novel idea. Companies often use eolora and pictures in their advertising because peeple like colors aad pictvres. The key qusation, howevcr is whether adding colors anflp~cturoa to tobaCCO advertis~ng causes children to smo~se. As I said earlier, I simply do not believe tktat it does. Removing the color from tobaxo advertising, howeverf may prevent tobacco coaipanies from aChieving the stated goal of advertiemg, namel k n~ their adult customers loysl and entia adalt smokers of other brands ta swi~ Thus, the EDA's regulations couId effectigvely stamp out competihon in a free market and &eeze the marketplace. Xhia is not a legitimate The FDA apparent~i does not care whether the proposed advertisiss~ restric tio wi11 do at royma atroy jobs The FDA states that the "impact of these restrictsona on the varion$ advertising zaedxa and agencies is diSicult to determine." 60 Fed. Reg, at 41,369. Aocarding to the FDA, the tobacco advertising and promotinn buainess ~enerates $6 bilhon in annuel expenditures of wbich nearlay $2 billioa would be see ms obva~t ua th~at t~he" k~A should ot~xz~eddle with aosuc ssful g bdzlelio~~41' it industry.

q171570()

-CrTY OF KINGWOOD n HdMF: UF'IT'1'S HUCKW'I-IEA'I' T•M$i'1vAt.- .p.~.aoaw~w,.r.... i35 C. I•CIG}i 9: MET KI:VGiWOOD. V(/HST VIRf.INTA •da9557 (304) 339•l225 (304) 329-I241 EA.X (304) 329-12?.9 Doclwc l95N-0253 and 93N-02S3J Uockat 17anagaaent Sraneh (HFA-305) Food and Drng arJminiDCrFttors Rcom 1-Z3 12420 )arkisJm Driva &ockvills, CID, 20857 ::ov.mbmr 17, 1995 To V4071 it maq concern: An mayor of the City af Kingvood, Waac Visgin1a, I.m .rriting to prc-est tha F:~A'a propo.ed r¢gulaeions reaerlccing chc sale, discrihuelon, edvartlsinq, and promocien of cl8aratss and amokeLeas cxDacco praducta, :e a bl.atnn' peuer gra6, cha FDA is actempring to f~deraiize the Sayue of '=ue+.. accusc to tobacco products, an issue over vhich states trad2tienallv h<v: axprc':yad sovaralg0 authority. `de have pasaed iegislscion in West Vixgiaia eo deal vich youch aaceac co cobaceo produete. ThD propoa.d reg•slations p1aae huge and un:al~ burdens ns, tb= busi,-.aee camtunity. Thene ragulations will cosC jobs tha: ve de;perateLy n®a,i ;n Uwvt Virgin_a. The prnpo5ad regulations aliouid b* vic:dra:m. rn. -+P youth accaa to cobacco products should bu :cit tu tho statas. Sinoorely, Fred C. Peddicor3, III

STATE POLITICAL CONTACTS STATE ORGANIZATIONS Completed Activities • American Legislative Exchange Council (ALEC) adopted a resolution which called for reform of the FDA and includes a criticism of FDA's efforts to regulate tobacco. The resolution was sent to all Members of the U.S. Congress. • Southem Leadership Conference passed an opposing FDA regulation of tobacco. Ongoing • Additional allied organizations and businesses will be encouraged to comment, prior to the close of the comment period.

shall knowingly a[d, assist or abet any other peraon In be guility of a misdemeanor ptwlshable by a fine not imprisonment for not more than si: mariths, or both. A product mcanas ((1) looee tobacco or IIat compresned ca In the month•or shredd, powered, pnlvetlzed tobacco ehewed; or held itt the moath. (1891, ct 276; Rev., s t~ 1991, e628, a.l.)° I straagty+ suppot'tthe effortstn ceb sapport to more eafmcemcot activitias to catay o~ the fitlL ' g such articles to such minor, he shall to eYceed IIve hundred dollar (5500.00), used [n this section, "amokelesa tobacco of tobacco that may be chewed or held t may be Inhaled through the nostrils, . 3804; GS., a. 4438; 1969, c. 1224, e3j smokong. Qur govanor has also pledged his 9-9 oftiu law. The FDAwoaiddaimno dovbt, that ar stam hasdone an adeqttate job of enforcing our yotrth axess laws. What we have tried to do is en~ee that the liamied supply of tax dollars in North Carolina is used as wisely as possible. We have tried to give yotth:access io tobatco products its due place in our daily strugglc againsttobbay, anader, tape, AIDS, ~lmmeiessness.Meraey. poverty and despair. Unhl`m the federal govctmnent, however, we have to live within a budget We m~at make hard decisions on how to spend our money. The FDA does not have the authori~ to oveaido thq se decisions. In my view, the basic'yonth access"! p:oblem is to enforce the law agomst sale af tobacco to minota. Does the FDA have a sohtfion? No, Mdoea not. It " would federalize the issue by making it an offease to fa to check a purchaser's +en*&a*on (S 897_ 1#a)). State law almady makes it an offense to sell a tobacco prodnct to a miner. A c1eFk canlobay tita t state ]w aoty by checking identification. According to the FDA, however, most clerks ignorc current law and do not check idcntification. The FDA does not explain how fedettiliziag a widely ignored l1w would solve ~bt ``jouth access" problem. The FDA proposes to require tobacco produet m~ nfacturets to "visually inspect" stores and "ensure compliance" (S 897.12(b)). When th'e mannfactiuerfind displays, advertising or other items that do not complywith the FDA's regutatious, the manufacrorers must;remove them (S 897.12(a)). The FDA would side-Step traditional enforcement ;nd deputiu tobacco manufacturers. Employees of the manufacturers would spy on retailers and act as jtdges wo enforce the law. They will be permitted - indeed required - to remove private procettv from retaslSto{ es if they conclude that the property violates the proposed regulations. There is no prov~sl2on for trial or due process. As one of the people responsible for executing the laws of N.C., I do aot have the kind of swdeping authority that the proposed regulations would confer on tobacco companies. In fact, under our Coystitntion no one in this country may exercise stich authority. I, There is, in my view, an explanation for the FDA's ' ttempt to make the tobacco indo.ury enforce the proposed regulations. The FDA knows that the federal ~overntnent does not have the resources, the manpower or the inclinatian to police tobacco retailers. Rather than petition the Department of Health and Human Services or the President or the Congress for funds, the FDA has imposed a hidden tax on the tobacco indnstry. J . 2

Kent Munhur,. L3imxiC A Iuar, Ilrwiduiil Vin Presllleu' lem I P-OSxr Rich+nl6 U,ai~. will~ 1'i,xrr Ir (IilrUlU I PeIeI11Jil kuu.Id U $m1d4 November 16, 1995 ~ , ~, ~~...f Levy Court Docket Nos. 95-N-0253 and 55N-025.'.l Dockets Managpmant Branch (HFA-305) Food and Drug Administration 12420 Parklawn Drive Rockville, MD 20857 To whom it may concern: <Id Federal Slrec: U,w<,, Delaware I9901,1b1~ 1Handictipped Accniiblel (3021 ?36•2(*) F,r. (wz) 'a6•Yr'u As an elected county commissioner in Kent County, Delaware, : am writing to comment on the FDA's propored regulations re,at.ricting sale, distribution, advertisiny and promotion of cigarettes and smokaless tc.acoo products. Firsl, I want tv specificaliv ~tate that I do not think the FDA has the legal authority tu regulate tobacco. My response herein does not mean I recognize thP FDA authority. Sec:,nd, I want to be clear that smoking i=, an adult Choice. Delaware has taken many steps to try and curb ahildrer.'s arr.pss to tcbacoo products. I believe there is moro the State can do, but that is the State's decision. The State of Dclaware is currently considering even stronyert laws limiting childrens access to such products. 'Phe FDA i,roposes to place unprecedented restric:tions on tobacco promot.ion and advertising. These restrictiun, would ban outdoor advertising wit.llin 1,000 teet of playgrounds and snhools: limit other adverti:5ing to blackk texlL on whit.e background except in so- called adult periodicals; limit logos and brand names on rac7.e cars and driver uniforms; ban Lhe use of brand names on non-t.obacCP products such as shirts, cap5, and ban brand name event spnnsorship such as 'Jirginia 51ims tennis tourna:nen:U or 'Hinaton Cup N~scar races. "Serving Krnt Counly W ith Pride" County

Dockets Managemant Branch (tiFA-305) Food and Drug Administration November 15, 1995 Pagr 2 The above restrictions are clearly a violation of our constitutional guarantee of freedom of speech. To justify the proposed restrictions on commercial spcech, the Supremp Court would require the FDA to demonstrate that tobacco product advertising makes minors start or continue smoking and that restricting such advertising would make them stop smoking. Edenfiald v. Fane, 113 S.Ct. 179Z (1993). I submit the FDA cannot meet such a burden of prQor. I find it very disturbing that, relying solely on the President's executive authority, the FDA would even consider placing such unconstitutional restrictions on frep speech. I would point out 'that I do not smoke nor does any member of my immediate famiiy. Kenl County, Delaware does benefit significantly from two Winston Cup Nascar events annually, and 1 stronuously object to the FDA trying to undermine a very sueacessful commerciol operation such aa these races. Sponsorship of such events is very impurtant. If sponsors are lost, a significant economic impact would be fe_tt in this community. I urge you tu not overstep thc bounds of proper executive branch regulation, and proceed to cause scrious economic damage to communitiec and industries that need such tourism evPnts. in summary, I urge the FDA to withdraw the proposed regu7ations. The, violate the united State Conztitutiun guaranr.ee of free spec•:ti. They are cleuily overreduhing by a regulatnry nuthorit.y. Very truly yours, . ~~2 bnaldtx' Smith cummissioner kx:: : c;nbr; P> > r A. i+edrrond

2. PROPOSED POLICY POSITION ADOLESCENT TOBACCO USE BACKGROUND There is unanimous agreement that children should not use tobacco products. Every state in the Union already prohibits the sale of tobacco to underage youth and tobacco is already under federal scrutiny by at least I I federal departments and agencies. Congress has for 80 years refused to give FDAjurisdiction over tobacco. Many southern states are heavily dependent upon tobacco tax revenues. This agriculture product is the economic base of not only the farm community but of the businesses, towns, cities and schools it supports. ' FDA regulations should be reserved only as a last resort after states and the tobacco industry have the opportunity to enforce present legislation and introduce new legislation to address the problem of children using and having access to tobacco products. RECOMMENDATION The Southern Legislative Conference urges Congress to seek sensible solutions to the universal concern over youth access to tobacco products. In seeking these solutions, the Southern Legislative Conference urges Congress to restrain regulatory action(s) by FDA of the tobacco industry. States should have the opportunity to enforce present legislation and enact new legislation to correct the access and use of tobacco by minors. Adopted by the Agriculture and Rural Development Committee of the Southern Legislative Conference. Sponsored by the Representative Adrian Arnold, Kentucky, August 14, 1995.

DATE ADOPTED: May 2, 1995 HOTION: Commissioner aacker SECOND: Mayor Durham , VOTE: YES NO Commissioner Hacker x Coaacdssioner Jones X Commissioner Robbins x Commissioner Tobler X Mayor Durham X Attest: Zf-11 e C"-'-~-_ Mayor

-a V (n ~ O V

columbug October 30, 1995 Dear Ohio ALEC Member. 43266-0603 As you may know, during the 1995 American Legislative Exchange Council's (ALEC) annual meeting in San Diego, President Clinton and the Food and Drug Administration's (FDA) Commissioner David Kessler revealed their intention to assert federaijurisdicdon over the sales, promotion, and advertising of tobacco products. This letter is not about tobacco. Nobody disagrees with efforts to keep tobacco products out of the hands of minors. My concern, however, is the federal government's attempt to once again, subvert basic principles of federalism. While the feds give back certain powers to states with one hand, such as our ability to regulate speed on our highways, it attempts back door strikes to take additior il power from the states with the other hand. In short, the Tenth Amendment to the U.S. Constitution is still being ignored by Washington. What really causes me great concern is that the attack on federalism is now coming from an un-elected agency department bureaucrat. namely David Kessler. During our ALEC confetence, the Health Care Task Force passed the enclosed resolution calling for the reform of the FDA. Specifically, the resolution states, "Repeatedly, the FDA has fallen short of its own guidelines for clearing medical devices and new drug applications for sale on the market. This, despite a FDA staff increase of 449% since 1960 and an annual e oss budget authority exceeding $935 million. Regulatory delays are forcing companies to move their innovation overseas to countries that have regulatory systems consistent with the rapid pace of innovauon." The FDA cannot handle the job it was meant to do and now it wants to erode the resources in order to enter into the tobacco control arena. Our colleague, Rep. White, introduced legislation (H.B. 299) aimed at addressing the ,vouth access to tobacco issue. We can clearly send a message to the President, FDA, and any other federal off cial who cares to listen that Ohio can and will face this problem head on by passing H.B. 299. We can send a message to Washington that Ohio does not need the intervention by the federal government. We can send a message that the Ohio Genetal Assembly and the peopie we represent firmly believe in the Tenth Amendment to the U.S. Constitution. The FDA has a comment period in which interested parties may comment on their proposed tobacco rules. I am sending my letter in strong opposition as has ALEC. I hope you will consider doing the same. Please take some time to write the FDA defending Ohio's right to govern itself without additional federal intervention. I have also enclosed instructions for writing the FDA on this issue. Please do not hesitate to call if you have any questions. Si erely, V O6 achtmann tate Legislative Chairman cc: ALEC National Chairman. Sea. Ray Powers Governor George Voinovich 3•.193ai

~ ~ Ui V C Ct.

~ ~ N µ Ll J µ O

FEDERAL POLITICAL CONTACTS SUMMARY OF FEDERAL ACTIVITY The Tobacco Institute (Tn has coordinated federal political activities on several fronts relating to the FDA rulemaking. Until President Clinton announced the FDA's proposed rulemaking on tobacco in August, TI was coordinating a concerted effort to prevent the Agency from asserting jurisdiction and promulgating a proposed rule. Once the FDA issued the proposed rule, however, our strategy changed. Our first challenge was to educate ourselves and our friends on Capitol Hill on the elements of and justification for the proposed rule and its potential impact. We have made a concerted effort to generate comments from Members for the FDA's docket. We also have had to play defense. Throughout the year we have continued to work with Members of Congress in an attempt to pry loose from the FDA information on the tobacco rulemaking activities. The major activity underway now is scheduling in-district visits during the upcoming congressional recess with key Members.

ORDER NO. 95- 45 AN ORDER OF TEE CITY OP RICffilOND, KENTUCKY OPPOSING IINNECESSARY 7iND EXCESSIVE GOVERNMENT REGULATION OF THE TOBACCO INDUSTRIES. , WBFRF.AS, the farmer has been the guardians of lands and waters since the conception of this nation, and WHEREAS, the United States En.vironmental Protection Agency is directly and indirectly causing undo hardship on farmers through excessive regulation of the agriculture industry, and WHEREAS, theEiaited States Food and Drug Administration (FDA) is consideriag further regulation of tobacco that will be detrimental to the crop's future and the economy of tobacco producing states, and WHEREAS, Kentucky is the nation's second largest grower of tobacco and the nuawer one producer of burley tobacco, and W3EREAS, one in every eleven jobs in Kentucky is generated and supported by tobacco, in that, it is grown in more than ?0? of Rentucky's 120 counties, and WHEREAS, in Madison County farmers raise more than 10 1/2 million pounds of tobacco each year, creating over 10,000 jobs directly related to the Madison County tobacco industry, and WEEREAS, Madison County's tobacco crop generates in excess of $20,000,000 a year in revenue which contributes substantially to the health and welfare of Richmond's and Madison County's economy, and WHEREAS, further regulation of tobacco through excessive and arbitrary regulation of advertising, production and distributior. would have a devastating effect on the Commonwealth of Kentucky, the County of Madison and the City of Richmond. NOW, TEEREFORE BE IT ORDERED by the Richmond City Eoard of Commissioners that: SECTION I 1. Kentucky Senators Wendell Ford and Mitch McConnell and Congressmen Edward Whitfieid, Ron Lewis, Mike Ward, Sim Bunning, Harold Rogers and Scotty Baesler are encouraged to work diligently to oppose additional legislation which will eacessively and unnecessarily regulate the tobacco industry. SECTION II 1. This Order shall become effective immediately upon passage by the Richmond City Board of Commissioners.

Resolution Calling For The Reform Of The Food And Drua Administration WHEREAS, better health care for all Americans is a paramount national goal, and one component to improved health care is the deveiopment and approval of safe and effective new medical technology, and WHEREAS, innovative private sector firms in the medical technology industcy have research underway that is making significant advances in the practice of inedicine. and W$EBEAS. new therapies derived from medical technology :re improving tiie l:ves of millions of Ameticans, and with meaningfui Food and Drug Adntinistruion (FDA) reform, could significantly reduce health care costs, and WHEREAS, minimizing delays between the creation and eventual approval of a new product derived from the genius of medical technology is a vital public health goal, and WHEREAS, the competitiveness of the United States bio.echnology, medical devices and pha...?ceutical industries is dependent on bringing products to thC market quickly, and WHEREAS. repeatedly the FDA has fallen short of its own guidelines for clearing medical devices and new drug applications for sales on the market. Tbis, despite a FDA staff increase of 449% since 1960 and an annual gross budget authority exceeding $935 million. and WHEREAS, regulatory delays are forcing companies to move their innovation overseas to countties that have regulatory systems consistent with the rapid pace of innovation. NO W THEREFORE BE 1T RESOLVED, that the American Legislative Ecchange Council (ALHC) strongly urges Congress and the Administtation to reform the governing statutes and operation of the FDA this calendar year to ensure that health care products can be brought m the market as quickiy as possible while preserving the safety of all Americans, and BE IT FURTHER RESOLVED, that it is imperative that the federal government be responsive to the changing health care market and ensure that the excellence of medical innovation in the United Statts is maintained and BE IT FURTHER [tESOLVED, that a re-examinadon of the policies and procedures of the FDA is necessary to facilitate better and more raoid acceta to new themoies and cures, and BE IT FURTIiER RESOLVED, that even with the acknowledged regulatnry obstacles and bureaucratic foot- dragging by the FDA, its current attempt to enter the tobacco controi arena. an area already regulated by l3 federal agencies. departments, commissions, and agencies and 138 offices and progtams within those federal agencies, would continue to erode vital tesoucces intended for dte job FDA was supposed to do, and BE IT FURTHER RESOLVED, that the FDA should be denied power over any information-disseminating activities of a pharmaceutical manufacrurer to the extent they concern cost-effectiveness comparisons between FDA- approved producrs.

 November 29, 1995: Senator Jesse Helms (R-NC) and Senator Wendell Ford (D-KY) sent a "Dear Colleague" letter to Members of the Senate urging them to sign a letter to the FDA docket opposing the proposed regulation of tobacco products. Their letter is being circulated among senators for signatures. • Reps. Richard Burr (R-NC) and L.F. Payne are circulating a similar comment letter for signature by House Members. • Some Members of Congress will send individual comment letters rather than sign a group letter. Representative Thomas Bliley (R-VA) and Senator Don Nickles (R-OK) are among them.

FEDERAL POLITICAL CONTACTS POLITICAL OPPOSITION TO THE FDA RULE • The Tobacco Institute and member companies have encouraged Members of Congress and state to officials object to the proposed FDA regulations because the proposed rule constitutes an usurpation of Congressional power and is beyond the jurisdiction of the FDA. The following progress has been made:  December 16, 1994: Nine Southern Democrats wrote White House Chief of Staff Leon Panetta urging the Administration to ensure that the FDA complies with "what we view as the clear terms of food and drug law, long-standing and consistent precedent ... and Congressional intent and acquiescence" and not attempt to assert jurisdiction over tobacco products as currently marketed "absent the enactment of new legislation by Congress."  June 1, 1995: Governor Jim Hunt (D-NC) wrote President Clinton expressing concerns that the FDA "will move soon to regulate tobacco as a drug,>  June 1, 1995: Senator Ernest Hollings (D-SC) wrote Dr. Kessler saying that makes clear that the FDA does not have jurisdiction over tobacco or tobacco products.  June 30, 1995: Lt. Governor Paul Patton (D-KY) wrote President Clinton explaining his concern over the effort by FDA to expand its jurisdiction to cover tobacco.  July 13, 1995: Thirty-eight Members of the House of Representatives wrote President Clinton expressing concern about Dr. Kessler's recommendation that tobacco should be regulated. The letter focuses on the question of FDA jurisdiction. • July 27, 1995: Gov. Jim Hunt wrote to Leon Panetta following up on a meeting in which the FDA was discussed. Gov. Hunt emphasized the economic impact of tobacco to North Carolina.  October 3, 1995: Fifty-three Members of the House of Representatives wrote to Dr. Kessler requesting an extension of the comment period on the proposed rule by 90 days.

TAf Yan4lF5Sa taoa 2. naaatta Dwavbar Sb. 1094 4aYS 3 Last, btt by no maws l.rst, A& I" s.Qairas that the 7DA await eoaNras.ioasi aetioa under cb.a aireuiYeaaoas. Tha aas. Iaas ie sYear thaa Caxrsuionai aaquiaace¢was in an aQaao~' a ~esp ion oL a statuGa cosssitucn a al.ar y~taaumpC ea oC i~iyial;~tilVt intaat and yeeventa the lDJ1 lrom ado9bw e/ s aw ~LaAdard of }IfriadiGtloa Yjj 9 ef nay Swei.a1.eies b.. !so ya, pp~ fearf~ ~~aj ~Lrefnae. 4YL V.i. 2i7 1l441. omgra.. Aas spok.a, the caurta have aDdcw aad tor aiqht dsasdM, up aad until v.zs~ r.eaatly, the 1~A~, and av+a the eutsYQSt fD1l CoIDeda+iioaar Siausit nas .pokea--ans the masoaQe is a elsar and oaasi.tmt oa.: Oa.lp Coa,rrau has tha pans to•-aaa only Cea4 rsss shoul4•-d.cida vt.ath.r to ehaWo Rbs oMsabaasiv. sohaaoa 0t i'syulLtiap tobtCCO products, YhSEh aObodias th6 polioy that the l011 ha~ no jarisdiotion owr tobaaaa yrodidts aaaant th.rapautie elaMs. Na aWeat tnat the Adminiatration rill aoatirme to r9ap.ct Oeaqrap' prOrepsiva to strisa A balamee aeoa# the oompatiaq and itvarrant iatar.sts iavolwa har., I

*ha mW appav to be "tauofrWs" topWedoe la W#Wnpton cam bo pwfel.fly wbo eirsw deayty obeut individuti AmatORnr amd who vdva dblt hat wat, of Qssly daiwdoa Wboova th.lr po!{ilo#1 vbnd, shw Wew ihu yea ruN it to qtOW pooPle Imd thdrlYmllle.r bo d.y look to you tar und.ntsadin* and m popb dwrve lklr UWaAM nom thdt aovatunaK` 7Uty daKrvo the utanrwo t~:eyp~ltpy ur to yivo aaelouo ~mid*w&flai so this lttae ~ad qqa ! t wiU ~ a hndNa" ltnmwld l4dqs wi0 aM bo J.ctmdla.d by uwrr..lons natdrton, p I aI o~ rpp~aalid.ly ~ f-- I ltisawdry wUi tea P lfy vwunurt sanonl c..rtd.. I Rhm.r.ly: hmw a. !{mas Jr. I

I w. wwor. .~,r. 4AM G..R[1i ra.wa....n.. O11VR.rR+YR n1.1KMyE canQrros ot t6e anitcb Iptaro *Oqaie ot lqrrpcntztiba( p0oe,ttbor 16, t494 'Afa Venamb3s r.wa f. 9aaetta Chit= ot gtslff lirst rioor, Ksst xissq TAs Ubit. Yeus. scoo ?et1piy1vaII1a a.vaIIUa, Y.x. ras"tan,. a.e. zosoo M~.... ..Ka+ar ~sr -sq lo..uw wwa,rn.nrw r.w~ •WOMOMF.rn.fu .,awrw. Dear r,aws tta are xriLinp to stsonQ ly urqe that tho Admlaistration taka the proper staps to aasur that the Food ind DiUS 1dlRitistration (rm)--aa agrnay that is acoouatabls to the 1+reideat--ea.p Sy with vhat•a/s vier as tlw nlaar teras os the lood aad drug lsr, loaQ-sban0ir~ aad eoasistant yr.csd.at in this aa.a an,C Conprsssioslsl intant and acquiascsnce. '1'hsss authoritias, co~yl~Q rith osrtaia spsalal tacts, maks clear that the aM has uo iaqsl authority to sssest jurisdictica wes tobecoo producas atYkatad rit7xout tberapantic claims, 5h.ant_ ~•w _~s±,~{~ ~ a~ w 1seisl+aimsljy CMv ... These =acts ara, lirat, that coagress has rnsrv+.d eo itsel!-•aad cartaia specified ag.aciss othss than tha fDR-- ssclYSiw aut}writr over tobacco psoduars_ seooad, tha VDi ^rppatissionsr hiara1f has pub1icly rscegaisad the need for oimqresaional aotioa in rssel.+iaq tho rV8's roie ham, aud has rdpsatadly.soiicitad 'cl.ar direatioa' rr® Conqrass in this raqaa'd. Tha TDA should therefore haad its wat usrds aad let CWz+ss provide the prop.r yoliay directioa, aa ths law dictates and eouad public poliey.•r.gulsae.- xa sse sort{}'bpiarf.Rprist sulomary of the authorities azui facts that support this caaaluriaas. lirat. Gedarsl poligZ Qu th..r.QUlatioe of cigarettas has ba.n clear lo7C 30 ysam coayrsss has rasozvsd to itsalf the major poliay: daaiaions abo+.t cigarstt.s. Aoeeraicgiy, aoy acticw 'ia tkis sensitive sad Ca++plaY arsa must be rqarvad for specific Ceapcwsiomal action.' a. n.p. aa. 351, l4th Coas., 24 sNS.. 43 (1f75). Coa~Qras ahosa to establish a comrehans3va ieqislatiw schstns ta daai with tobacco prodnctr•-a schams that 4aa bsan reaoe.icbrsd .aay timas. Y.t, this tram.+rork has oasuistaastly

'13e Honorable William J. Clinton 7uly 13.1993 PaQe 2 Mr. President, we support the need to eiiminm tobacco use among minors. However, we believe titet private secmr inidadvea over the psat deeade, including some sipnificant steps iaitiamd Lat mand4 combined with waa mmimum ase laws that bave been adopmd by all 50 saxas obviate the need for any acaon by the FDA with reapecc to oobaxo`relaoed producu. Tbese and other efforts have conaibuoed to the documented decline af more t6an 10 percant in youth smoking between 1989 and 1993 (Center for Disease Contro11993). We urp you to reject the Cemmiuioaer's praposai immediately. Sincerely, CharLie Rose t Ed Bryant .F. Pay D axbYl dhamoliaa Bobby Scott M ck X:ngqt= ,r SCTC4/(A(/.Le ~71 a Bunning f-~ . Jon.

StAYE pM NQRTIf OAflOLiNA OtMtOr qP TO dOYqINOR h"OM tIW WOCt ,MMN MO.~M~T ata. 11110 11 19941 ! wat to aall your ntondou to aD imporWSt toeuo lbiny thousenda of people !n Natth and oltw 8omhm stnw w~os. Icom.a dspsnd on wbsue. ~s ers ~au1y ooosemad by mports ttut tbo>Rood tuW Prap wdnst>tisueClat wUt movo soon ta t'e~tdne teb.ooo u e dtuR t epps.t to you a ettondty u[ aut to paym t the FDA Avm t~tttn~ q~le un61[. urQttsliflld Imd drunt~lnp sotlen , ~; F;DA's etquwry su0todty k tske ew1 s eolp b vst'y Quos4lvtublc. 8oyond thn, ttow is whsn eo ept+nay of thn ulminiefletlao elwu9d be spertln0 euolt swespin0 tspuiatoty My eonomn is bolahtmed by repaets ttaa tbo FDA Is ovndaotirtg a luevyMatded aad iqvostliµtioa of toMoco ptoduota t eat told dtat this Iavoived+oms $0 nnptayeee, tatiytl ~ ijcluQi,n oti»dnl ievroedWtars, ud ttyt people 3nay sirto h.vc baa ntbjected to ' ittle Ie eontrary to oad, lata.otght vliits fa t}adr 1wm by atitdu.! Invooslpuore. aylb ttut ymrc.dreirdetrarion euada Ibr, sod me.peaoy nude to be fer taoro NuuWve In Mt W Wt<wId N aoY+xna+eet hrrmssf. I 4,tes, ! muu poiat vut th. entnsadau eoaiomb.axl.ty ttut the propaeod oldttotte tax iqaraqo causad smood poopie In Nonet Cerollw sad tlrs Owth duday tiu peet two yan. 11110 ts o» I e poUticst Issue. tt Is sbott people who vmdt had on hrms, In tiwtorler Kud our eaacamy. It 1s about thdr etrWq to msln snde mat ettd riIN thele tfntitiaa and e/ottrt eooaoaclo l4tturs. I

t ~~F,~~NNGn5 'aTtli¢d j5-C6Cs ~5f118te CNWRHN! Su/AO14F, SCIENR. NNo w+wrnu}~elv, avpeHSe VlYTM MG ruA1M `+V~~.`L4, ~•Fn . 1~35 RUSSF4L 0flCE BUILQMCi f°~ E.enm ~ee r.Mrtn 9lur i a~weu, wsnirvsroK bC xasto-Raw 202-22a-0t?l a1.00cT p(•/r1pG116TiR: hoLGY COMM~TTE` Jeinrt 1, 1995 vlpsserlemlwl.aevseva0s+•T NATiaNAL OCEiV roLC a'NPV u:rvin 4. xtysler, 14- A• S]nmmissionor Food ilTl[1 LllXu'({ naminictror.ion 56I)I] t'iahr.c'a Lann kna:kvillv, MO 20857 Dear Dr. ICRerslHr: I resccnnt1y read tn the enclosed NcT+ York newsdav artiaSe of your con.manCS hetore t.1u: t5elumb+a University Law School that ni.evL•in4 addic:t.ion is a"pediatric cli8ease." tn addition, tha ar.tir..L® notaa thaC. '•insidwre" say yan temain intc:nt on raqulatiny t.oUaar.o as a dr+tri, perhaps », early as this manth. As I noted in my September 7, 1994 1PtCBr to yc„i (to '+rFich I riie3 not reeeivc a raply), thR FEx7Rrai. Druq fidminiSCraLi.csn does -'not have the auLhorit•,.y to rognlate Lobacco, In fact, such authnri_Ly would have to hc+ legisiated k~y the House and SenaLe and vpproved by the Pr,esident. The Congress has chosen i:u yet pol.icies govorning tha growing, sntling, mackel.J.ng and taxing of tebacxo. I1 the Congress choos4s t.n speak regardi_ny a role fur Lhe rDR, you wi11 hrve ampls: Oppqrtuni.t.y r.n provide yc3ur input. c}t'tLil tharr t.imu, I i.xpoct yuu to tc3pond to tshct poi.icixv sYt by r.hr Conqress, nuL the nnzs you would prefer. wiLh kindy.yt reyard:, I am GfIi/mf oc : 13onorab7.c Donna Shalala Ns. Leaii i'atcet:ta PIlIHFO OM aat.YC4C MTLM

The ffioaorab:le• L.oa s. paaetta Dees.Lar ss, 1a9. poqa a axeiuded axiy rcia far the fDa :or the very_reason that suah !aa rsqalatioa oL tobao00 psoduCts r+ovid ily in the sace of this aarOluliy Urattad a+ss oamQr.haasivt .eh.m.. seccad. Con9r.asional iatant in this area is most vividly damos.trataa th. Literal tesms at the good saQ druq statute, its loag-at internratstioss and application by the iG11 aad the courts, .wd ioasl acquieseaaos ian this intezpsetasioa. /pecilicaliy, under the food and druq statute, the 1D)1 caa raqulate a tobacco yroduat as a 0druys ooiy if it is .oid with aay eiaimad thsrapeuti8 or bodiiy banelit. for mora tban 10 ys'rs, the PM (and its prrdeasssor agenoies) haw oonsistsatlY taken this position, istsra.liy, beiore Congress tad betoay the eourts, and the oourts haw uph.ld the a s interpretatien. $n gt• I ~ ea  nna¢~ }f~ ir ~7~faYtYai, 633 i.2d »f (n.Q. Cir. i9lol. AaY accioa in this area by Coamissioasn zasslar would reprs.ant a radical d.parture lsm thsre preoad,tnta. Congrsssionai aaquiesasnoe is demonstratsd by the fact that desptte at least i! amsnderats to the tood and drug act, Coaqress haa nswr ovwrtuled the !Ls<'s loag•standinq interpretation t5at it laoks jurisdiation owr eiqarects.. Coaqrss also has os aunsrous aeeasious rafuNd or Pailsd to saaat legislation to 43v. fD1l this outlwrity. We point out that thew Laets aze not oniy iaportaat insolar as they rstleat Congressional vili with respect to pubiic pollcy in this ar.a, they aiso are significant a a uMtter of law. ns the United Otatas supreme Court has statsa: •I01nca an agaaay 's statutory cocatructioa has bssa 'tully brouybt to the attsntioa at the publie and the CoaZpss,' and the lattsr has aot souqht to altar that int.rpretatioa =aysCT.d, than prssueWoly G e aq s at ve iatsat has -beejr aorseotip diecsrnsd. 4 .- at"u v_ i• k.rie~, 44? U.9. $44, 584 MAO {197d) (s7[~Maiis added). Third, any shift in the 8Da' position on tobacco, by the 1rDa's ovn aaYnovl.dq.msat, rsises ksoaietal issnes o! Qrett aousaqueaoe aqd sagifituda.• (Latter lrom Dr. [essler to co.11t1oa on smokiaq Oa aeaith ICOtx). =•it-!4.) policy dsci.ioas oi this .nqaltuds should be eada onLy by elected ottieiais, and not by nonelsoted hursaueraGS. Dr. lessler appsased to teooqniaa this rhen he rapsatadly askad CotQress for ~u3dance aa,dp1 adged to 'vrork Yith Conqriss to resclve• this iaaaau tCOtS["1lttar, a-7b-94.) Th !D1 shwlld, acaordiadly, honor it. aoQecd.tment.

-o ~ ~ ~ UI V N W

The Hoanttbia W iIliant J. Qinton Iuly 13. 1995 Pagt 3. Bill Hatn Bart Gordon a lY. Clayt ~~ Caaa H lllpqer r J CharliR lyw"xaod D undarburk Peta Pot.rion Lindsay Grahyp - Fr.d Heinaman Jamea e. C1ytArn ,, Earl F. Hill4ard vmW B.nni,n G. ThommQn HNard C Mike Ward j RigJf, Boueh.r Bob Goodlatte Bob Clement

Congrtss at the Initeb *tates *oue ot Rept2sentatibac Uto4tttstan, " 20618 July 13, 1995 I1te Honorable Williim L Clinton The Whim Iioaee Wuhingma D.C. 20500 Dear Mr. Ftraideat: We am writing to expmss our deep cottcarns over reports that the Commicsioaer of the Food and Drug Admiavttatian has tecomauuded to you new tegtdations goveraing the use and matitsting of tobsoco-telamd producte. It is our understanding that such recommsadadotu include a finding dut tobsem-telaoad products ere aubject to the FDA's regulatory jutisdiction. Initially, we stand firm in our view that tobacco is a consumer product that is outside the jurisdicdon of tba FDA. This view flnda support in the plaia laagtaege of the Food. Drug and Cosmetic Act. its Ion;stattding inmrpretuioa and appiication by the FDA. Congrewional ecquieaoeaa in this iaterpn~on. and in Judidal ptecedent, most notably Ager,,, gn c,,,ni.;,,. and Hea1 t, v. a.'+u. 655 F2d 236 (D.C. Cu. 1980). Beyond thew serious juriadictional conceras, we believe that the Commissioner's proposal rnns ooatrasy to the publie's deep eoocetas about the overreaching nature of federal tngnlatoty agencies. These eont:erns, which are shared by members af Cottgreess and your own admfnintaaon, am reflacmd in numerous meamuu adopted by Congress this year to lessen the regulatory burden on the American people. To initiato new regulations on an already heavily regulated legal product that contributes more than t50 billion to the nation's economy is =mpletaly at odds with the public's well-founded belief that.ve need less gorernmant ±ntr+=•±o** in our lives, not mote. The Commissioner's recomatendadons ara even more difficult to understand in view of the coaai~tent problems that the Food and Drug Administradon has encountered in administering those rnatten which ue under im jutisdlctlon. Esah of us is awam of the difficulty that the FDA has encounmred ia tesdng and approving life-eaving drugs in a timely manner. Moreover, the aacacy shsm the same severe fiscal conaaaints faciag all agettciea of government. Since hia appointment by President Bush in 1990. Commissioner Kessler has spakea of these problems. aiven theee faets, we believe that the Commisaiotxr's actions demon+ttnm a serioua tailure to properly set priorides within his own ageacy. We hope that he will refocus his energies on those serious public health issues that are under his jurisdicdon aad that cry out for publie attention.

0 F.uc. E. Rwrrow 4ax'wrw* Qo~ Sana 30, 1998 C:Gfux.ONNiV T.+ N K[NTI IC.Kv OiFIGE OF• THE LIEUTENANT GOVERNGR 700 C.V.R.L AVeNUi Sura I +•Z T•wwwwd.r, Kr 44360 1 •9476 (15b21 6e+l-75e2 FA]IC (00:1) $d~4s40 Th's Hanarabls Bill Cliaton LxsCUtiw Cltis of the Prseidsnt Tidst ricnr, 9tset Miaq L600 Psnssylvani,a Aoeata, N.N. 'Nashinsborl. OC ZOSGQ Dear Nr. Fr.eidsnti As yiwtenant Ooveraer o! xaatuaky, I have talkad wiah eitirens throughnut ecr state and i am writiaq to you about ecmalhinq that iY ef VStal islportanee tc our people. Yoar hard work and eSForts to promote acaaomie dwelep<nar:t ara soemondabls and yaux NCeess ia lostarinq soanamic ¢rOwth nas aeen tzuly impreaalve. Eowv.r, given your coalsltnent to izproving the acwnoiay, people do aot un4erstand why the Toad aad Drug Adqfnistration continues this erusade to doataoy a valuabla aqrieultural atop and ite related industries. I am deeply concerned by the appio».a taken hy the r.D.A. ee exzadd its jurisdiotion to cantral tobacco as a druq. I lval this repulatory oxpanacn is kwyend the fCCpt ai thr Oa 1urisdiction. and that it is annecessaXy. Tebacco is already regulated by lecal, stat4 and federal lav. attaephs to destroy the tobacco ir.duatry by suddenly classifying tobaaco as a'ruq ehfluld nat be allowed. It will only paoduce davastatinq acanoete napsncussiena. Tobacao is a laadinq soureo o2 inceme for Rsntueky, and it has baan a oainatay of ltentueky'a eeoacmy tor ovlr two handred yeala. The p.D.A.'a qoal of eliminating tobacco does not takR into account tha thousands of people who depend upon tnis caop Ear their livelihood. ?or axampie, 8nbertson County is more eeonamically dependent on agriculture and tobacco than any ether county in Rentueky. The aain source of incoes thia already economicall~y deprived county ea9 la eerlvqC rrdE tonacca. leopla whG ftttoKQ teake a pa'sOS1a„ eheiee, but _nP people ot Robertson caunty bavr no other options. If the p.II.A. is sueoessful in eliminating the tabacco industry, tha citizens of Kentucky will be ssAcially hard hit. Tha overall result will be an economic disaas0r, I urge you to take aetion to prevent thia froas happeninq. I hope you vi31 direct the S.D.A. • to foeaa ite limited rseovreCa on approvinq proCedures for new 1!,!e aavinq drugs and msdical devirse. Thia is thw type of aetivity B F.D.A. wa9 creeteC to Overeee. ppreaAte y ' f~filGsr PauX G. Patton Lieut.nank 6avernor vx.consideration iri this laattar. - ' . AN R_uuay O~N•,vi•run~r. rn.a.~_vran M/rjD

s E.' Clybur Zd SrYant ~ Jack xin Ron Lewis Fred Heineman

The H~onornble ison Panott. P.Y.2 Juty 27, 1945 Looa, sbe QQunes I lid above et.ad on theM owa meth. A. I fndDuted, I will continue to be .n xtive Pauttalp.at !a tbe aaNoaui debate rsgudaa the repululoo of tobasco and tob.coo producb. I want you to know thet I me saoaiqd by'Ilacadsy'..oaount in T9rt WcskFKpCoit Poar. Plaas Imow tfut I.m wllline to xnsit wUh Wa Administration and with the tubacco Indusuy towards ttds and. My w.naest peaorul tepndR , B. ]BH:sh Hunt Jr.

e Myri r~ Ar Franks I_rtaR. Nathan Deal_ it

DaYid A. Kpster. M.D. OaC6ar 311995 Paae S aq y 3aesler ' . Mharlie Rose Bill Hefnar

~lcuted ,5tattz *nate WASHINGTON, DC 20510 November 30, 1995 Dockets Management Branch (HFA-305) Food and Drug Administration Room 1-23 1420 Parklawn Drive Rockville. MD 20857 Dear Sirs: We strongly believe that minors should not use or purchase tobacco products. We also strongly believe the most effective way to prevent minors from using or purchasing tobacco products lies in the strict enforcement of laws already in effect in each of the 50 states. A new federal bureaucracy. as you propose, is not needed. [n fact, three years before FDA published its proposed rule Congress made a bipartisan decision that state officials. not a federal agency, are best suited to deal with the problem of underage tobacco use. Ln 1992. the 102nd Coneress amended the Public Health Szn,ice Act to require each State to develop and implement an effective program to keep tobacco products out of the hands of minors. This requirement is now a condition that states must meet in order to receive block a*rants from Health and Human Service (HHS) Substance Abuse and Mental Health Sen•ices Administration ("SAIMII-ISA"). Under this 1aw. evtv State must: 1. prohibit the sale or distribution of tobacco products to anyone under age 18: 2. "enforce the law...in a manner that can reasonablv_ be esnected to reduce" minors' purchase of tobacco products: 3. "annually conduct random, unannounced inspections to ensure compliance with the law"; and 4. report annually to [-{HS on the State's enforcement acti,~ities. its success, and future strateeies for ensuring compliance with the law.

/ConQress of tfir sniteb Atatto N+4bt3toe. R[ 20515 Octaber 3, 1995 David A. Rauler. M.D. Commitsianet U.S. Food.nd Drug Administruion 5600 Fishns tAne Room 1471 Iiockville. MD 20857 Re: Docket No. 95-0233, "Regulations Reatricting the Sale and Diatribudon of Cigarettes attd Smokelecs Tobacoo Products to Ftvtect Chlldren and Adolescents" (Froposed Rule) Dear Commi-iotter ICwler: It hat come to our attention that the Food md Drug Adtuiaietndon (FDA) haa decided to extend the commrnt period in the above-referenced docket for only 30 day6 • from November 9, 1995, through December 9, 1995. we, the undersigned, were preparing to request that the oeigina190-day comment period be extended by at learat 90 additional days (to at least Febtuary 9, 1996) when we received word of the FDA's decision. Whik we appreciate the exmtuion granted, we strongly urge the agency to teconsider its decision and to extend the comment period to at least February 9, 1996. By submitting this letter and making this request. we want to tsftetax our belief that the FDA laka jutisdiction over tobacco and tobacco-reiated products. For more than 30 years, Congress hat steadfastly refused to grant the FDA authornty over tobacco. Even the FDA has acknowledged that tobacco is not subject to its jurisdiction. The FDA routinely allows mote rime for comrnettt on major regulatory propouts. Moreovcr, the ageacy has allowed more time for cotnmeat on proposals tbat. by comparison. ue leu far-reaching in their cost and latpaet Such rulen+swngn include: antipentpinnti, 180 days (Dkt 78N•OO64); di.par rash, 270 days (Dki 78N•021D); and.unecreen TFM, 270 days (Dkt 78N-0038). And, t,a you know, there ve a number of other recent FDA rulemaking docketw with comment periods as long as 210 days. The proposed rule on tobaceo, by contrast. is among the most complex and far-reaching proposals ever issued. The short comment period granted in a matter of such magnitude and

BTATB OF NOATH CAROLINA O!liOt oF 7Ht4 OpVtlINOR RAt,OtiN tiTe064GCt JAMfaII !t. HUNT Jn. 6OVEnNOR The Ffmorable Leon Penetu Chiof of SUli lo the Preddent 'ihe WldteHowe 16110 lrerwyivanta Avenue WMMagmn, DC 20500 Dear Leon: tuly 27,199s 17tt+nk you for nteeting with me le.t weeE todiieos an issue of tremendous importance to North Cerolina-tobecco. '[!ro iropsotofpoUeydeeidons made by the Wiiltelloose reiating to the totGaooo induetry will have e di.proportioaeb etTact on the economy of North Caroline, regardlese of the oaatre of the policy. As e fblloweup to om meeting, I wwtted to share with you the numtrors behind my ety{umaatl. - First and fonemost the NoRh CYa'oline Depertntatt of Agriculture reports that North C.mlln.'s fitms income was $3.456 bltlbn in 1993. More than $1 billion, or 19.9 percent of all cash receipts to North Carolina famun, ttae e dkeatrarult of tobacco productlon in addition to the jobs created by tobaoeo produetloe, aucQon wsrehousce, and wholesale and retail trade0. North Cnro1(na Is the hotne of rtutnKow oigarette manufacturing plants. R.l. Reynolds. Philip Monis, Hroown and WlUlemum, tmrillerd, and Ugyett droup e11 have cigarette marwfacturing plants located in NorfhCtroUea. Aooording to Price Waterhouse, the manufacturing se`mari diredty empioys 21,873 workets in wtne of the higFaet p.yina manufhotmin4 jobs available In the stala fie menttfietudng eegm