Tobacco Documents Online

Issues Overview: FDA's Plan to Regulate Tobacco Products VA) ~ ,/Y ', "`Gv The U.S. Food and Drug Administration ensur s the safety and efficacy of the drugs and medical devices ~ its jurisdiction, and it protects the safety of the food supply. Cigarettes are not drugs or medical devices; after all, they are not intended for medical or therapeutic use. Previous FDA commissioners took this common-sense view, and over the past 80 years, Congress has repeatedly declined to give the FDA authority over tobacco products. The FDA says it must regulate the marketing, promotion and sale of tobacco products to prevent underage smoking. But the agency's plan goes far beyond the issue of underage tobacco use. It threatens the rights of adults to choose whether or not to smoke, and the rights of tobacco companies and retailers to market tobacco products to adult smokers. Everyone agrees that kids shouldn't smoke and shouldn't have access to tobacco products. The issue is how to work toward that goal effectively, fairly and immediately. The FDA's restrictions on advertising and promotion are unreasonable and excessive. They violate First Amendment rights and will harm American businesses and workers. Beginning in August, in retail locations where minors are permitted, the FDA will require that all point-of-sale advertising consist of black print on a white background only, without any color or art. The rule could affect the payments that many retailers receive for displaying this advertising. Existing tobacco-product display racks, change trays, door decals, clocks and other items (will be banned. ~ ~'gim 4V

aDISCUSSION DRAFT/February 27, 1997 Beginning in August of 1977, o~6r The FDA will also prohibit the distribution of ?L*A6/GL~-c,' ~ merchandise, such as caps and T-shirts, in exchang /e ou =a 0 ea 0 drxr= page 2 ship of sporting and cultural events will be prohibited. The : will eliminate Marlboro racing, Benson & Hedges concerts, Merit bowling and Virginia Slims tennis. ~~t"c'~i-~~ FpA.~~s G~ ~'~ Although the,9a8'l~ya~ ~ d~ge access to tobaccolproducts, they may affect thousands of American jobs and the rights of adult smokers. n agency to regulate tobacco products and, in any event, the FDA has no experience or expertise with the tobacco industry, unlike, for example, the Federal Trade Commission. The FDA clearly is the wrong agency to deal with the youth smoking issue. Congress has never authorized the Congress has already passed legislation to address the issue of underage tobacco use. The so-called "Synar Amendment" requires that states enforce minimum-age laws or face the loss of substance-abuse block grants. States are passing additional laws restricting youth access to tobacco products. If more needs to be done, Congress, through ~Uy„~ federal legislation, should be the one to do so, not wf~~ unelected bureaucrats at the FDA. There is a great deal of common ground on the youth smoking issue. We can make a real difference if we work together - and we can do it without trampling on the N Constitution or the rights of adults. O ~ O ~ # # W O tfl W ~ O for proofs of purchase 8 F