No Deal On Tobacco Industry Proposal

NO DEAL ON TOBACCO INDUSTRY PROPOSAL

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HON. FORTNEY PETE STARK

OF CALIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Tuesday, June 4, 1996

Mr. STARK. Mr. Speaker, recently two tobacco industry giants, Philip Morris USA and United States Tobacco [UST], presented a gift to the American people: their approach to how the industry and the Federal Government could work together to reduce youth smoking. Their present was beautifully wrapped with an agreement to ban cigarette vending machines, to restrict mail distribution of tobacco products, and to prohibit billboard advertising of tobacco products within 1,000 feet of schools--all of which would be greatly effective in decreasing youth smoking, an injurious activity that one out of every three American high school students take part in. But once we tear away the ribbons and packaging on this present, we find that all that's left is gag gift from the tobacco industry. The Philip Morris/UST proposal mocks the health and welfare of our Nation's children and the tobacco industry gets the last laugh. The Philip Morris/UST proposal is an utter sham compared to the FDA's proposed rule: The FDA proposed rule bans tobacco sponsorship of any athletic, musical, artistic or other social or cultural event. Under their proposal, the tobacco industry can sponsor motorsports and rodeo, two events that the tobacco industry is heavily invested in. These sporting events are the most commonly attended sporting events in the country. The FDA proposed rule restricts tobacco advertisements to publications with an adult readership of 85 percent or more and less than 2 million readers under 18 years old. The industry proposal changes readership to subscribers. Since most children and youths do not subscribe to magazines, this provision becomes ineffectual. The FDA proposed rule requires each tobacco manufacturer to contribute to a $150 million public education campaign to discourage youth from tobacco use. The tobacco industry doesn't even bother to include this provision in their proposal. But most importantly, the Philip Morris/UST proposal eliminates FDA jurisdiction over tobacco products. This would effectively shut down the FDA's ability to regulate tobacco at all with disastrous effects: It would preempt the FDA from ruling that nicotine is a drug. It would preempt the FDA from ruling that nicotine is addictive. And it would preempt the FDA from ruling that a cigarette is a device used to transmit an addictive drug. With no FDA jurisdiction over tobacco, there is no agency with authority over nicotine-containing tobacco products. We cannot allow the tobacco industry to go unregulated especially in the area of youth smoking. The threat to our Nation's children is too great. For example, in California alone: Over 29 million packs of cigarettes are sold to California children annually, generating $62.5 million in sales revenue for the tobacco industry. Teens under 18 can successfully purchase tobacco from one out of three tobacco retailers in California. Smoking among youth in California is increasing from 9.1 percent in 1993 to 10.9 percent in 1994. And California is one of the leaders in anti-smoking efforts. I could only imagine how bad the statistics would be if even our few laws weren't in place. Philip Morris and UST know that their public support has been reduced to ashes. Since today is World No-Tobacco Day, I urge Congress to embrace the FDA proposal, a comprehensive approach to reduce youth tobacco use and reject the tobacco industry's sham proposal. No deal for Philip Morris and UST. Our children's health is non-negotiable.