Two new studies being released today will help protect the Food and Drug Administration's (FDA) proposals to regulate cigarette advertising from First Amendment attack, says the law professor who successfully upheld the constitutionality of banning cigarette commercials on radio and television.

The first new study shows that tobacco marketing is a major factor in persuading kids to begin smoking, and is twice as important as peer pressure, the culprit the tobacco industry usually seeks to blame. Even so, one of the major causes of teen peer pressure to smoke may well be the images of rugged young men and slim attractive young women featured in cigarette ads.

The second study also being announced today shows how tobacco marketing has played a major role in the initiation of teen smoking over a period of over 100 years, and how major new tobacco campaigns have been associated primarily with increases in smoking by persons under 18 years of age, not adults.

"Being able to show that cigarette advertising and promotion do in fact cause many youngsters to begin smoking may be one key to defending the constitutionality of the administration's proposed regulations," says law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), and the man Reader's Digest calls "The Man Behind the Ban on Cigarette Commercials."

Among other steps, the FDA says that it plans to require tobacco companies to fund a $150 million-dollar-a-year antismoking campaign -- a move very similar to when Banzhaf forced radio and television stations to make over $200 million worth of broadcast time available for antismoking messages. "

An association between major new cigarette advertising campaigns and dramatic increases in teenage consumption of tobacco -- especially one which has been consistent for over 100 years -- clearly satisfies any constitutional requirements for the regulation of such advertising."

In a related development, the FDA has extended the period for comments from the industry and the public on its proposed rules until January 2, 1996. ASH, which is running a contest for the best submissions on this topic by children from ages four to sixteen, has also extended its contest deadline.

ASH - ACTION ON SMOKING AND HEALTH 2013 H Street, NW / Washington, DC 20006 / (202) 659-4310