Clinton Set to Discuss "Tough and Mandatory-Type" Program For Kids' Smoking,

It Can Be Done Through FDA Regulation, Without Hurting Adults, or His Election

President Clinton is poised to discuss his "tough and mandatory-type program" for curbing teen smoking today in Charlotte, NC, but some wonder if FDA regulation will inevitably lead to prohibition, or at draconian restrictions on adult choice.

The answer is "no," says law professor John Banzhaf, whose law suit established the legal principle upon which the FDA is proposing to regulate nicotine in tobacco, as it already does with nicotine in patches and gum.

"The Food and Drug Administration has enormous discretion as to how pervasively it should regulate," says Banzhaf, "and the agency's own very skilled lawyers have concluded that it can legally regulate nicotine in cigarettes to protect children but without affecting adults."

While vending machines are the primary way young children obtain cigarettes, they represent only a very tiny percentage of all sales to adults. So restrictions on vending machine sales can play a major role in discourage smoking by pre-teens, with virtually no adverse impact on adults, argues Banzhaf.

Similarly, requiring proof of age when purchasing cigarettes will in no way limit adult use of the product, nor are adults likely to complain if they can no longer see "Joe Camel" and other cartoon characters in cigarette ads.

All the major antismoking organizations support the FDA's proposal, says Banzhaf, so the argument that they are likely to sue to require further restrictions on cigarettes are somewhat farfetched. Moreover, if the FDA ever went too far and tried to regulate adult smoking, Congress would probably stop them.

While some have argued that mandatory regulations could cost Clinton votes in tobacco-growing states, the Los Angeles Times has concluded that backing down could well cost him the state of California.

"We know Clinton can win without North Carolina, but he certainly can't win if he can't carry California, which is strongly antismoking."

Even the Wall Street Journal concedes that standing tough against the tobacco industry is likely to be a political plus, says Banzhaf, whereas backing down is certain to be seen as a sign of weakness and indecisiveness.

FOR IMMEDIATE RELEASE: Wednesday, August 9, 1995

FOR MORE INFORMATION, CALL: John Banzhaf (202) 659-4310

Return to Top

Return to Press Release List