Cigarette Industry Blames ASH's Threat for FDA's Cigarette Plan

"Carefully Orchestrated Public Relations Campaign" and "Pressure on the White House" Blamed For Unprecedented Decision to Regulate Cigarettes

In its law suit seeking to stop the Food and Drug Administration (FDA) from regulating nicotine in cigarettes, the major tobacco companies seem to blame Action on Smoking and Health (ASH) for the FDA's action.

According to the papers filed in their federal law suit in Greensboro, N.C., it was ASH's threat of legal action against the FDA, coupled with "pressure" ASH helped put on the White House, which was primarily responsible for the President's recent decision concerning tobacco and young people.

ASH's Executive Director John Banzhaf says that, while he is proud that his tiny tax-exempt donor-supported organization is being given so much credit, the tobacco industry is drastically underestimating the public's concern about the epidemic of smoking among teens, and the number of different organizations which are banding together to support the President's plans.

"There's something both ironic and sick about the tobacco industry blaming others for using threats, pressure, and public relations campaigns."

Here's what the industry alleges in their complaint in federal court:

61. On June 15, 1995, the Action on Smoking and Health ("ASH"), an anti-tobacco group, threatened to file a lawsuit against FDA if FDA did not regulate cigarettes by August 15, 1995. ASH announced that the basis of the suit would be FDA's failure to act of ASH's pending petition before FDA. That petition was filed by ASH on March 4, 1994 and seeks the initiation of a rulemaking to regulate cigarettes.

62. Soon after ASH's threat to sue, rumors surfaced that FDA had made the decision to regulate cigarettes. See, e.g., "FDA Seeks to Mount Attack on Smoking by Minors that Could Mean Regulation," Wall St. J. (July 13, 1995), at A3.

63. Over the last few weeks, anti-smoking groups continued a carefully orchestrated public relations campaign designed to put pressure on the White House and FDA to issue Commissioner Kessler's proposed regulations. Finally, on August 10, 1995 ¾ without any further direction from Congress and apparently bowing to the anti-tobacco groups ¾ Commissioner Kessler announced that FDA had concluded that is has jurisdiction over cigarettes.

FOR IMMEDIATE RELEASE: Monday, August 14, 1995

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

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