[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Extensions of Remarks]
[Page E1649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


OPPOSITION TO FDA COMMISSIONER DAVID KESSLER'S MOVE TO REGULATE TOBACCO 
                                PRODUCTS

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                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                         Friday, August 4, 1995
  Mr. GORDON. Mr. Speaker, I rise to express my opposition to Food and 
Drug Administration [FDA] Commissioner David Kessler's unilateral move 
to regulate tobacco products. Thirteen Federal agencies already 
regulate the growth, manufacture, and use of tobacco.
  The President has said he wants to address the underage use of 
tobacco. Everyone is in agreement with this goal. But the answer is not 
FDA regulation. Instead, the President should use the tools he already 
has at his disposal.
  Congress has already spoken on the matter of youth access to tobacco 
products. The Alcohol, Drug, and Mental Health Administration Act of 
1992 [ADAMHA], is the best mechanism to restrict minors' access to 
tobacco.
  The President should direct HHS to release the final ADAMHA 
regulations and allow the program to work. The statute was signed into 
law by President Bush. Draft implementing regulations were not 
promulgated until August 1993. It is now August 4, 1995, and HHS has 
yet to release the final regulations. All 50 states have put laws on 
the books prohibiting the sale of tobacco products to minors and ADAMHA 
is the vehicle to enforce these laws and discourage youth smoking. 
Clearly the answer to is not FDA regulation.
  Mr. Speaker, I encourage the President to take a very positive step 
toward restricting youth access to tobacco by releasing the final 
ADAMHA regulations. Congress has spoken on this issue and now it is 
time to implement the Federal policy set out in ADAMHA.


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