[Congressional Record Volume 141, Number 147 (Wednesday, September 20, 1995)]
[Senate]
[Pages S13919-S13920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FDA SHOULD REGULATE TOBACCO

  Mr. LAUTENBERG. Mr. President, I wanted to take a little time to 
comment on some legislation that was introduced this morning by my 
colleague, friend, and distinguished Senator from Kentucky earlier this 
day, having to do with tobacco.
  Mr. President, let me begin by commending the Senator from Kentucky 
for his acknowledgment that smoking is a serious public health problem 
among our young people.
  Senator Ford's legislation seeks to curb advertising directed at 
young people and to limit children's access to tobacco. These are 
important goals. However, I strongly oppose the provision in the 
Senator's legislation that would seek to strip the FDA from asserting 
its authority to regulate tobacco products.
  Mr. President, nicotine is an addictive drug. This has not only been 
proven by a number of scientific studies, but was also revealed in 
confidential industry documents in the past year.
  Consider the following statement contained in an industry document by 
an official with the Brown and Williamson tobacco company. It said, 
``Moreover, nicotine is addictive. We are then,'' he goes on to say 
``in the business of selling nicotine, an addictive drug.'' Mr. 
President, this is directly from the tobacco industry.
  Now, last month President Clinton took a bold step to fight teenage 
smoking. He stood up to the industry, the tobacco industry, and he did 
the right thing. He deserves a lot of credit. President Clinton took 
the side of parents, American parents. They do not want their children 
smoking. Neither do I and neither do most here.
  The President is targeting smoking by teenagers, and I agree with 
this approach. It goes right to the source of the problem, especially 
if you consider the following: 3,000 children start smoking every day. 
More than 80 percent of all smokers had their first cigarette before 
the age of 18. If a child does not smoke before age 18, it is very 
unlikely that they will become a smoker in their adult life.
  More than half of all adult smokers had already become addicted 
regular smokers before they were 18 years of age.
  It is clear that smoking is a pediatric disease that ultimately 
contributes to over 400,000 deaths a year, enormous financial costs, 
terrific family dislocation and puts a burden on us that continues to 
add problems to our deficit.
  Unfortunately, it is getting worse. Between 1991 and 1994, the 
percentage of eighth graders who smoked increased by 30 percent. The 
percentage of 10th graders who smoke increased by 22 percent.
  Mr. President, we need the FDA to help us fight this major public 
health problem. Nicotine is an addictive drug, and the FDA is supposed 
to regulate addictive drugs. There is no reason to make a special 
exception for the tobacco industry.
  Mr. President, it would be a terrible mistake to tie the agency's 
hands in this critical area. We need a strong watchdog to ensure 
compliance with the President's initiatives. We also have to be 
prepared to take additional steps to reduce teenage smoking. The FDA 
has a critical role to play.
  Mr. President, ensuring compliance with President Clinton's new 
initiative is not going to be easy. In fact, I now have seen firsthand 
how easy it is for children to purchase tobacco products. In New 
Jersey, we have fairly strict rules on the ability to purchase tobacco 
by those underage. I went on a New Jersey Health Department compliance 
check in a couple of towns in New Jersey with two 17-year-olds. We went 
to 10 places to purchase cigarettes. These minors were able to purchase 
cigarettes at all 10 locations without a question, whether it was a 
machine which was supposed to be controlled by the management of the 
store of the location or whether it was directly over the counter.
  This is outrageous, Mr. President. The products they were able to 
buy--and this is not to single out a particular brand because that is 
irrelevant--but the products are the ones that we commonly see, the 
better advertised, the more popular. They just happen to be there; some 
of them had room on the counter. You did not even have to look at the 
clerk to buy them--just get up and pay for them, no questions asked.
  Mr. President, I think it is obvious keeping tobacco away from young 
people is going to be very difficult. We need the FDA to help lead that 
battle.
  Now, unfortunately, the legislation of our distinguished colleague 
from Kentucky will strip them of the power needed to respond to this 
public health crisis. I intend to strongly oppose the proposal and to 
fight as hard as I can to protect the health and well-being and the 
futures of our young people.
  I yield the floor.
  Mr. FORD. Mr. President, I ask unanimous consent I might proceed as 
in morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  
[[Page S 13920]]

  Mr. FORD. Mr. President, the distinguished Senator from New Jersey 
and I are friends, and we disagree in some respects on this one 
particular item. One point I would like to make to the distinguished 
Senator is that I have made an extra effort to put forward legislation 
that would do what he wants to do. He does not have any penalty in what 
he is talking about. Under my bill, if it was law, those clerks would 
have a penalty. It would be a double penalty. And I think we would stop 
them. At least they would think before they would sell to possible 
underage people, or teenagers.
  So, what we have attempted to do here is not move in and tell an 
adult--make a decision for him. As I said earlier, one of the things we 
pride ourselves in is to try to keep Big Brother out of our business. 
Senator after Senator after Senator has stood on this floor and fussed 
about FDA. They are not completing their business. They are not getting 
the job done. They are not approving drugs for the elderly. They are 
not doing all this. I can go back and give you page after page after 
page.
  Now they want to take on this huge responsibility, additional 
responsibility. And we already have the mechanism to do it: The Federal 
Trade Commission and Health and Human Services. We already have the 
vehicle. Why create another bureaucracy? And why should I tax you, 
indirectly, and say, ``You give me money so I can put you out of 
business.'' They want $150 million a year.
  My distinguished friend from New Jersey is proud of the fact that he 
took a small business and built it into a very large business. But if 
Government had said to him, ``Give me money so we can put you out of 
business,'' I do not believe the Senator would have liked that a bit.
  He will say there is a difference between his product and the one we 
are discussing here today. That is fine. But the principle is still the 
same. So we take the vending machine law, the strongest one in the 
country, and say that if you break this law then the States and the 
principals are fined; they are double. And we have the mechanism to do 
it right now. So the constitutional question that we have is another 
problem, as to the content of the advertisement.
  I am not going to be voting for an additional tax. I do not believe 
my friend from New Jersey will vote for an additional tax either. I 
hope we listen to him as he talks about the additional smokers per day. 
Every day we delay here, every day we say we are not going to help Ford 
pass his legislation, means that it is another day's delay. We could do 
it today rather than tomorrow. I think I have tried my best. But best 
is, apparently, not good enough.
  So the FDA is just adding another layer of bureaucracy. They are 
asking for money, under their regulations. Lord knows how they are 
going to get it without an act of Congress. The constitutional question 
on first amendment rights--they have sent the lawyers from the 
manufacturers and advertising groups all to the courts the same day. So 
that will be in the courts for years and years and years.
  So what is happening here, if we can pass my legislation we can get 
to the root of the problem. We banned advertising around schools. We 
banned the use of tobacco in movies. We banned the use of tobacco of 
any form in videos or amusement areas. But we do not say that an adult 
does not have a choice.
  So what we are getting ready to do here, in the guise of protecting 
teenagers, is to go to prohibition. That is my problem. I am trying to 
be helpful. I am trying my best to be helpful. If he was in my place, I 
think he would be doing the same thing. But he says he is not and I 
understand that.
  But rights are rights. When you become of age you have a right to 
make a choice in this country. Let us stop them under 18. I am for 
that, and my legislation will do that. If we just get a little help, 
instead of delaying the implementation of this law--I think we ought to 
go ahead and pass it so we can stop, sooner than later, teenage smoking 
in this country.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, in just a couple of minutes, one of 
the things that happens to us occasionally on this floor is that we 
have to argue with friends for whom we have respect and admiration 
because we disagree. I must give the distinguished Senator from 
Kentucky credit because he has worked cooperatively to try to reduce 
the exposure for young people to tobacco, recognizing along the way, 
obviously, the possibility exists that it could be--I do not want to 
put words in his mouth, but his legislative proposal suggests it could 
be addictive. So it is a long step along the way. I thank him and I 
respect the Senator from Kentucky's legislative perspective here.
  I would say that I believe the FDA involvement is essential to the 
success of the program of curbing teenage smoking. I do appreciate and 
understand the position that the Senator from Kentucky is in. He is 
concerned about the farmers in Kentucky who grow tobacco, those who 
process the product, and I know he has long been an advocate of trying 
to make a sensible approach to the marketing of tobacco products 
without curtailing people's decisionmaking. I respect that.
  But, Mr. President, I really do think the only way to make this an 
effective battle against teenage smoking is to include the FDA, to give 
them the responsibility as they would have for any other addictive 
drug, and to pursue the course of action proposed by the President of 
the United States.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New York [Mr. D'Amato], is 
recognized.

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