[Congressional Record Volume 142, Number 80 (Tuesday, June 4, 1996)]
[Extensions of Remarks]
[Page E989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NO DEAL ON TOBACCO INDUSTRY PROPOSAL

                                 ______


                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                         Tuesday, June 4, 1996

  Mr. STARK. Mr. Speaker, recently two tobacco industry giants, Philip 
Morris USA and United States Tobacco [UST], presented a gift to the 
American people: their approach to how the industry and the Federal 
Government could work together to reduce youth smoking. Their present 
was beautifully wrapped with an agreement to ban cigarette vending 
machines, to restrict mail distribution of tobacco products, and to 
prohibit billboard advertising of tobacco products within 1,000 feet of 
schools--all of which would be greatly effective in decreasing youth 
smoking, an injurious activity that one out of every three American 
high school students take part in. But once we tear away the ribbons 
and packaging on this present, we find that all that's left is gag gift 
from the tobacco industry. The Philip Morris/UST proposal mocks the 
health and welfare of our Nation's children and the tobacco industry 
gets the last laugh.
  The Philip Morris/UST proposal is an utter sham compared to the FDA's 
proposed rule:
  The FDA proposed rule bans tobacco sponsorship of any athletic, 
musical, artistic or other social or cultural event. Under their 
proposal, the tobacco industry can sponsor motorsports and rodeo, two 
events that the tobacco industry is heavily invested in. These sporting 
events are the most commonly attended sporting events in the country.
  The FDA proposed rule restricts tobacco advertisements to 
publications with an adult readership of 85 percent or more and less 
than 2 million readers under 18 years old. The industry proposal 
changes readership to subscribers. Since most children and youths do 
not subscribe to magazines, this provision becomes ineffectual.
  The FDA proposed rule requires each tobacco manufacturer to 
contribute to a $150 million public education campaign to discourage 
youth from tobacco use. The tobacco industry doesn't even bother to 
include this provision in their proposal.
  But most importantly, the Philip Morris/UST proposal eliminates FDA 
jurisdiction over tobacco products. This would effectively shut down 
the FDA's ability to regulate tobacco at all with disastrous effects: 
It would preempt the FDA from ruling that nicotine is a drug. It would 
preempt the FDA from ruling that nicotine is addictive. And it would 
preempt the FDA from ruling that a cigarette is a device used to 
transmit an addictive drug. With no FDA jurisdiction over tobacco, 
there is no agency with authority over nicotine-containing tobacco 
products.
  We cannot allow the tobacco industry to go unregulated especially in 
the area of youth smoking. The threat to our Nation's children is too 
great. For example, in California alone:
  Over 29 million packs of cigarettes are sold to California children 
annually, generating $62.5 million in sales revenue for the tobacco 
industry.
  Teens under 18 can successfully purchase tobacco from one out of 
three tobacco retailers in California.
  Smoking among youth in California is increasing from 9.1 percent in 
1993 to 10.9 percent in 1994.
  And California is one of the leaders in anti-smoking efforts. I could 
only imagine how bad the statistics would be if even our few laws 
weren't in place.
  Philip Morris and UST know that their public support has been reduced 
to ashes. Since today is World No-Tobacco Day, I urge Congress to 
embrace the FDA proposal, a comprehensive approach to reduce youth 
tobacco use and reject the tobacco industry's sham proposal. No deal 
for Philip Morris and UST. Our children's health is non-negotiable.

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