[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[Senate]
[Pages S11197-S11200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       AD-HOC HEARING ON TOBACCO

 Mr. LAUTENBERG. Mr. President, on September 11th, I co-chaired 
with Senator Kennedy an ad-hoc hearing on the problem of teen smoking. 
We were joined by Senators Harkin, Wellstone, Bingaman and Simon. 
Regrettably, we were forced to hold an ad-hoc hearing on this pressing 
public health issue because the Republican leadership refused to hold a 
regular hearing, despite our many pleas.
  We held this hearing to listen to real people tell us about the 
addictiveness of nicotine and their support for the President Clinton's 
FDA proposal to cut teen smoking in half. Unlike one of the other 
Presidential candidates, we know that nicotine is addictive. And we 
know that the FDA should regulate it and protect our children.
  We also made it clear that we will reject half hearted compromise 
legislative proposals which do not protect our children from the 
tobacco companies.

[[Page S11198]]

  Essentially, we will oppose any compromise legislation that does 
protect FDA's ability to safeguard our kids or the public health. Our 
first priority in any legislative settlement should be to save our 
children from future nicotine addiction.
  Mr. President, President Clinton deserves credit for being the first 
President in recent history to take on the tobacco companies. He has an 
excellent record of protecting our children.
  However, this Congress' record on tobacco and children is shameful.
  On January 3, 1995, a new Republican majority took over Congress. 
They publicly pushed their Contract with America. But privately, they 
pursued another contract--a contract of silence with the tobacco 
companies.
  Since the Republicans took over Congress, more than 660,000 people 
have died from smoking and over 1.7 million of our children have begun 
smoking.
  What has been this Congress' response to this public health epidemic? 
Pure silence.
  In one fell swoop--gone were the House hearings where the CEO's swore 
under oath that nicotine was not addictive. And gone were the Senate 
hearings on the dangers of secondhand smoke and the health care 
benefits of increasing the tobacco tax.
  It took President Clinton's bold FDA policy to break the silence. And 
we need to make more noise--to stop our children from ever becoming 
hooked. We need to fight the biggest cause of preventable death in 
America--tobacco use. Because like AIDS, silence equals death when it 
comes to tobacco.
  At the hearing, we heard from several witnesses who have first-hand 
knowledge of the dangers of tobacco addiction. We heard from Justin 
Hoover, a 12-year-old boy from West Des Moines, IA who told us how he 
smoked his first cigarette at the age of 6, and was addicted to tobacco 
when he was 9. He told us how easy it was for him to obtain cigarettes, 
often by stealing them. He told us how difficult it has been for him to 
try and break his addiction, despite the best efforts of his mother, 
teachers, and his DARE officer, Jody Hayes, who accompanied Justin at 
the hearing.
  Officer Hayes said that the level of smoking among teens is the worst 
that he has seen. He also told us that tobacco is clearly a gateway 
drug that can lead to marijuana and cocaine use. He strongly admonished 
us that ``we have to stop drug use where it starts, and that is with 
tobacco.''
  We also heard from Minnesota Attorney General ``Skip'' Humphrey who 
told us of his concerns of proposed Federal legislation to resolve all 
litigation and regulation affecting the tobacco industry. He noted that 
it is essential that tobacco ``like every other product Americans eat, 
drink or ingest, be placed under the on-going jurisdiction of an 
appropriate Federal agency, such as the FDA.''

  We listened to the testimony of Dr. Ian Uydess, who worked as a 
research scientist for Philip Morris for over 10 years. He told us how 
well informed the tobacco industry has been regarding the health 
effects and addictive quality of tobacco. He said that the major 
tobacco companies could have used this information to develop a safer 
product, but they chose not to do so.
  We also heard from Morton Downey, Jr., the former talk-show host 
whose symbol was the smoking cigarette butt. As he has contracted lung 
cancer, he now asks forgiveness from the young people he may have 
influenced to smoke.
  Alan Landers, a former Winston model, told us of the pain caused by 
two lung operations. He gave riveting testimony on the addictiveness of 
tobacco. He told us that he was smoking the night before he was to have 
lung surgery because he could not quit. He now tours high schools 
warning children of the dangers of smoking.
  Janet Sackman, another former cigarette model, bravely testified how 
when she was 17, she was told by an agent that if she wanted the look 
to get ahead in the business, she should start smoking. She developed 
cancer of the larynx and now struggles to speak.
  Mr. President, these people are a testament to the tragedy of tobacco 
addiction in this country. And they all have two things in common. They 
started smoking before they were 18 and they all have cancer. These 
examples demonstrate why the President's proposal to protect our 
children is so crucial.
  Mr. President, after I complete my statement, I am going to ask that 
the statements of the participating in ad-hoc hearing be placed in the 
record. Over the next 3 days I will insert the testimony of the 
witnesses from each of the three panels. I hope that all of my 
colleagues, from both chambers and both sides of the aisle will read 
these compelling statements. Regrettably, this will be the only hearing 
record on tobacco issues this Congress, despite the constant 
revelations in the press about industry documents outlining the dangers 
of smoking.
  I only hope that the next Congress' record on protecting our children 
is not as shameful.
  Mr. President, I ask that the statements of the Senators attending 
this ad-hoc hearing be printed in the Record.
  The statements follow:

                Statement by Senator Frank R. Lautenberg

       First, I would like to thank Senator Kennedy for co-
     chairing this hearing with me and all of the other Senators 
     who are participating. I would also like to welcome and thank 
     all of the witnesses for being here at today's ad-hoc hearing 
     on teen smoking.
       We are here to show our support for the FDA proposal to cut 
     teen smoking in half. Unlike one of the Presidential 
     candidates, we know that nicotine is addictive. And we know 
     that the FDA should regulate it and protect our children.
       Today, we are also here to say that we will reject half 
     hearted compromise legislative proposals that do not protect 
     our children.
       We will oppose any compromise legislation that does protect 
     FDA's ability to safeguard our kids or the public health. Our 
     first priority in any settlement should be to save our 
     children from future nicotine addiction.
       President Clinton deserves credit for being the first 
     President in recent history to take on the tobacco companies. 
     He has an excellent record of protecting our children.
       On the other side of Pennsylvania avenue, however, this 
     Congress' record on tobacco and children is shameful.
       On January 3, 1995, a new Republican majority took over 
     Congress. They publicly pushed their Contract with America. 
     But privately, they pursued another contract--a contract of 
     silence with the tobacco companies.
       Since the Republicans took over Congress, 660,488 people 
     have died from smoking and 1,764,000 children began smoking.
       What has been this Congress' response to this public health 
     epidemic? Pure silence!
       In one fell swoop--gone were the House hearings where the 
     CEOs swore under oath that nicotine was not addictive. And 
     gone were the Senate hearings on the dangers of secondhand 
     smoke and the health care benefits of increasing the tobacco 
     tax.
       It took President Clinton's bold FDA policy to break the 
     silence. And we are here to make more noise--to stop our 
     children from ever becoming hooked. We are here to fight the 
     biggest cause of preventable death in America--tobacco use. 
     Because like AIDS, silence equals death when it comes to 
     tobacco.
       Today, we will hear from people who know firsthand about 
     the dangers of smoking. We will hear from a 12 year old child 
     who is addicted to cigarettes and his DARE officer. We will 
     hear from a former Philip Morris research scientist who will 
     tell us that the tobacco industry knew full well that 
     nicotine was addictive and manipulated it to hook smokers. We 
     will hear form Minnesota Attorney General ``Skip'' Humphrey 
     who is taking on the tobacco industry in court on behalf of 
     our children.
       Before we proceed, I wanted to let the participants know 
     that there will not be an official hearing transcript for 
     this proceeding but I will insert all written statements into 
     the Congressional record so your stories will become part of 
     the official record of the Senate. I hope my colleagues from 
     both sides of the aisle and both chambers, will read your 
     testimony and work with us to save our children.
                                                                    ____


                 Statement of Senator Edward M. Kennedy

       Twenty-nine years ago today, on September 11, 1967, my 
     brother, Senator Robert Kennedy addressed the World 
     Conference on Smoking and Health. Representatives of thirty-
     four nations had gathered in New York to talk about ways to 
     stop mounting death rates from cigarette smoking.
       He spoke to his audience about the difficulty of convincing 
     people--young persons, in particular--that smoking can kill 
     them. He emphasized grim statistics of premature death and 
     illness caused by smoking. He said that cigarettes would have 
     been banned years ago--were it not for the economic power of 
     the tobacco industry.
       Limiting cigarette advertising was at the top of his list 
     of strategies to discourage young men and women from 
     beginning to smoke. At that time, the industry was spending 
     $300 million a year to attract new smokers.
       Since then, the amount the industry spends on advertising 
     has soared to $6 billion a year. Much of this advertising is 
     targeted at youth, with images that promise popularity and 
     success for those who smoke. Children are particularly 
     vulnerable to this sort

[[Page S11199]]

     of advertising. The Joe Camel campaign was cynically targeted 
     directly at youth. Profits rolled in, and Camel's market 
     share among youth soared from 0.5% to 32.8%.
       The industry targets youth because it knows that almost all 
     smokers begin before they reach the age of 18. If you make it 
     to 18 without smoking, it's very unlikely you'll ever smoke. 
     The average smoker begins at 13--and becomes a daily smoker 
     by 14 and a half.
       For over 30 years, using its relentless political power, 
     the tobacco industry has managed to avoid needed federal 
     regulation of their product. it has been said that tobacco is 
     the least regulated of any legal product.
       Now, at last, President Clinton has had the courage to 
     insist on real steps to reduce youth access to tobacco and 
     tobacco advertising aimed at youth. His goal is to cut teen 
     smoking in half over the next seven years.
       President Clinton's proposal comes at a crucial time for 
     America's youth. Not only has smoking been rising steadily 
     among adolescents since 1992, but drug use, especially use of 
     marijuana, is also rising among this same group.
       Clearly, tobacco is a gateway drug. If we reduce tobacco 
     use, we will reduce other drug use too. According to a 1994 
     report by the National Center on Addiction and Substance 
     Abuse at Columbia University, children who smoke cigarettes 
     are 12 times more likely to use marijuana and 19 times more 
     likely to use cocaine.
       Our hearing today is intended to deal with these important 
     issues. It speaks volumes that the Republican Congress is 
     unwilling to hold a hearing like this. But we hope they will 
     pay attention to the facts we will hear.
                                                                    ____


                    Statement of Senator Tom Harkin

       I want to join my colleagues in thanking all of the 
     witnesses who have given their time to be with us today, and 
     I want to add a special welcome to our witnesses here from 
     West Des Moines, Iowa--Justin Hoover and Officer Jody Hayes--
     who I will be introducing in just a moment.
       All of us are here because we all agree--we need to protect 
     our children from tobacco--and we need to do it now.
       For too long, young people have been getting an unfiltered 
     message from the tobacco industry. Smoking is cool. Smoking 
     is harmless. Smoking will make you look older and more 
     attractive.
       Today, the tobacco industry pours over $6 billion a year 
     into advertising their products and promoting that message. 
     And often they are zeroing in on our kids--through magazine 
     ads, billboards, sporting events, and, of course, the 
     ubiquitous Joe Camel.
       We know what these tobacco advertising campaigns are all 
     about. They are deliberately designed to keep people smoking, 
     but more importantly, to attract a new generation to the 
     smoking habit. In fact, according to a study published in the 
     Journal of the American Medical Association, Joe Camel is 
     just as recognizable to six-year old as Mickey Mouse.
       But the industry hasn't stopped with Joe Camel. Joe and his 
     competitors have started merchandising ``clubs'' in which you 
     can smoke your way to all sorts of gifts. A 1992 Gallup 
     survey found that about half of adolescents smokers and one 
     quarter of non-smokers owned at least one tobacco industry 
     promotional item.
       The motivations of these tobacco companies is clear. 
     They'll do anything to make a buck. But I can't understand 
     irresponsible statements made by some of our elected 
     officials regarding tobacco.
       Some in Congress have compared tobacco to milk or to 
     chicken soup. What kind of message does that send to our 
     kids?
       There is a difference. Milk builds. Tobacco destroys. 
     Chicken soup heals. Tobacco kills.
       The only message that our children should hear about 
     tobacco is the truth. Smoking is a killer. Smoking is 
     addictive. Smoking stinks. It's a deadly habit that will make 
     kids less attractive and less fit. That message needs to come 
     through loud and clear so children like Justin are never 
     tempted in the first place.
       That message needs to start at home. Parents need to let 
     their children know about the dangers of tobacco. But the 
     message shouldn't end in the home. All of us can be partners 
     with families in the fight against tobacco.
       We need to make much more difficult for children to get 
     their hands on tobacco in the first place.
       Kids shouldn't be able to walk into a convenience store and 
     purchase cigarettes . . . or buy them out of a vending 
     machine . . . or even be tempted to steal cigarettes left in 
     the open in self-service displays.
       President Clinton has put forth a responsible plan. The 
     President's plan is the right thing to do. It will help 
     families keep tobacco out of the hands of their children. And 
     I strongly support it.
       But I believe we can do more to protect kids from tobacco 
     and strengthen families. That's why I have introduced common 
     sense legislation to eliminate the tax deductibility of 
     tobacco advertising. Today, American taxpayers are forced to 
     cough up nearly $2 billion a year to subsidize the tobacco 
     industry. That's not right and we ought to stop it.
       Again, I want to welcome Justin Hoover and Jody Hayes. 
     Justin is 12 years old and is from West Des Moines Iowa. He 
     smoked his first cigarette when he was 6-years old.
       He is going to tell us how and why he started smoking, how 
     he has tried to quit, and how easy it is for him to obtain 
     cigarettes.
       I also want to welcome Officer Jody Hayes who is a 
     Community Relations Officer for the West Des Moines Police 
     Department. He is a D.A.R.E. (Drug Abuse Resistance 
     Education) officer and works with students from pre-school to 
     high school. He is on the front lines in the fight against 
     drug abuse.
       And he has seen first hand how easy it is for young 
     children to gain access to tobacco and how vulnerable they 
     are to the industry's message that smoking is cool.
       Officer Hayes, I want to thank you for not only being here 
     today, but for the work you do day in and day out to protect 
     our kids and help them stick to the right path. I just can't 
     understand why some in Congress want to cut funds for the 
     D.A.R.E. program and stop people like you from doing the 
     great work you do.
                                                                    ____


                   Statement of Senator Jeff Bingaman

       I am pleased to be a part of this Ad-Hoc hearing on tobacco 
     issues and in particular the health effects of tobacco use. 
     As many of you know, I have been a strong advocate of taking 
     a tough stand on the issue of federal regulation of tobacco 
     products. Since 1989, I have been working to require the Food 
     and Drug Administration (FDA) to regulate the manufacture and 
     sale of tobacco products. I was very proud last year when 
     Congress approved my legislation banning cigarette vending 
     machines in federal buildings on most federal property, and 
     very pleased earlier this year when the General Services 
     Administration (GSA) ordered the removal of the machines.
       For many years, I also have been working to ban tobacco 
     vending machines on Federal property that are accessible to 
     children. Clearly, something is not working when, every day, 
     more than 3,000 children and teenagers start smoking and 
     1,000 of them will die from tobacco related illness. In New 
     Mexico, nearly one-third of the state's teenagers smoke. 
     According to the Centers for Disease Control and Prevention, 
     New Mexico has a teenage smoking rate of 32.6 percent--only 
     eight other states have higher rates. It is difficult to 
     prevent children from buying cigarettes when they are readily 
     accessible from vending machines. If we expect states, 
     localities, schools, parents, and even the tobacco industry 
     itself to help protect our children from tobacco, then we in 
     the federal government should lead the effort.
       It is time for a new course of action. I am very pleased 
     that President Clinton is expanding the Federal role in 
     fighting teen smoking. This initiative to reduce tobacco use 
     by children recognizes the responsibility that the federal 
     government should take to protect our children from tobacco 
     use.
       Finally, 10 years ago as a senior member of the Armed 
     Services Committee, I first introduced legislation aimed at 
     discouraging tobacco use in the military by raising the 
     prices of tobacco products in military commissaries to local 
     prevailing prices. Cigarettes are much cheaper in 
     commissaries and exchanges than they are in the civilian 
     market. In August this year, the Department of Defense (DoD) 
     ordered the sale of tobacco products found in commissaries 
     and exchanges to be sold at local prevailing prices. I am 
     pleased to see that the DoD now agrees that we need to stop 
     sending mixed signals to military personnel about the 
     importance of healthy lifestyles while at the same time 
     deeply discounting tobacco products in military stores.
       I commend my colleagues here today for keeping this very 
     important issue alive during this Congress and for leading 
     the effort to continue to address the types of laws and 
     policies that will protect our children from tobacco.
                                                                    ____


             Statement of U.S. Representative Marty Meehan

       I want to thank Senators Ted Kennedy and Frank Lautenberg 
     for allowing me to submit my testimony before this ad hoc 
     committee hearing on tobacco. I appreciate the opportunity to 
     participate in this important, if unofficial, event.
       The new majority, in both the House and Senate chambers, 
     does not believe that the epidemic of youth smoking is an 
     important enough issue to merit an official hearing. Only 
     through the leadership of Senators Kennedy and Lautenberg is 
     today's ad hoc hearing possible. I commend them both for 
     organizing this event.
       Nicotine addiction and subsequent tobacco related illnesses 
     are the leading cause of preventable death in the United 
     States. Each year, more than 400,000 smokers prematurely die 
     due to tobacco related illnesses. The ranks of smokers, 
     however, are replenished by our nation's children.
       Tobacco companies have long targeted and marketed their 
     wares towards America's kids. RJ Reynolds' Joe Camel campaign 
     is only the latest in a string of strategies the tobacco 
     industry has employed to entice young people. The industry is 
     forced to target children because adults, in the face of 
     overwhelming medical and scientific evidence, are not 
     impressionable enough to start using a product that, if used 
     as directed, will kill them.
       The tobacco industry is committed to pushing cigarettes and 
     smokeless tobacco product. In fact, each year the industry 
     spends more than $6 billion on advertising and marketing in 
     the United States. This massive advertising is successful for 
     the industry. Eighty-six percent of underage smokers buy the 
     three most heavily advertised

[[Page S11200]]

     brands--Marlboros, Camels and Newports. Moreover, ninety-one 
     percent of six year-olds identify Joe Camel as a symbol of 
     smoking.
       As a result, 3,000 children a day, convinced through a 
     combination of peer pressure, advertising and popular 
     culture, start smoking. 1,000 of these youngsters will 
     ultimately die from tobacco related illnesses.
       President Clinton has taken a historic move in directing 
     the Food and Drug Administration to enact the first-ever 
     program to protect children from tobacco. The FDA has 
     concluded that cigarettes and smokeless tobacco are delivery 
     devices for nicotine, a drug that causes addition and other 
     significant pharmacological effects.
       The FDA's regulations, which are intended to reduce 
     underage tobacco use by fifty percent over the next seven 
     years, include long overdue restrictions on advertising and 
     marketing, along with an industry sponsored tobacco control 
     campaign.
       I strongly support President Clinton's heroic leadership on 
     this most important issue. Unfortunately, the tobacco 
     industry has many allies here on Capitol Hill who will 
     most likely launch an effort to derail the FDA's 
     regulations.
       According to recent reports, the tobacco industry, in just 
     the first six months on 1996, has spent more than $15 million 
     lobbying Congress, the White House and federal agencies. 
     Moreover, campaign donations, both soft and hard, are up 
     dramatically, as the industry prepares to launch a most 
     expensive offense against federal efforts to control youth 
     tobacco use.
       While the industry may have the financial wherewithal to 
     spend millions of dollars to influence legislators and 
     advertise their misleading messages, public opinion seems to 
     have permanently shifted against Big Tobacco. Through 
     internal documents and the brave testimony of former 
     employees, two of who are here today, decades of duplicity on 
     behalf of the Big Tobacco have been exposed and etched into 
     the collective consciousness of the American people.
       Those of us in Congress who support President Clinton's 
     actions on tobacco have a responsibility to not only herald 
     these regulations but also hold the line against industry 
     efforts to water them down. Today's hearing should reinforce 
     the idea that the FDA's regulations, and jurisdiction, is 
     necessary to protect future generations of American children. 
     Once again, I applaud the leadership of Senators Kennedy and 
     Lautenberg on this issue and I look forward to working with 
     both of them in the future.

                          ____________________