[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Extensions of Remarks]
[Page E1863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       ASSAULT ON TOBACCO FARMERS

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                           HON. VAN HILLEARY

                              of tennessee

                    in the house of representatives

                      Saturday, September 28, 1996

  Mr. HILLEARY. Mr. Speaker, I rise to talk about the Clinton 
administration's assault on the livelihood and well-being of some 
18,490 tobacco farmers in the Fourth District of Tennessee. The FDA's 
newly imposed jurisdiction over the regulation of tobacco products will 
put these hardworking tobacco farmers in jeopardy and have no effect on 
reducing youth smoking. The restrictions imposed by the Clinton 
administration are nothing more than an attempt to dismantle this 
country's oldest industry and cause 92,000 workers in 16 States to lose 
their jobs.
  Nobody thinks that minors should smoke. However, giving the FDA 
regulatory powers over tobacco and tobacco advertising is a misguided 
approach to reducing youth smoking. I've talked to the tobacco farmers 
in my district and they support the already strict laws imposed by the 
State of Tennessee to combat youth access to tobacco.
  The State of Tennessee outlaws the sale or distribution of tobacco 
products to persons under age 18. The law prohibits the purchase of 
tobacco products by minors, or by an adult on behalf of a minor. They 
require retailers to post signs stating that sales of tobacco products 
to minors are illegal and require that all tobacco products must be 
sold only in original, sealed packages bearing the required Federal 
health warnings. The Department of Agriculture enforces these laws with 
stiff fines and penalties.
  In 1992, Congress directed the States to adopt and enforce laws to 
reduce youth access to tobacco. Congress passed the Synar amendment 
directing States to regulate the sale of tobacco products to minors or 
lose Federal substance abuse grants. In order to receive these grants 
States must: Have in effect a law prohibiting the sale or distribution 
of tobacco products to persons under age 18; enforce the law in a way 
that can reasonably be expected to reduce the availability of tobacco 
products to minors; conduct annual, random, unannounced inspections of 
retailers to ensure compliance with youth access laws; and Report 
activities and successes to the Secretary of HHS annually.

  In addition, there's strong evidence that shows advertising bans and 
restrictions do not reduce youth smoking. While tobacco ads are 
restricted or banned in several countries, these controls have had 
little or no effect on youth smoking rates.
  For example, Norway has a complete ban on tobacco advertising, but 
has a higher percentage of youth smokers than the United States. The 
University of Helsinki researchers discovered that smoking rates among 
juveniles in Finland increased safer a complete ban on tobacco 
advertising was implemented in 1978. Smoking rates for this age group 
had been declining before the ban was implemented.
  It's ironic that the FDA, under the leadership of President Clinton 
and Commissioner David Kessler, is waging a war on teenage smoking. 
They want to make sure that our kids don't get their hands on tobacco, 
but they don't want to make sure that our kids don't get their hands on 
illegal drugs.
  The fact of the matter is that the drug policies of this 
administration for the last 4 years have not worked. Illegal drug use 
among teenagers has skyrocketed 78 percent. Marijuana use among 
teenagers has doubled over the last 4 years with nearly half the class 
of 1995 having tried drugs by graduation day.
  There are no billboards, print ads, or event sponsorships provided by 
illegal drug purveyors to entice juveniles to use illegal drugs. This 
misguided approach by the FDA is just not acceptable.
  Futhermore, I am worried about any FDA regulations that would 
jeopardize the first amendment. By mandating a black and white text-
only format for tobacco product advertisement, the FDA ignores the 
significant protection afforded commercial speech. The Supreme Court 
has consistently affirmed significant protection for commercial speech, 
specifically ruling that the use of pictures, illustrations and color 
in advertising is fully protected by the first amendment. The measures 
proposed by FDA go beyond what is reasonable, and would result in a 
virtual ban on tobacco advertising.

  The tobacco industry is a valuable part of the U.S. economy. It 
directly and indirectly supports 1.8 million jobs worth $54 billion in 
wages, in benefits, and contributes $6 billion to the U.S. balance of 
trade, according to a study by the American Economics Group. In 
addition, sales of tobacco products generate approximately $15 billion 
in excise and sales taxes each year for Federal, State, and local 
treasuries.
  Mr. Chairman, these ill-advised regulations are a bad idea by an 
organization that is merely seeking out more power and authority. The 
Clinton administration and the FDA would rather hurt the mom and pop 
American farmer than lose an opportunity to increase the size of 
Government and its meddling bureaucracies.
  It's time we realize that tobacco farmers aren't breaking the law so 
we should stop treating them like criminals.
  It's time we leave the small tobacco farmer alone and let them get on 
with making a living. These newly imposed tobacco regulations are not 
going to stop one person from smoking, but they will hit rural 
communities across America with losses of thousands of jobs and 
dollars.

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