Clinton to Propose Curbs on Teens’ Access to Tobacco : Health: Rules expected today would establish cigarette nicotine as addictive drug subject to federal regulation.

Administration officials said Wednesday that President Clinton will propose federal rules today to restrict teen-agers’ access to tobacco and, in doing so, for the first time establish nicotine in cigarettes as a dangerous addictive drug subject to federal regulation.

Clinton, speaking Wednesday to a Baptist convention in Charlotte, in the heart of tobacco country, denounced the rising rate of teen-age smoking as a “recipe for disaster” akin to violence and drugs. He called tobacco “one of the greatest threats to our children. And it’s rising.”

The landmark proposal, which could open the door to further curbs on tobacco, is expected to include prohibiting cigarette sales to those 18 or younger, enforced by requiring proof of age with photo identification. It would also include a ban on vending machines in places frequented by youths, outlawing free samples and other promotions, and sharp curbs on advertising designed to appeal to youngsters.

The Administration regulatory initiative almost certainly will provoke a legal challenge from the powerful tobacco industry and hostile action from tobacco’s friends on Capitol Hill.

“It will be up to the individual companies to make the decision, but it would not be surprising to see litigation result that would challenge [Food and Drug Administration] jurisdiction and defend our commercial free speech rights,” said Walker Merryman, vice president of the Tobacco Institute, an industry trade group.

The proposal was drafted by the FDA, which has spent the last 18 months methodically building a case to establish its jurisdiction over tobacco--or, more specifically, the nicotine drug in tobacco.

Agency officials believe that the FDA has the authority to regulate cigarettes as drug delivery systems because of the addictive nature of nicotine and because of evidence that agency officials believe proves that tobacco companies adjust levels of nicotine in their products to maintain smokers’ addiction.

Studies have shown that most of the estimated 40 million to 50 million American smokers began puffing before age 19. So FDA officials believe that a policy aimed at young people would greatly curb the number of smokers over time.

For several reasons, the rules would not go so far as to ban cigarettes altogether. Much as occurred with Prohibition, an outright ban would almost certainly be a political disaster and would fail, with black markets thriving.

Other approaches, such as requiring the slow reduction of nicotine levels in cigarettes to gradually wean smokers from their addiction, could not be put in place without more scientific studies that establish specific addictive levels of nicotine, which are likely to differ from smoker to smoker.

A late draft of the regulations, which outside analysts speculated could be altered by the White House at the last moment, included provisions:

* Restricting cigarette billboards to black-and-white type, with no illustrations or color that could attract children’s interest. Magazines that have 15% or more of their reader audience made up of children could carry cigarette ads in black-and-white text, also without illustrations.

* Barring outdoor advertising within 1,000 feet of a school or playground. Sporting events could no longer carry cigarette names, in the manner of the Virginia Slims women’s tennis tournament.

* Requiring the tobacco industry to fund a $150-million annual program to support anti-smoking education efforts.

* A rule requiring a photo ID for purchase of tobacco products.

The proposal does not include any funding to enforce the new requirements.

Sources said that the White House is considering a two-pronged approach that would include legislation as well as FDA regulation to ensure that its campaign against teen-age smoking would move forward and not become trapped in litigation.

Appearing before a convention of predominantly black Baptists here, Clinton noted that 3,000 young people daily begin smoking, “and nearly 1,000 of them will die prematurely as a result.”

“For more than a decade, even as adult smoking was dropping, the smoking rate among high school seniors did not go down,” he said.

“It’s just like the drugs and the gangs: The number of teen-agers who believe smoking is dangerous is dropping dramatically,” he added. “There’s a lot more peer approval. This also is a recipe for disaster.”

He acknowledged the importance of tobacco to North Carolina, saying that “there’s a lot of wonderful people in this country who make a living as tobacco farmers.” But, he added: “We cannot pretend that we’re ignoring the evidence, that one of the greatest threats to the health of our children is teen-age smoking, and it’s rising.

“If you wanted to do something to reduce the cost of health care, help over the long run to balance the budget and increase the health care of America, having no teen-agers smoke would be the cheapest, easiest, quickest thing you could ever do. . . ,” he said.

Sources said that the FDA would begin the rule-making process today, while the White House would offer an alternative legislative route that could accomplish the same goals.

To prod a recalcitrant Congress, which has been seeking to weaken the FDA’s authority in numerous other areas, the Administration would support legislation to supplant the federal rules, sources said.

Tobacco companies and tobacco-state lawmakers fear the FDA’s reach, saying that they believe that the agency’s agenda ultimately will lead toward curbing cigarette sales to adults.

As one White House aide said, tobacco supporters are “going to have to decide whether they want to go along with the legislation or risk regulation.”

The two-pronged strategy could benefit the White House in several ways, both as an incentive to Congress and as a powerful political issue for Clinton in 1996 if the rule-making process drags on.

Clinton plans to outline his decision in an Oval Office meeting with young people this morning, McCurry said. Then he will answer questions at a 10:30 a.m. PDT press conference.

Although Clinton asserted this week that the decision was not difficult, it has in fact sharply divided White House aides, who debated its political and public health consequences.

At the same time, tobacco-state politicians have continued a high-profile campaign to avoid federal regulation. North Carolina Gov. James B. Hunt Jr., a Democrat, met Clinton at the Charlotte airport for a second face-to-face chat on the subject, this one in the presidential limousine.

“We don’t need big government trying to run our lives,” Hunt told reporters.