A Plan to Keep Kids From Smoking

In May, President Clinton spoke to a group of high school students in Woodbridge, N.J., about tobacco. The president directed some of his comments to the tobacco industry. “Join with us,” he said, “do not stay outside of and apart from this debate.”

The following week, Philip Morris U.S.A. and the United States Tobacco Co. accepted the president’s challenge. Together, we proposed federal legislation to address the issue of underage tobacco use.

This initiative builds on our commitment that minors should not use or even have access to tobacco products. We have offered this comprehensive plan in the hope that all sides in the debate will work toward our common goal: preventing underage tobacco use.

Everyone agrees that kids shouldn’t use tobacco. And reasonable people agree that adults should be able to make a personal choice about whether to smoke. Our proposal would make it impossible for anyone to legally obtain any tobacco product without a face-to-face transaction where age could be verified.

Our advertising is focused on adult smokers only and meant to influence their brand choices. We do not believe that advertising causes anyone, including minors, to start smoking. Nevertheless, we’re willing to accept new restrictions on our advertising and promotion in order to put politics aside and act now to address this problem. The legislative plan we have announced includes, for example, a ban on non-tobacco-related items, such as hats and T-shirts, that carry tobacco brand names. Also included are bans on mass transit advertising and outdoor advertising within 1,000 feet of elementary and secondary schools and public playgrounds and even a ban on vending machines.

The law that we want to see enacted would have tough regulation, oversight and enforcement measures at the federal and state levels. The Department of Health and Human Services would have oversight over sales and distribution restrictions, with enforcement by the Department of Justice and the states. The Federal Trade Commission, which has many years of experience in tobacco regulation, would enforce the advertising and marketing restrictions.

Tobacco manufacturers would be subject to fines of up to $50,000 for violations and would contribute $250 million over five years to help pay for enforcement and related programs.

Many of the elements of our proposal parallel those of the Food and Drug Administration, but do so without creating a huge new bureaucracy or unreasonably limiting the rights of adults to make their own choices. The FDA’s mission is to ensure the safety and efficacy of the nation’s food, drugs and medical devices, but it has said it would never find cigarettes “safe and effective” under food and drug laws. That is why we believe FDA regulation of tobacco raises the specter of new restrictions on sales to adults and eventually to prohibition of tobacco products.

We believe that only Congress can make such a monumental decision as prohibiting the sale of tobacco products to adults. The FDA does not and should not have that power. On more than 20 occasions, Congress has declined to give the FDA authority over cigarettes. And the FDA historically has taken the position that it does not have such authority--a position that the courts have upheld.

The president has stated his preference for a federal legislative approach over a long, complicated, contentious regulatory proceeding or years of litigation. As he put it, “We believe it’s better to have the companies come forward and ask for legislation, and the FDA has made perfectly clear that they will stop their efforts to impose regulations if we can have a joint agreement on a legislative solution.”

In rejecting our plan, some of our critics have revealed their true aim: using FDA regulation to create a “smoke-free society” where adults may not use tobacco. It’s time for more reasonable people to come together to fight underage tobacco use.

President Clinton asked the tobacco industry to propose a legislative solution to the youth smoking issue. We’ve put one on the table. It’s a serious, comprehensive plan with teeth. It can become law quickly, avoiding years of legal conflict. And it addresses the issue of underage tobacco use squarely and fairly, without unreasonably threatening the rights of adults.

One thing is certain: If we argue and delay, we will have problems, not progress. If we work together to fight the problem and not one another, we can make a difference. Let’s get started.