FDA
TALK PAPER

Food and Drug Administration
U.S. Department of Health and Human Services
Public Health Service 5600 Fishers Lane Rockville, MD 20857
FDA Talk Papers are prepared by the Press Office to guide FDA personnel in responding with consistency and accuracy to questions from the public on subjects of current interest. Talk Papers are subject to change as more information becomes available. 


                                                        
T97-37                         Ivy Fleischer Kupec: 301-443-3285
July 31, 1997                  
                               Consumer Hotline:    800-532-4440
                               
 
     FDA-STATE PARTNERSHIP TO PROTECT CHILDREN FROM TOBACCO

     The Food and Drug Administration (FDA) has contracted with
the State of Texas to enforce FDA's new regulation that prohibits
retailers from selling cigarettes and smokeless tobacco products
to children under 18.
     Under the contract, the State of Texas will conduct
approximately 300 unannounced retail compliance checks each month
over the next eight months.   Fifteen and 16 year olds in typical
dress, accompanied by an adult, will attempt to purchase
cigarettes or spit tobacco in retail stores throughout the State
of Texas.
     Information about the compliance checks will be sent to FDA,
which will issue a warning for the first violation to retailers 
found selling to the adolescents.  These retailers will be
subject to repeat inspections.  FDA will seek a fine of $250 for
the second violation and greater fines for subsequent violations.
     The first provisions of FDA's final rule to protect children
from tobacco took effect Feb. 28, making age 18 the national
minimum age to purchase tobacco products and requiring retailers
to check photo IDs of anyone under age 27.  These measures are
part of a comprehensive program designed to reduce by half the
number of young people who smoke in the next seven years. FDA
published the final rule Aug. 28, 1996, with provisions that
limit access by children and adolescents to tobacco products and
reduce the appeal these products have for underage smokers.
     On April 25, the Federal District Court in Greensboro, N.C.,
ruled that FDA has jurisdiction under the Food, Drug and Cosmetic
Act to regulate nicotine-containing cigarettes and smokeless
tobacco.  The court upheld all restrictions involving youth
access and labeling, including the two provisions that went into
effect Feb. 28.
     Children and adolescents have long had easy access to 
tobacco products.  In 13 studies reviewed by the Surgeon General,
minors were successfully able to buy cigarettes 67 percent of the
time.
     In fact, 3,000 children and adolescents become regular
smokers every day, and nearly 1,000 will die prematurely from a
smoking-related disease.
     The State of Texas is one of 10 states with which FDA is
currently negotiating. FDA will use a portion of the $4.9 million
it has budgeted this year to assist states in enforcing the
regulation and to educate retailers and the general public on the
new provisions that went into effect in February.  President
Clinton recently requested $34 million for tobacco regulation in
his FY 1998 budget submission to Congress.  
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