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. 
                                                        
T97-48                         Ivy Fleischer Kupec: 301-443-3285
Sept. 26, 1997                 
                               Consumer Hotline:    800-532-4440
                               
 
    FDA-STATE PARTNERSHIPS TO PROTECT CHILDREN FROM TOBACCO

     The Food and Drug Administration (FDA) has contracted with
the last six of 10 states to enforce FDA's new regulation that
prohibits retailers from selling cigarettes and smokeless tobacco
products to children under 18.  Those six states include: 
Massachusetts, California, Minnesota, Arkansas, Pennsylvania and
Colorado. 
     Under these contracts, states will conduct between 200 and
330 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 their individual states.
     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.
     The tobacco industry and others challenged the FDA role in
court, and 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 and authorized the agency to enforce the
minimum age and photographic identification provisions while the
decision is being appealed.  The case is currently pending with
the Fourth Circuit Court of Appeals.
     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.
     FDA also contracted with Florida, Washington, Illinois and
Texas earlier this year to enforce the tobacco regulation. 
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