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Date: June 12, 1997
FOR IMMEDIATE RELEASE
Contact:  Ivy Fleischer Kupec: 301­443­3285, Broadcast Media: 301-827-3434, Consumer Hotline: 800­532­4440, State of Florida: 904­922­8981

FDA­State Partnership to Protect Children from Tobacco

The Food and Drug Administration (FDA) has contracted with the state of Florida to enforce FDA's new regulation that prohibits retailers from selling cigarettes and smokeless tobacco products to children under 18. Florida is the first state to ent er into partnership with FDA.

"With this contract, we're taking concrete steps to keep tobacco out of the hands of kids," said HHS Secretary Donna E. Shalala. "This approach should substantially reduce the number of teens who become addicted to tobacco."

Under the contract, Florida 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 spi t tobacco in retail stores throughout Florida.

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 18 the national minimum age to purchase tobacco products and requiring retailers to check photo IDs of anyone under age 27. These measures are p art of a comprehensive program designed to reduce by half smoking by young people 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 nicotine­containing cigarettes and smokeless tobacco. The court upheld all restrictions involving youth access and labeling, including the two provisions that went into effect Feb. 28.

"Florida and FDA are committed to working together in fighting this pediatric epidemic of nicotine addiction," said Michael A. Friedman, M.D., Lead Deputy Commissioner for the Food and Drug Administration. "Three thousand children and adolescents become regular smokers every day, and nearly 1,000 will die prematurely from a smoking­related disease."

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.

Florida 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 reach out to retailers and the general public and educate them 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.

Note: HHS press releases are available on the World Wide Web at: www.hhs.gov.