HHS NEWS

                                                        
P97-16                         Ivy Fleischer Kupec: 301-443-3285
June 12, 1997                  
                               Consumer Hotline:    800-532-4440
                               State of Florida:    904-922-8981
 
     FDA-STATE 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
enter into partnership with FDA.
     "With this contract, we're taking concrete steps to keep
tobacco out of the hands of kids," said Donna E. Shalala,
Secretary of Health and Human Services. "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
spit 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 part 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 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.
     "Florida and FDA are committed to working together in
fighting this pediatric epidemic of nicotine addiction," said
Michael A. Friedman, MD, 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 smoking-related 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.  
                              ####