State officials react to proposed antismoking measure

Recent efforts by President Bill Clinton to curb underage smoking have left some opponents up in arms and others just scratching their heads.

The proposed measures, put forth by Clinton in early August, would declare nicotine an addictive drug and place it under the regulatory control of the Food and Drug Administration. In addition, Clinton has recommended banning cigarette vending machines and various types of advertisements commonly viewed by young people.

The advertising ban would apply to any advertising at sports events or other entertainment aimed at children, or within 1,000 feet of schools or hospitals. It would also prohibit any tobacco company from attaching its name to a sporting event, such as auto racing's Winston Cup or tennis' Virginia Slims tournament.

The proposed regulations are currently under a 90-day comment period, during which interested parties may voice their opinions to the agency. This period will end in November, at which time the FDA can formally adopt the measures.

The goal of the efforts is to reduce underage smoking by 50 percent over the next seven years, said Mitch Zeller, special assistant for policy at the FDA. North Carolina state law currently prohibits the sale of tobacco products to anyone younger than 18.

But the president's actions have come under fire from North Carolina officials, both Republican and Democrat alike.

"Washington's intentions are good, but its methods are misguided," said North Carolina Gov. Jim Hunt in a press release. "We do need to curb teen smoking. But we need to do it without another layer of government regulation."

Hunt said he favors increasing enforcement of existing laws. Hunt has pointed to campaigns such as the "Booze It and Lose It" campaign, which is targeted at reducing drunk driving, as models for a potential antismoking campaign.

If the measures are enacted, most analysts predict a small decline for the tobacco industry. FDA official Zeller said he expected a gradual impact over time, but also said that there remained a "large and legal" base of 50 million adult smokers that would not be affected by the regulations.

Some said they doubted whether the measures would achieve the desired effects.

"Prohibitions in general don't have much effect," said Robert Tollison, professor of economics at George Mason University. Tollison said that the regulations would shift underage tobacco sales to a black market and raise prices, which would only deter some smokers. "Markets have a way of defeating regulation," he said.

Neither will restrictions on advertising have much effect, Tollison said. "It's a red herring. It's flat irrelevant," he said.

But Zeller said that the evidence clearly shows that advertising encouraged underage smoking. The three most heavily advertised brands of cigarettes--Marlboro, Camel and Newport--are also the three most popular brands for underage smokers.

In addition to the measures currently under consideration, Zeller said the FDA may suggest other steps that it does not have the power to enforce, such as raising the excise tax on tobacco products or eliminating tax deductions that tobacco companies receive.

Some critics have also charged that federal officials have not sufficiently discussed potential actions with those in the tobacco industry. Zeller dismissed that claim, adding that FDA officials have met with Brown & Williamson, Phillip-Morris and R.J. Reynolds, the nation's three largest tobacco companies.

Whatever happens in November, Tollison predicts that the tobacco industry will not be seriously damaged by the regulations. "The industry's been under siege on every front, and they still do OK."