Clinton believes that a war against tobacco will be a political winner–not just in his family but in millions of households. Last week he laid down the biggest government challenge to cigarette manufacturers since the 1964 surgeon general’s report that linked smoking to lung cancer. Calling it a"pediatric disease" on the order of polio and smallpox, the administration vowed to reduce tobacco use among an estimated 3 million minors by 50 percent within seven years. Under a series of proposed rules, the Food and Drug Administration (FDA) would bar sales to teenagers under 18 and require retailers to check for photo ID as proof of age. The plan would prohibit vending-machine sales, bar outdoor advertising within 1,000 feet of schools or playgrounds and permit only black-and-white text ads in magazines with heavy teenage readership. The industry would also have to spend at least $150 million a year on anti-smoking educational campaigns aimed at minors.
Tobacco companies and their allies in Congress instantly condemned the proposal as an outrageous abuse of government authority. Philip Morris senior vice president Steve Parrish denounted FDA Commissioner David Kessler as the leader of “an anti-smoking cabal” inside the agency. Manufacturers, who say they are working on their own to discourage underage smoking, vowed a legal fight that could keep the rules off the books for years.
But the White House is betting that it can prevail. The FDA wants to classify cigarettes as medical devices that deliver nicotine to the human body. Its argument is bolstered by voluminous evidence that the industry has long been aware of nicotine’s addictive properties–a charge the industry denies. The agency has also assembled an alarming body of research about the growth of smoking among children (up 30 percent among eighth graders) and their vulnerability to cigarette advertising. One recent study says that more 6-year-olds can identify Joe Camel than Ronald McDonald.
As a political venture, Clinton’s move won’t be hazardous to his health. Anti-smoking sentiment is now squarely in the cultural mainstream. Polls show widespread support for a crackdown on the tobacco industry’s come-ons to adolescents. The president’s reelection prospects in big Southern tobacco-producing states–he won only two, Tennessee and Kentucky, in 1992–are long gone anyway. And aides know bashing tobacco will play well in health-conscious, vote-rich California. Nor will Democratic coffers suffer much. The industry gave nearly six times as much money to Republicans in the 1994 elections. Strategist Dick Morris, who has pushed Clinton to stake out issues that define him more sharply, strongly favored the idea. Vice President Al Gore, whose sister died of lung cancer, prefaced his comments in meetings by saying he wasn’t objective–and then argued for a tough stance.
The anti-tobacco offensive caps months of backstage manuevering. Last spring the industry and its congressional supporters grew nervous as the FDA prepared its case. Fearing that the new rules would eventually lead to a total ban on cigarettes, they began negotiations with the White House on a legislative compromise. The administration was willing to deal; aides preferred a new law to the often-protracted FDA rule-making process. Officials say they were close to an accord, but the two sides couldn’t resolve several sticking points, including the government’s insistence that glitzy “point of sale” displays in stores be restricted. Clinton wouldn’t compromise; he was particularly swayed by The Journal of the American Medical Association, which devoted its entire July 19 issue to the health implications of smoking. “It’s hard to argue with this,” he told senior aides.
Still, negotiations continued to the last minute. White House officials first said that Clinton would unveil the plan during a speech in North Carolina on Wednesday. When he held back, aides implied that he didn’t want to embarrass Southern Democrats in the heart of tobacco country. In fact, the administration was still seeking a deal. But talks broke down for good after Clinton returned from Charlotte that night. Word of the first industry lawsuit reached the White House the next day as Clinton rehearsed his announcement with aides. Gore immediately declared victory. “They’ve done you a huge favor,” he told Clinton. “They put the spotlight on you.”
The White House has a long way to go before it will be able to steer teens away from smoking. While the matter is in the courts, the FDA has no authority. By filing suit in North Carolina, the industry is counting on a sympathetic hearing in tobacco’s backyard. Even if the FDA wins the court case, critics say enforcement of the new rules would be spotty. It would be left to the FDA’s understaffed inspection arm, the industry itself and local authorities who seldom enforced state statutes against teen smoking. And adolescents themselves, predictably, bridled at the president’s message, saying they would make their own decisions without his help. In the end, the administration can gain points for picking a fight with an unpopular industry, but it may not do much to stop kids from smoking.
Bar cigarette sales to those under 18; require ID check
Prohibit vending-machine and mail-order sales
Limit outdoor advertising within 1,000 feet of schools
Ban brand-name sponsorship of sporting events
Permit only all-text cigarette ads-for publications whose readers are under 18
