Keep after tobacco industry

Editorial Copyright 1998 Deseret News Augsut 18, 1998

Despite a significant legal setback, efforts to rein in tobacco must continue.

In a puzzling and disturbing decision, a federal appeals court by a 2-1 margin ruled that tobacco control is the business of Congress and not the Food and Drug Administration. The judges said the FDA was trying to create a national tobacco policy behind the backs of lawmakers.

President Clinton quickly and wisely moved to have the case re-tried before the entire appeals court in Richmond, Va. If that fails, he needs to push the case to the Supreme Court as rapidly as possible.

Letting the tobacco companies off the hook is not in the best interests of the nation and in particular puts the country's youths at risk. Smoking leads to serious health problems and, in many cases, premature death. According to health experts, 3,000 children start smoking every day and 1,000 of those will become addicted during their lifetimes.

Congress had a great opportunity to curb the tobacco industry the past year but squabbling resulted in no legislation.

A year ago last June, a $368 billion settlement was reached between the tobacco industry, state attorneys general and public health advocates. That settlement imposed immediate restrictions on the regulation of tobacco sales and marketing, including bans on outdoor advertising and Internet promotions, store displays and vending machines.

Cigarette companies would have paid for anti-tobacco advertising campaigns, fines would have been imposed on the industry if youth smoking did not decrease significantly and other penalties and restrictions would be assessed.

Unfortunately, lawmakers, looking to flex their muscles and obviously eyeing upcoming elections, ignored the agreement and instead tried to impose tougher penalties. The support of the tobacco companies for a settlement evaporated amid congressional chaos.

The tobacco industry lobby is a powerful one and a united effort by Congress, particularly after last week's court decision, is imperative to keep the tobacco companies in check. An intense public relations campaign by the tobacco industry helped to scuttle the Senate's tobacco bill in June, which would have given the FDA authority to regulate cigarettes.

Sen. John McCain, R-Ariz., who led the Senate's failed effort to produce a hard-hitting tobacco bill, is right when he says the court ruling makes it even more imperative that Congress pass legislation to deal with tobacco use, particularly as it affects youths.

We agree with McCain. Congress needs to pass legislation regarding tobacco use. The sooner the better. Failure to do so because of pettiness not only portrays Congress in a poor light but puts millions of youths at risk.

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