Federal judge says FDA can regulate tobacco

But advertising curbs struck down

In this story:

• FDA to limit youth access
• Anti-smoking advocates jubilant
• White House orders appeal
• Tobacco companies to appeal as well

April 25, 1997
Web posted at: 2:45 p.m. EST

GREENSBORO, North Carolina (CNN) -- A federal judge Friday affirmed the U.S. Food and Drug Administration's authority to regulate tobacco, but said it could not dictate the content of the industry's advertising.

In a 65-page ruling, U.S. District Judge William Osteen rejected the tobacco lawyers' contention that Congress hadn't given the regulatory agency authority over tobacco.

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A L S O Press release from tobacco companies on Friday's ruling

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Former FDA Commissioner Dr. David Kessler was quick to hail the ruling. "This is an enormous victory for public health," he said. "The FDA has jurisdiction. The issue on advertising is a technical, legal issue. But the FDA has jurisdiction. That's historic. For the first time in 30 years, the FDA can regulate."

Former FDA Commissioner Dr. David Kessler:
	"An historic landmark decision. . ." (31 sec./401K AIFF or WAV sound)
	"The FDA has jurisdiction. . ." (29 sec./300K AIFF or WAV sound)

FDA to limit youth access

In essence, the decision gives the FDA the right to move ahead with its regulations that limit youth access to cigarettes. However, the opinion bars the agency from imposing curbs on advertising in publications aimed at children. The FDA had also wanted to drastically limit billboard advertising and cigarette displays.

Regulations requiring a federal age limit for purchase are already in effect, and the judge says they should remain in effect until any appeals are exhausted.

"Although FDA has the authority ... to impose access restrictions and labeling requirements on tobacco products, FDA lacks the authority to restrict their advertising and promotion," Osteen wrote in his 65-page decision.

He based his decision on his interpretation of the Food, Drug and Cosmetic Act, which established the FDA. "The court finds that tobacco products fit within the FDCA's definition of 'drug' and 'device,'" Osteen wrote.

Anti-smoking advocates jubilant

Mississippi Attorney General Michael Moore called the ruling "a big victory." "I think it'll put us in a better bargaining position all around," he said, in ongoing settlement talks between the tobacco industry, plaintiffs' lawyers and attorneys-general from 24 states including his own.

Mississippi Attorney General Michael Moore:
	"Jurisidiction of the FDA over this product . . ." (7 sec./82K AIFF or WAV sound)

And Sen. Frank Lautenberg, a New Jersey Democrat, said, "It's a great day. The tobacco industry can't even win on their home court." North Carolina is one of the country's leading tobacco-producing states.

White House orders appeal

The White House said after the ruling that federal attorneys would file an appeal on the advertising question.

Friday marked "a historic and landmark day," a statement from President Clinton read. "With this ruling, we can regulate tobacco products and protect our children from a lifetime of addiction and the prospect of having their lives cut short by the diseases that come with that addiction."

However, Clinton's statement said, "The Solicitor General has informed me that an appeal would be appropriate for that part of the rule not upheld, and I have directed that an appeal be filed." Asking people for a photo ID to prevent underage cigarette purchases was "just common sense," the statement said, as was "keeping tobacco billboards away from schools and playgrounds."

Tobacco companies to appeal as well

Tobacco industry attorneys indicated they would contest part of the judge's ruling as well. "The court noted that the industry can contest those factual assertions as the case proceeds -- and we will," the tobacco companies said in a joint statement.

Charles Blixt, an attorney with RJR Tobacco Co., said they were pleased that the judge sided with them in the advertising issue. "We're disappointed the court did not find as a matter of law that the FDA has absolutely no jurisdiction over tobacco products," Blixt said.

Special section:

• Tobacco under attack

CNN Plus:

• Tobacco settlement Message Board
• Fitness and Health - Smoking

Related stories:

• FDA wins some authority to regulate tobacco - April 25, 1997
• Tobacco trials' timeline - April 25, 1997
• Tobacco talks end amid optimism - April 21, 1997
• Negotiator: Money not main objective in tobacco talks - April 20, 1997
• As smoking goes passe in U.S., Third World lights up - April 16, 1997
• FDA tobacco regulations debated in court - February 10, 1997
• Tobacco industry, FDA set to square off in court - February 9, 1997
• Florida allows racketeering charge for tobacco companies - December 13, 1996
• Feds defend right to regulate tobacco - December 2, 1996

Related sites:

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• FDA
• RJR Nabisco Shareholder--Direct - R.J. Reynolds Tobacco Company information
• Brooke Group, Ltd. Home Page - Brooke Group is a holding company which owns Liggett Group Inc.

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