SMOKING LAWS

CHICAGO -- Three recent political and judicial events have adversely
affected the ability of local authorities to impact the youth smoking
epidemic.

The McCain bill in the Senate, which proposed a comprehensive tobacco
regulatory policy, was defeated in a procedural vote.

The Chicago ordinance to ban tobacco and alcohol advertising on billboards
was overturned in a legal challenge.

In North Carolina, a federal judicial panel rejected a lower court ruling
concerning the Food and Drug Administration's ability to regulate the
tobacco industry.

Each of these adverse rulings can be traced to Congress' failure to protect
the public from the dangers of tobacco. Too often, old legislation--riddled
with pre-emption loopholes--defeats new regulatory efforts. These loopholes
are exactly what the tobacco industry loves. It prevents local government
and the FDA from protecting the public health.

The ultimate hypocrisy is the tobacco industry's massive campaign against
tobacco taxes. In fact, addicting children to nicotine forces them to pay a
tax directly to the tobacco companies for the rest of their lives. The
tobacco industry consciously markets to children because it generates
significant revenue and renews the population of smokers. Unfortunately,
children do not realize the lethal and addictive consequences of tobacco
and nicotine.

Congress must clear the air once and for all. The Illinois Coalition
Against Tobacco, headed by the American Heart and American Lung
Associations, has been on the front lines advocating for FDA regulations.
Congress must:

- - Pass proper legislation allowing the FDA regulatory authority over the
tobacco industry.

- - Undo prior legislation, which prohibits local authorities from properly
regulating tobacco within their own jurisdictions.

Sam Gidding, M.D., Chairman, Illinois Coalition Against Tobacco

Checked-by: Joel W. Johnson