Loading...
HomeMy WebLinkAbout8.1 FDA RegulCigaretteSale&Ad ",. ~ CITY CLERK File # D~~[Q]-I61[Q] . .' AGENDA STATEMENT CITY COUNCIL MEETING DATE: NOVEMBER 14, 1995 SUBJECT: Request by the American Lung Association to adopt a City Council . resolution in support of proposed FDA regulations regarding cigarette sales and advertising Report Prepared by: Steve Honse, Administrative Assistant EXHmITS ATTACHED: 1. / Letter from the American Lung Association dated 10/12/95 . 2. ( Fact sheet regarding the FDA plan to reduce youth smoking 3. / Resolution supporting the FDA plan to reduce smoking among children through the regulation of tobacco products 4. / Editorial from the San Francisco Chronicle dated 10/19/95 ,.. 1,ri5. / Editorial from the New York Times dated 10/24/95 (~ ' Consider RECOMMENDATION: FINANCIAL STATEMENT: Adoption of a resolution in support of the proposed FDA plan would impose no cost upon the City. Should the FDA plan be adopted, it is likely that any enforcement would be done through federal regulatory agencies and would impose no direct costs upon the City. :. DESCRIPTION: The American Lung Association (ALA) has requested that the Dublin City Council adopt a resolution expressing support for the FDA's proposed regulation of cigarette sales and advertising. Currently, the proposed regulations are in the public comment period. The ALA is seeking resolutions of support from various cities, including Dublin, so that they can be offered in support of the FDA plan. The Clinton administration has proposed a comprehensive plan to reduce smoking among children by 50 percent. The proposed plan is to be implemented by the FDA through the regulatory process. The plan will eliminate certain marketing and advertising practices which are believed to disproportionately affect children. These regulations, outlined below, would be administered on a national level in order to establish minimum nation-wide standards. As proposed, the federal program would not preempt any city or state from imposing stricter standards. On January 10, 1994, the Dublin City Council adopted Ordinance 2-94 which amended Title 5, Chapter 56 of the Dublin Municipal Code related to smoking pollution control. This ordinance, among other things, .-----~------------------------------------------------------------ prohibited certain marketing practices such as the distribution of tobacco samples, and the sale of cigarettes . from vending machines. The proposed FDA regulations will prohibit these marketing practices on a national level. Additionally, the FDA plan will prohibit mail order sales, self-service displays, and the sale of individual cigarettes or packs with fewer than 20 cigarettes. As with all aspects the FDA plan, these regulations would be administered on a national level. .\ In addition to restricting marketing practices, the FDA plan prohibits advertising practices that the FDA believes to be especially effective towards children. These practices include the distribution of tobacco- logo merchandise and the exchange of merchandise for tobacco proof-of-purchase coupons. The program would ban all outdoor advertising within 1,000 feet of schools and playgrounds and eliminate the use of color advertisements on all outdoor advertising, point-of-sale advertising, and in certain publications that meet a 15 percent or 2 million youth reader threshold. As previously stated, the goal of the FDA plan is to reduce smoking among children by regulating marketing and advertising. This plan can be distinguished from existing state laws and City ordinances. For example, A.B. 13 restricts smoking in workplaces and in commercial settings, but has little effect on the availability of tobacco to children and their exposure to tobacco advertisements. The FDA plan does result in redundancies as applied to the'City of Dublin. For example, the City has already banned sales from cigarette vending machines and prohibits the distribution of free samples. However, the FDA plan is much broader. The City does not, and probably cannot, effectively regulate advertising and marketing. In sum, if the regulation of tobacco advertising is appropriate, existing laws and ordinances are inadequate to achieve that goal. Should the Council adopt this resolution in support of the FDA plan to reduce youth smoking, staff should be instructed to forward copies of the resolution to the following addresses: e: Dockets Management Branch (HFA-305) Food and Drug Administration, Room 1-23 12420 Parklawn Drive Rockville, MD 94612 American Lung Association of Alameda County Serena Chen 295 27th Street Oakland, CA 94612 (The American Lung Association will forward copies of the resolution to the President of the United States, Representative Baker and Senators Feinstein and Boxer.) t: 95 - 27tJl S trCcl . >akland, CA 4612 hone: (510) 893-5474 'ax: (510) 893-9008 .~ .' . ".ou Can't .r ~o":"'.:.,; Else 1atterse } Prinl~d on r~ryc/~d po~r / (.<- U...;).....s~ \ 1= AMERICAN LUNG ASSOCIATIONe of Alameda County RECE!~ '\~ ~-j b .i Oct. 12, 1995 OCT 1 3 1995 CITY OF l.J~ I --.... The Honorable Guy Houston City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mayor Houston, We need your help in demonstrating community support for reducing youth access to tobacco products. Just a few years ago, the Dublin City Council voted to ban cigarette vending machines and free tobacco giveaways. Now the federal government is following your lead and considering regulating cigarette sales and advertisements for the fIrst time. The FDA (Food and Drug Administration) is soliciting public comment on their plans to regulate the impact of tol;>acco and tobacco advertising on young people. (see enclosed) We believe that city councils can send a strong message to the federal government by passing a resolution in favor of the FDA regulations. These resolutions in conjunction with letters from concerned parents and adults and children will encourage our national leaders to take.a stand for the health of our children against the known consequences of tobacco use. The deadline for public comment is Nov. 9. Please take a few moments on your agenda to pass a resolution (sample enclosed) and send it to: Dockets Management Branch (HFA-305), Food and Drug Administration, Rm. 1-23, 12420 Parklawn Drive, Rockville, MD 20857. If you send a copy to: Serena Chen, American Lung Association of Alameda County, 295 27th St., Oakland, CA 94612, we will make sure that the President and Senators Feinstein and Boxer will also receive copies. Please call Philip MacDonald or Serena Chen at 893-5474 for more information and assistance. Sincerely, Tim Hassler ----. . 1 ent, Boaro""O flXHIBlIT 1 When You ~'t Breathe, Nothing Else Matters. FACT SHEET FDA PLAN TO REDUCE YOUTH SMOKING .~ The Clinton Administration has proposed a comprehensive plan to reduce smoking among children by 50 percent. The plan builds on previous actions taken by Congress, states and local communities to ban television advertising and to prohibit the sale or use of tobacco by children. It is supported by the American Lung Association, American Heart Association, American Cancer Society, the American Medical Association and many other organizations. The proposal: Reduces easy access to tobacco by children . Bans cigarette vending machines . Eliminates mail order sales, free samples, self-serviee displays, and sales of single cigarettes ("Ioosies") and packs with fewer than 20 cigarettes ("kiddie packs"). Reduces appeal of tobacco products to children . Bans outdoor advertising within 1,000 feet of schools and playgrounds. Permits .black and white text only advertising for all other outdoor..advertising, including billboards, signs inside and outside buses, and all point-of-sale advertising. . Permits black-and-white text only advertising in publications with significant youth readership (under 18). (Significant readership means more than 15 percent or more than 2 million. No restrictions on print advertising below these thresholds.) .:i . Prohibits sale or giveaway of products like caps or gym bags that carry cigarette or smokeless tobacco product brand names or logos. Prohibits exchange of non- tobacco products for proof of purchase of tobacco products. . Prohibits brand name sponsorship of sporting or entertainment events, but permits it in the corporate name. . Requires industry to fund ($150 million annually) a public education campaign to prevent kids from smoking. Does not preempt state control . The Food & Drug Administration proposal does not preempt tougher state actions to reduce access of tobacco products to minors. . This aqion does not affect any clean indoor air, excise tax, tort reform or any. . other issues, and activity should proceed on these fronts..,.. :I: AMERICAN LUNG ASSOCIATION. I of California EXHIBIT 2: RESOLUTION NO. - 95 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ... ... ... ... ... ... ... ... ... SUPPORTING THE PLAN TO REDUCE SMOKING AMONG CHILD:tp:N THROUGH REGULATION OF TOBACCO PRODUCTS WHEREAS, tobacco use is responsible for the death of more than 400,000 people every year in the United States including 40,000 people in California, and is the number one cause of disease and death; and WHEREAS, every day in California, 300 children become smokers; and WHEREAS, children can easily buy cigarettes from vending machines, over-the-counter sales and mail-in coupons even though it is illegal; and WHEREAS, an estimated one billion packs of cigarettes are sold to minors under the age of eighteen in the United States; and WHEREAS, the State of California as well as many Cities and counties have enacted ordinances to reduce illegal tobacco sales to minors and conduct public education efforts to discourage tobacco use among children; and WHEREAS, President Clinton has proposed a comprehensive plan to reduce by 50 percent smoking among children and adolescents by limiting access to tobacco products, reducing the appeal of cigarettes and by instituting a nationwide public education campaign; and . WHEREAS, the President's proposal is supported by respected health organizations including the American ..... . Lung Association, American Heart Association, American Cancer Society and the American Medical Association. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin supports President Clinton's comprehensive plan to reduce smoking by children; and BE IT FURTHER RESOLVED that the City of Dublin send a copy of this resolution to the Food & Drug Administration (Dockets Management Branch, HFA-305, Food & Drug Administration, Room 1-23, 12420 Parklawn Drive, Rockview, MD 20857), the President of the United States, House of Representative Member.Bill Baker and U.S. Senators Barbara Boxer and Diane Feinstein. PASSED, APPROVED AND ADOPTED this _ day of , 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor .ArrEST: City Clerk H/cc-fonnslreso.doc K2/nov-9 5/resosmk2. doc L'" VR' i 1rB~! IT,' 3 ~;!J!..), / OCT-27-1995 09:52 AMER.LUNG/ALAMEDA A'6 ~ niURSDAY.oaoaElt 19. 1995 30 P.02/03 ~au jfrantiftf (!:'~ronittt THE VOICE OF'l'BE WEsT . EDITORIALS - Squelch Tobacco Ads COMING AS IT DO~ on the heelB of eVidence that tobacco ads specifically target young people. a. new !Study showing that marketing is the most power- ful influence on teen smokers provides po- tent grounda for regulation of cigarette ad- vertising. . The Food and Drug Administration has proposed oversight of cigarette marketing and sales by ban- ning cigarette \Tending machines. . requiring photo identification proof-of-age to buy tobaeco, permit- ting black-and- white texts-only - ads in pubUcatloll8, and prohibiting outdoor tobacco .." advertising near schools- and P~ygrounds. Despite cloiims by the tobacco industry that it doesn't aim ads at teens, a tobacco company memo written in 1973 that surfac- ed earlier th.is 1llonth indicated. otherwlSe. If the company is to prosper, the mento from a top tobacco official said, "We must Oigarette campaigns succeeded in creating young smokers get our share of the youth market. . .. We are presently, and I believe unfairly. con- strained from directly promoting cigarettes to the youth market.1t Unfortunately, the companies have Dot . been constrained enough. and their ad cam- paigns have been quite successful in creat- ing new, young smoke1'5. ' One study by researchers at the Univer- sity of California that was released this week: found that 1nterest in advertising and promotional gifts is a strong predictor of whether a young person Will smoke. Chil- dren aged 12 to 17 who had never smoked and showed a high susceptibility to Ciga.- rette ads were twice as likely to have start- ed smoking as those who bad a friend or relative who smoked.. A seeond study found that big promo- tional eampaigns by cigarette ttlanufactur- ers were correlated with increases in smok~ ing among youths aged 14 to 17. When in doubt, the inclination should be to opt for less government :inter- ference. But the tobacco companies leave no doubt they are working against the best health interests of American youth. And 'their p1"omises that they will regulate them- selyes ring hollow and belie past behavior. . . .. EXHIB;ET 11[. e" .: . OCT-27-1995 09:53 AMER.LUNG/ALAMEDA 30 P.03/03 EDITORIALS/LE1TE~S rUESDAy, OC-r:o.BBR 24, 1995 ij!l)t NtUt tJ~k ~untS . , Hoo~ng Teen-Age Smokers The Clinton Administration's efforts to regulate the sale of cigarettes to children have been bol- stered by recent research findings on advertising and by revelations about cigarettes' content. ,WhIle the tobacco industry denies that it tar- gets teen-agers, new stul11es snow that tobacco advertising is more powerful than peer pressure in getting young people to take up smoking, a habit that for many becomes a lifetime addiction. The likelihood of such addiction is enhanced by the fact that many companies add ammonia-based com- pounds to their cigarettes, thereby increasing the potency of the nicotine that a smoker inhales. This double whammy - appealing to wInerable young- sters and serving up an enhanced dose of nicotine - practically guarantees that new crops of cigarette addicts will continue to be raised. . Most smokers pick up the habit in childhood and adol~cence 8Jld become addicted within a few years. Those who manage not to use tobacco prad- . ucts by age 18 are highly unlikely to start smoking (juring adulthood. Two new studies suggest that teen~agers are. highly susceptible to cigarette ads. According to cancer researchers at the University of California at San Diego. clever tobacco ad campaigns have resulted in an increase in the number of 14-to-I7- year..olds who become regular smokers. The Virgin- ia Slims campaign. which targeted women in the 1960's, tor example, was fonowed by an increase In smoking among teen-age girls. EV@D if hooking teen-agers was not the intent of the tobacCQ ads, the companIes nave ample evidence Of the effect. In a. $~pa.rate study. the researchers found that advertising and marketing were more influential in persuading teen-agers to smoke than were peers or family members. Marketing campaigns. ine1uding T-shirt giveaways, make even non-smoking teen~ agers more receptive to the idea of smoking. That is tragic. Of every 3,000 children who begin smolting each day, 1,000 will die a tobacco-related death. 'A report in The, Wall Street Journal last week, based on internal reports from Brown & Williamson Tobacco Corporation, suggested that ammonia-re- leasing chemicals added to tobacco make nicotine more powerful because it is absorbed into the bloodstream more quickly. Cigarette makers say the ammonia is added to enhance flavor and body, not to increa"e the amount of nicotine ab:;orbed. But if it turns out that the manufacturers are deliberate- ly enhancing nicotine's effect on' the body, the discovery w1lI help Justl!y the Food and Drug Ad- ministration's efforts to regulate cigarettes as drugs - and keep them away from teen-agers. E~HU3,IT 5