March 3, 2000

United States House of Representatives
United States Senate

Dear Representative or Senator:

ENACT is a coalition of more than 50 national organizations dedicated to reducing the death and disease caused by tobacco use. Tobacco use remains the leading preventable cause of death in the United States. It is responsible for more than 400,000 deaths every year -- more than 1,100 deaths every day. Every tobacco-related death is preventable. We write to you today to urge action on tobacco control in the second session of the 106th Congress.

Despite the states’ settlements with the tobacco industry and the exposure of industry documents demonstrating decades of tobacco industry deceit, tobacco use among children continues at historically high levels. The ENACT coalition calls on this Congress to take action to curtail the national epidemic of tobacco-related death and disease and to protect our nation’s children from tobacco.

Our priorities include:

Funding for Tobacco Prevention at the Centers For Disease Control and Prevention (CDC) Adequate funding of the tobacco-related research and state initiatives of the CDC are critical. We urge Congress to increase funding for this tobacco prevention work at the CDC to $130 million. CDC plays a leadership role in implementing and coordinating state-based efforts and is focused on preventing initiation among youth and promoting cessation. States that are planning to commit tobacco settlement funds to tobacco prevention have requested considerable technical assistance from CDC as they seek to develop comprehensive and effective state programs. States such as Florida and Mississippi that already have comprehensive programs in place relied considerably on CDC’s expertise. Funds for tobacco prevention at CDC are also used to maintain a comprehensive database of smoking and health information and conduct laboratory work regarding the dangers of nicotine and other toxic compounds in tobacco.

Funding for the Department of Justice (DOJ) Lawsuit Against the Tobacco Companies

In September 1999, the Attorney General announced the filing of a federal lawsuit pursuing recovery of the federal government’s tobacco-related health costs, estimated at more than $20 billion annually. The Justice Department has the statutory duty to pursue claims to recover such expenses. The suit alleges that tobacco companies have conspired since the 1950s to defraud the American public. In FY 2000, the President requested $20 million in additional DOJ funding for pursuing the lawsuit. While leaving intact the Department’s authority to conduct the lawsuit, Congress failed to provide the additional funding. For FY 2001, additional funds will be needed to analyze the government’s damages and potential claims and to acquire and organize the collection of evidence. ENACT strongly urges Congress to adequately fund continuation of the DOJ lawsuit against the tobacco companies.

Funding for the Food and Drug Administration (FDA) Youth Access to Tobacco Provisions ENACT supports $39 million in funding for enforcement of the FDA youth access to tobacco regulations. The majority of the current $34 million in funding is given directly to state governments to conduct compliance checks to help prevent the illegal sale of tobacco products to children. FDA sponsored an estimated 189,000 compliance checks in FY 1999. The preliminary violation rate for retailers has been approximately 25 percent, ranging from a low of 11 percent to a high of 43 percent. These results demonstrate that frequent and active enforcement is necessary. ENACT calls on Congress to provide $39 million for FDA enforcement to reduce illegal sales of tobacco products to children.

Regulating Tobacco Through FDA

In August 1996 the Food and Drug Administration (FDA) asserted jurisdiction over cigarettes and smokeless tobacco under the drug and device provisions of the Food, Drug, and Cosmetic Act. It was an action long overdue. The major tobacco companies filed lawsuits to challenge FDA’s authority to regulate tobacco, and the case is now pending before the Supreme Court. A decision by the Court is expected by this summer.

The Food, Drug, and Cosmetic Act provide FDA with the authority to regulate a wide array of consumer products including foods, drugs, medical devices, and cosmetics. The FDA’s authority permits it to regulate products intended to affect "the structure and function of the body." Internal tobacco industry documents show that major tobacco companies have researched and understood the effects of nicotine and have deliberately designed their products to have these effects.

Should the Supreme Court affirm the FDA’s jurisdiction over tobacco, Congress should support this ruling and implementation of it by FDA, and Congress should resist any effort to overturn that decision or weaken FDA’s authority.

In the event that the Supreme Court strikes down FDA’s jurisdiction over tobacco products, Congress should take action to provide the FDA authority to oversee tobacco products and tobacco manufacturers. Congress should fulfill its responsibility in this area just as it requires the regulation of other drugs, devices and consumer products.

Affirming FDA authority over tobacco would not subject tobacco products to more intensive governmental scrutiny than other products, but would simply apply the same kind of regulatory oversight to tobacco products that already applies to all other legal and less harmful products consumed by Americans. The FDA is the only government agency that can provide comprehensive oversight of all aspects of tobacco products. All other federal agencies lack the authority and expertise to assure effective oversight of tobacco products.

Youth Smoking Assessments

Youth smoking assessments establish targets for reductions in youth smoking rates and impose financial assessments against tobacco companies if the targets are not reached. A provision creating youth smoking assessments was supported by the tobacco industry as part of the June 1997 settlement agreement negotiated between the industry and the states.

ENACT supports youth smoking assessments legislation, such as that proposed by the President in his FY 2001 budget, as an effective way to reduce youth smoking rates. The threat of a financial assessment of $3,000 per youth smoker would provide an incentive for tobacco companies to cease marketing to youth and assist in efforts to curb youth access to tobacco.

Cigarette companies claim they no longer market to kids. But their actions contradict their words. They know their marketing appeals to underage audiences. They continue to advertise extensively in magazines with large numbers of youth readers even though they could easily reach adult smokers through ads in other publications with fewer underage readers. Similarly, the tobacco companies continue to oppose a range of measures that would restrict youth access to tobacco such as eliminating vending machines sales, requiring cigarettes be kept behind the counter at stores, and restricting tobacco sales by mail and over the Internet.

Youth smoking assessments hold the tobacco companies accountable for the impact of marketing its products to children. It holds the tobacco industry accountable for what it does, not what it says.

Tobacco Tax Increase

ENACT supports the Administration’s call for an increase in the tobacco excise tax of 25 cents per pack of cigarettes. The Institute of Medicine of the National Academy of Sciences and a National Cancer Institute panel have both stated that increased tobacco prices may be the single most effective deterrent to tobacco use. Research indicates that every 10 percent increase in the price of cigarettes will reduce overall cigarette consumption by approximately three to five percent and will reduce the number of kids who smoke by about seven percent.

Addressing Internet Sales of Tobacco Products

Internet tobacco sales have grown exponentially. There are now more than 40 websites selling cigarettes on the Internet. Some industry experts are predicting that 20 percent of all U.S. tobacco sales will be through the Internet within 10 years. The ENACT coalition is deeply concerned about this trend because there is not a reliable system in place to verify the age of the buyer and children are clearly gaining access to addictive tobacco products through the Internet. The ENACT coalition believes that Congress should take action to ensure that the Internet is not used to circumvent state and federal laws governing the sale and distribution of tobacco products.

As organizations committed to reducing the death and disease caused by tobacco use, we stand ready to work with you to assure that this Congress adequately addresses the issues outlined above and fulfills its responsibility to protect the nation’s children from a lifetime of addiction and disease.

Sincerely,

Members of the ENACT Coalition