U.S. FDA restricts tobacco marketing to kids

U.S. health officials on Thursday sought to clamp down on the marketing of cigarettes to children and teenagers, issuing national limits on vending machine sales, free samples and taking other steps after a failed attempt more than a decade ago.

Under the U.S. Food and Drug Administration rules, tobacco companies such as Reynolds American Inc and Altria Group Inc’s Philip Morris could no longer use brand names to sponsor sporting and other events or to sell merchandise such as hats and T-shirts.

The rules also limit advertising that could be seen by children to black-and-white formats, a contentious free-speech issue that has already been rejected by one court.

Such restrictions aim “to help reduce the appeal of tobacco products to young people,” the FDA said in a notice.

Officials last tried to curb tobacco marketing to youth in 1996. Those rules, issued under President Bill Clinton, were overturned when the Supreme Court ruled in 2000 that the FDA had overstepped its authority.

Various U.S. states have also restricted some aspects of tobacco marketing under a 1998 settlement with the industry.

This time the FDA is moving under a new law giving it oversight authority. President Barack Obama, a Democrat who has struggled to stop his own smoking, signed the bipartisan bill last year.

The new authority already faces a legal fight from some manufacturers, including Lorillard Inc, in a case that could eventually go before the Supreme Court.

Companies argue the restrictions are unconstitutional, but a U.S. District Court judge in January backed most limits except for those regarding text-only advertisements.

The FDA on Thursday said it filed an appeal last week over the color and graphics issues.

$35 MILLION A DAY

Health officials say smoking is no longer on the decline.

Tobacco use, which had been falling over the years, is now flat, according to the U.S. Centers for Disease Control and Prevention. About 20 percent of older teenagers and adults smoke, and 6 percent of younger teenagers use cigarettes.

Smoking has long been known to cause cancer, lung disease and other expensive, chronic conditions that can lead to death. Second-hand smoking also poses threats.

U.S. officials hope that by curbing the marketing of cigarettes and other tobacco products they can help prevent young people from taking up the habit.

Still, they face an uphill battle against an industry that according to the FDA spent nearly $13 billion in promotions in 2006, or roughly $35 million a day.

The new FDA regulations also call on manufacturers and retailers to be responsible for carrying out the provisions, although FDA spokeswoman Kathleen Quinn said the agency still has a “full range of enforcement tools” such as warning letters and fines.

Representatives of Reynolds, Lorillard and Altria had no immediate comment on the rules.

STILL EASY TO OBTAIN

While the FDA said Thursday’s rules are mostly identical to those issued in 1996 with some added exemptions, more data has come out over the years backing the need for more controls.

“Despite state laws preventing the sale of cigarettes to youth, many middle school and high school students continue to report that cigarettes are easy to obtain,” the FDA said. They were also more than twice as likely to be able to buy other tobacco products, it added.

With smoking rates leveling off and growing restrictions on smoking in public places, companies such as Reynolds and Star Scientific are shifting to newer tobacco products such as flavored, candy-like tablets that some experts worry may also entice children.

Separately, the FDA said it was also seeking information about highway billboards and other types of outdoor advertising to help it weigh possible action.

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By Susan Heavey

WASHINGTON (Reuters)

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