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HomeMy Public PortalAboutResolution 1315~/ ~ . S /' -'~ RESOLUTION NO. 1315 1~rom the Office of Richard A. Rock Village President Whereas, each day, more than 5,000 kids try their first cigarette and each day more than 2000 become regular daily smokers, and that means that more than 750,000 kids become new regular daily smokers each year, and Whereas, roughly one-third of these regular smokers will eventually die from atobacco- related disease, and Whereas, almost 90 percent of adult smokers began at or before age 18, and Whereas the cigarette companies spent over $8.2 billion in 1999 on advertising and promotion campaigns--more than $22.5 million every day and 86 percent of youth (12- 17) who smoke prefer Marlboro, Camel, and Newport -the three most heavily advertised brands, and Whereas, a study published in the Journal of the National Cancer Institute found that teens are more likely to be influenced to smoke by cigarette advertising than they are by peer pressure, and Whereas, smoking rates for students in grades 9-12 increased from 27.5 percent in 1991 to 34.8percent in 1999, and at the same time, smoking rates far African_American male students increased from 14.1 percent to 21.8 percent, and Whereas, cigarettes kill more than 400,000 Americans every year, more deaths than from AIDS, alcohol, car accidents, murders, suicides, drugs and fires, and Whereas, according to Center for Disease Control statistics, the addiction rate for smoking is higher than the addiction rates for marijuana, alcohol or cocaine, and Whereas, the Supreme Court, in a 2000 ruling, said that "tobacco use, particularly among children and adolescents, poses perhaps_the single mast significant threat to public health in the United States" while invalidating FDA rules governing tobacco products due to Congressional inaction, and Whereas, FDA control over tobacco products would ensure that the same scrutiny is given to cigarettes, cigars and smokeless tobacco as to other products like macaroni and cheese, and Whereas, H.R. 1097, introduced by Representatives Ganske, Dingell and Waxman, would give the U.S. Food and Drug Administration jurisdiction over the labeling, sale and marketing of tobacco products, therefore Be it resolved that the members of the Village of Plainfield urge the United States Congress to immediately pass H.R. 1097 establishing FDA authority over tobacco products, and further 530 W. Lockport Street Suite 206 Plainfield, IL G0544 Phone (815) 436-7093 Pax (815) 43G-1950 Web www.plainfield-il.org ,.~~ ,;~ Be it resolved that a suitable copy of this resolution be sent to all members of the Illinois Congressional delegation. Passed this 21 day of January , 2002. Village Clerk Approved this 21 day of , 2002. age Presi e ATTBST: C~.x.t.~ 1 January 23, 2002 Honorable Susan Janik Village of Plainfield 530 West Lockport Street Lockport, 1 L 60544 Dear Ms. Janik, On behalf of the Campaign for Tobacco Free Kids, our health partners at the American Heart Association, American Lung Association and the American Cancer Society, thank you for all your assistance in passage of resolution urging Congress to better regulate tobacco. Personally, I would like tct thank yoi~ tc~r your manner and "helpful" hints were truly appreciated. 1 would also appreciate if you. would forward of the resolution to your local Congressman and a copy to me. I hope that we will have an opportunity to work tog~;ther again. Cf you. have any questions, please give me a call at 773-23$-302$. Sincerely, ,. ~~~ MARY ORRISSEY--K~~NNY Campaign for Tobacco Free Kids-Illinois /o~c G ~' ~n~~~~~. NATIONAL CENTER FOR TOBACCO-FREE KIDS 1400 I STREET, NW SUITE 1200 • WASHINGTON, DC 20005 PHONE (202) 29E>-5469 EAX (202) 296-5427 www.tobaccofreekids.org CRITICAL ELEMENTS OF ANY LEGISLATION TO GRANT FDA AUTHORITY TO REGULATE OF TOBACCO PRODUCTS The need for legislation to grant FDA the authority to regulate tobacco products is a direct result of the Supreme Court's March 2000 decision that held that, under current law, the FDA does not have authority to regulate tobacco products. As a result of the Court's ruling, it is now up to Congress to grant the FDA the authority it needs to regulate tobacco products and to protect consumers of all ages from the harm caused by tobacco products. Any bill that grants the FDA authority to regulate tobacco products must address the critical, core elements described below. While such authority over tobacco products would be new for the FDA, the authority itself that such legislation would grant the FDA, would be comparable to its existing authority over other consumer products. Youth Access and Marketing. Legislation should grant FDA with authority regarding the sale and distribution of tobacco products, including access, advertising, and promotion. Adoption of Youth Access and Marketing Restrictions of the ] 99G Rule to Help Reduce Youth Tobacco Use. Legislation should incorporate the substance ofthe youth access and youth marketing restrictions adopted by the FDA so that the agency would not need to go through a new rulemaking process to implement them. Health Information Disclosure. Legislation should entitle FDA to receive all documents and information in the tobacco industry's possession relating to health effects of all tobacco products, nicotine and its effects on the body, addiction, marketing to children and its effects, and such other information that the HHS Secretary deems necessary to enable the FDA to protect the public health. "Public Health" Standard. The existing FDA standard for approving drugs and devices is whether there is a "reasonable assurance that a product is safe and effective." Because there is no such thing as a safe cigarette, legislation should create a new "protection of the public health" standard for all tobacco products that refers to reducing health risks to the American public. This standard would require consideration of whether a product change or new rule will reduce or increase tobacco use, including increasing the number ofnew users or decreasing the number who quit. Disclosure of Ingredients. Legislation should grant FDA authority to require the tobacco industry to provide a complete list of all tobacco ingredients and additives, by brand and by quantity, and the authority to require that this infornation be given to the public in a manner that does not disclose legitimate trade secrets. It should further provide FDA with authority to regulate the use of any ingredient or additive that is harmful or which contributes to the harmfulness of the product. Also, the burden should be placed on tobacco manufacturers to demonstrate that each ingredient and additive is safe in the quantity used under the conditions of intended use. Health Warnings. Legislation should grant FDA authority over health warnings on tobacco product packages and advertisements, including the power to revise and add health warnings and to alter their format, including, but not limited to changing their size, location, and color. Authority to Reduce or Eliminate Harmful Components. Legislation should grant FDA the authority to evaluate scientifically, and then through a rulemaking process, to decide whether to reduce or, where appropriate, eliminate the harmful and addictive components of all tobacco products in order to protect the public health. Health Claims and "Reduced Risk" Products. Legislation should grant FDA authority to encourage the development of products that reduce consumer health risks or serve as less harmful alternatives and the authority to evaluate scientifically whether new products are actually "less harmful" It also should provide FDA authority to prohibit or restrict directly or indirectly made: (1) unsubstantiated health claims; and (2) health claims that discourage people from quitting or encourage them to start using tobacco. Preemption. FDA authority should preempt state and local authority over tobacco products only to the extent that FDA authority with regard to other products it regulates is preemptive. FDA Authority over Tobacco Farms or Tobacco Growers. Legislation should make clear that FDA would not have authority over tobacco farms or tobacco growing. Routine Regulatory and Procedural Fairness. Legislation should subject tobacco products to the same standards or procedures that are applied to other FDA-regulated "drugs" or "devices." January 15, 2002 Honorable Richard A. Rock Village of Plainfield Trustees S30 West Lockport Street, Suite 206 Plainfield, IL 60544 Dear Mayor and Trustees, Thank you for the opportunity to address the Plainfield Village Board. Your help is needed now to stern an epidemic of smoking among our children. Every day 2000 children became regular smokers. In Illinois, almost 37% of high school senior girls smoke. One in three of these children will eventually die from smoking related illness. `The Campaign for Tobacco Free Kids is a national coalition of health, education, law enforcement and elected. officials who have come together to advocate for stronger tobacco control policies at the local, state and national levels. We are asking for your help. As an elected official, you can play a vital role in the fight against big tobacco by encouraging the students, teachers, school officials, local elected officials and Congressmen in your community to actively pursue anti-tobacco programs including tobacco prevention and. cessation programs and better federal oversight of tobacco ingredients and marketing. Your leadership will send a clear message that your community should. not allow the big tobacco companies to steal away our children's futures. Attached is information that provides background on the tobacco epidemic in Illinois. One issue is of particular importance... federal oversight of tobacco. In a March, 2000 decision on the issue, the LJ.S. Supreme Court found that "tobacco use, particularly among children and adolescents, poses perhaps the single most significant threat to public health in the United States" and that "Congress has clearly precluded the FDA from. asserting jurisdiction. to regulate tobacco products." Federal legislation (H.R. 10)7) gives the FDA oversight of tobacco products just like other products like macaroni and cheese. We need to urge our members of Congress to support this important legislation. I look forward to working with you and your staff on this very important issue. For more information you can visit the www.tobaccc~li•eekicis.o~r.s or w~~v.don~arcionbi~tobaca~.oi~ websites. Sincerely, ~ ~~~ Ma~Morrissey Campaign far Tobacco-Free Kids-Illinois 1-800-756-2445 (Tobaccop'r:.eKidslllinois(a~att.net) NATIONAL CENTER FOR TOBACCO-FREE KIDS 1400 I STREET, NW SUITE 1200 WASHINGTON, UC 20005 PHONE (202) 296-5469 FAX (202) 196-5427 www.tobaccofreekids.org THE TOLL OF TOBACCO IN ILLINOIS Tobacco Use in lllinois • High school students who smoke: 34,0"/e [Gins: 35.5% Boys: 35.8%] • High school males who use smoke{ass tobacco: 11.3°/. • Kids (under 18) who try cigarettes for the first time each year: 77,400 • Additional Kids (under 18) who become new regular, dally smokers each year: 33,900 • Kids exposed to second hand smoke at home: 773,000 • Percentage of workplaces that have smoke-free policies: 67.1% ° Packs of cigarettes bought or smoked by kids in lillnois each year: 43.4 minion • Adults in Illinois who smoke: 2Z.3% [Men: 24.9% Women: 20.0%] Acaording to the National Youth Tobacco Survey, 28.4% of all U.S. high school kids smoke and 11.6% of high school males use spit tobacco. National youth smoking rates have declined somewhat since 1997, but remain at historically high leveis. U.S. adult smoking rates have decreased gradually since the 198Ds, and 23.3% of U.S. adults currently smoke. maths in Illinois From Smakino • People who die each year in Illinois from smoking: 19,000 • Kids in the State who have lost at least one parent to asmoking-caused death: 12,000 • Illinois kids alive today who will ultimately die from smoking: 227,000 (If current trends continue) Smoking kills more people each year than alcohol, AiDS, car crashes, illegal drugs, murders, and suicides c in -- and thousands mare die from other tobacco-related causes, such as secondhand smoke, or smokeless tobacco use. No goad state-specific estimates are currently available, however, for the number of lllinois citizens who die from these other tobacco causes, or for the massive numbers who suffer from tobacco-caused health problems each year without actually dying. Tobacco-Re t d e a i Illinois • Annual health care expenditures in the state directly related to tobacco use: $3.0 billion - Residents' state and federal tax burden caused by tobacco-related health casts: $2.1 billion -- State Medicaid program payments caused by tobacco use: $560.0 million • Additional annual expenditures in lllinois for babies' health problems caused by mothers smoking ar being exposed to second hand smoke during pregnancy: $69 to $198 million Non-health costs caused by tobacco use include direct residential and commercial property losses from smoking-caused fires (more than $500 million nationwide); work productivity lasses from work absences, on-the-)ob performance declines, and early termination of employment caused by tobacco-related health problems ($40+ billion per year nationwide); and the costs of the extra cleaning and maintenance made necessary by tobacco smoke and tobacco-related litter (about $4+ billion per year nationwide for commercial establishments alone). Na goad state-specific estimates of these non-health costs are avaRable, but llAnois's pro-rata share, based on its adult-smoking population, is at least $1.7 bllEfon per year. o co In ust verti i a ther Prod mot o • Annual tobacco industry marketing expenditures nationwide: $8.4 billion ($23+ million per day) • Estimated portion spent in Illinois each year: $365 million Published research studies have found that kids are three times more sensitive to tobacco advertising than adults and are mare likely to be influenced to smoke by cigarette marketing than by peer pressure, and that one-third of underage experimentation with smoking is attributable to tobacco company marketing. Fac ors ffe t II' Tobacco Use R t a d Re ate man c om'c Costs • State per-capita 2000/2001 tobacco prevention spending; $2.40 (National rank: 20) • State cigarette tax per pack: 58¢ (National rank: 15) [States' average is 43¢ per pack] _ „~~ .. ,.. Anier~can HearC ~lSS~3Cl~ttUli~ Fiphting FGeart Uism~s~ anq $trok~ °~ ~~~ ~A* .' ANIER~CAN '' ~ LUNG t:, Assac~-TOOn~ WHAT DOES FDA REGULATION OF TOBACCO PRODUCTS REALLY MEAN? FD~4 REGULATION OF TOBACCO PRODUCTS MEANS... (1) PROTECTING KIDS, (2) PROTECTING PUBLIC HEALTH, (3) MORE'INFORMATION FOR CONSUMERS, AND (4) DECISIONS BASED ON SOUND SCIENCE. Limitin Marke#in and Sales of Tobacco Products to Children -Effective regulation of the tobacco industry would lower rates of tobacco use among children and adolescents by: (1) imposing limits on industry marketing, sales, and promotions, and (2) limiting where tobacco products can be sold sa as to limit access by children to tobacco products. Access to Tobacco Manufacturers Research -FDA authority over tobacco products would give the FDA and the public access to all the information the tobacco industry has on the health effects of their products, on nicotihe and its addictiveness, on marketing to children, along with any other information that would protect public health. Learning What Is In Tobacco Products -The public would have access to all information about the ingredients and naturally occurring elements in tobacco smoke known as "constituents", that tobacco manufacturers add to their products. Meaningful Warning Labels -The FDA would be able to require manufacturers to change the language, content and format of warning labels in order to make them more effective, science- based, and realistic about the risks of using tobacco products. Protectin Pubiic Health B Reducin Risks Where Technolo icall Feasible -The FDA would have the authority to require manufacturers to reduce or eliminate ingredients and naturally occurring "constituents"' that are known to be harmful to human health either by prohibiting their use or by reducing or eliminating them with a proven technology. Protectin Public Health B Overseein Introduction Of New "Reduced-Risk" Products - In evaluating new, "reduced-risk" tobacco products, the FDA would calculate whether ar not the introduction of such a new tobacco product would harm mare people than it helps. Anv Claims Must Be Evaluated For Scientific Accurac And Their Im act on Public Health -The FDA would have the authority to require tobacco manufacturers to prove any claims they make about the health risks (or alleged benefits) posed by their products (far example, statements that suggest lower risks of cancer, heart disease, etc...), both in terms of their scientific accuracy and their impact on public health. FDA's Authorit Com arable TO Other Consumer Products -The FDA's authority to regulate tobacco products, as well as its authority to pre-empt State laws, would be no different than its existing authority for food, drugs, and cosmetics. FDA Would Onl Be Able To Re ulate Manufacturers Not Farmers -FDA authority would be limited to tobacco manufacturers and their products, not to tobacco farmers. 11/12/01 FDA Tobacco Authority Amendments Act (Introduced in the House) HR 1097 IH 107th CONGRESS 1st Session H. R. 1097 To amend the Federal Food, Drug, and Cosmetic Act with respect to tobacco products, and for other purposes. IN THE HOUSE OF REPRESENTATIVES March 20, 2001 Mr. GANSKE (for himself, Mr. DINGELL, Mr. BALDACCI, Mr. BARTLETT of Maryland, Mr. BEREUTER, Mr. BLUMENAUER, Mrs. BONG, Mrs. CAPPS, Mr. DEFAZIO, Ms. DEGETTE, Mr. DOGGETT, Ms. ESHOO, Mr. EVANS, Mr. FRANK, Mr. GALLEGLY, Mr. GILMAN, Mr. GREEN of Texas, Mr. HANSEN, Mr. HINCHEY, Mr. HORN, Ms. KAPTUR, Mr. KIND, Mr. KUCINICH, Mr. LAFALCE, Mr. LEACH, Mr. LIPINSKI, Mr. LUTHER, Mrs. MALONEY of New York, Mr. MCDERMOTT,1VIr. MCGOVERN, Mr. MEEHAN, Mr. MORAN of Virginia, Mrs. MORELLA, Mr. NADLER, Mr. NETHERCUTT, Mr. OLVER, Mr. FALLONE, Mr. PAYNE, Ms. ROYBAL-ALLARD, Ms. SCHAKOWSKY, Mr. SNYDER, Mr. STARK, Mr. S'I'UPAK, Mrs. TAUSCHER, Mr. THOMPSON of California, Mr. UDALL of New Mexico, Mr. UNDERWOOD, Mr. WAXMAN, Mr. WEINER, and Mr. WELLER) introduced the following bill; which was referred to the Committee on Energy and. Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to tobacco products, and for other purposes. 13e it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the 'FDA Tobacco Authority Amendments Act'. SEC. 2. FINDINGS. The Congress finds as follows: (1) Tobacco products are addictive. (2) Such products cause over 400,000 deaths each year in the United States. (3) The Supreme Court has held that there is no congressional intent to provide the Food and Drug Administration with the authority to regulate tobacco products. (4) The Congress should amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with the authority to regulate tobacco products. SEC. 3. DEFINITIONS. (a) DRUG- Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(8)(1)) is amended by inserting after the first sentence the following: 'Such term includes nicotine in a tobacco product.'. (b) DEVICES- Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended by adding at the end the following: 'Such term includes a tobacco product.'. (c) OTHER DEFINITIONS- Section 201 of the Federal food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: '(kk) The term 'tobacco product' means any product made or derived from tobacco that is intended for human consumption.'. SEC. 4. AMENDMENTS TO CHAPTER V. (a) MISBRANDING- Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the follawing: '(u) In the case of a tobacco product, if it does not comply with a requirement under subchapter F.'. (b) CLARIFICATION OF AUTHORITY REGARDING ADVERTISING AND PROMOTION; EQUAL TREATMENT OF RETAIL OUTLETS- Section 520(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(e)) is amended by adding at the end the following: '(3) In the case of tobacca products: '(A) The restrictions on sale and distribution authorized by paragraph (1) shall include restrictions on advertising and promotion of tobacco products. '(B) The Secretary shall ensure that such restrictions are applied uniformly to all entities that make retail sales of tobacco products. Far purposes of the preceding sentence, such restrictions may not exempt or apply differently to retail establishments that predominantly or exclusively sell tobacco products.'. (c) PREEMPTION- Section 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended-- (1) in subsection (a), by striking 'Except as provided in subsection. (b)' and inserting 'Except in the case of tobacco products and as provided in subsection (b)'; and (2) by adding at the end the following: Tobacco Products ' (c) If the package or advertisement of a tobacco product is required to bear a warning under this Act, no statement relating to the use of the tobacco product and health, other than a statement required under this Act, may be required by any State or local statute or regulation to be included on any package or in any advertisement of such tobacco product.'. SEC. 5. SPECIAL PROVISIONS FOR TOBACCO PRODUCTS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: 'Subchapter F--Special Provisions for Tobacco Products 'SEC. 565. SPECIAL STANDARD FOR TOBACCO PRODUCTS. 'In the case of tobacco products, an action that is appropriate for the protection of public health shall be deemed to provide a reasonable assurance of safety and effectiveness. 'SEC. 566. WARNINGS REGARDING CIGARETTES AND SMOKELESS TOBACCO; REGULATIONS. ' (a) IN GENERAL- Not later than 18 months after the date of the enactment of this subchapter, the Secretary shall promulgate regulations to require warnings on cigarette and smokeless tobacco labeling and advertisements. The content, format, and rotation of warnings shall conform to the specifications described in Title IB of the Proposed Resolution entered into by the tobacco manufacturers and the State attorneys general on June 20, 1997. '(b) REDUCED-RISK PRODUCTS- No manufacturer of a tobacco product may state or imply in the labeling or advertisements of the tobacco product that the tobacco product presents a reduced risk to health unless the Secretary has determined that the tobacco product does present a significantly reduced risk to public health. '(c) SAVINGS PROVISION- Subsection (a) or (b) may not be construed as limiting the authority provided under other provisions of this Act with respect to tobacco products. 'SEC. 567. RULE OF CONSTRUCTLON REGARDING FARMERS AND RELATED ENTITIES. 'The provisions of this Act relating to tobacco products shall not apply to tobacco leaf that is oat in the possession of the manufacturer, or to the producers of tobacco leaf, including tobacco growers, tobacco warehouses, and. tobacco grower cooperatives, nor shall any employee of the Food and Drug Administration have any authority whatsoever to enter onto a farm owned by a producer of tobacco leaf without the written consent of such producer. Notwithstanding any other provision of this subparagraph, if a producer of tobacco leaf is also a tobacco product manufacturer or controlled by a tobacco product manufacturer, the producer shall be subject to this chapter in the producer's capacity as a manufacturer. Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves the production of tobacco leaf or a producer thereof, other than activities by a manufacturer affecting production. For purposes of the preceding sentence, the term 'controlled by' means a member of the same controlled group of corporations as that term is used in section 52(a) of the Internal Revenue Cade of 1986, or under common control. within the meaning of the regulations promulgated under section 52(b) of such Code.'. SEC. 6. VALIDATION OF FDA RULE. Effective one year after the date of the enactment of this Act, all provisions of the regulations related to tobacco products promulgated by the Secretary of Health and Human Services on August 28, 1996 (61 Fed. Reg. 446 1 5-446 1 8) shall take effect under authority of the Federal Food, Drug, and Cosmetic Act as amended by this Act. The Secretary shall amend the designations of authorities in such regulations accordingly. SEC. 7. GENERAL PROVISIONS. (a) ENFORCEMENT- Section 301 (21 U.S.C. 331) is amended by adding at the end the following: '(bb) The violation of any requirement under this Act relating to tobacco products.'. (b) ACCESS TO INFORMATION- Section 701 (21 U.S.C 371) is amended by adding at the end the following: '(i) To acquire information related to tobacco products, the Secretary may administer oaths and require the testimony of witnesses and the production of documents and other materials. The Secretary may disclose to the public information acquired under this subsection if the Secretary determines that disclosure is appropriate to protect public health.'. SEC. 8. REPEALS. Effective on the date the regulations described in section S66(a) of the Federal Food, Drug, and Cosmetic Act take effect-- (1)the Federal Cigarette Labeling and Advertising Act (1 S U.S.C. 1331 et seq.), other than sections 6, 8, 1.0, and 11, is repealed; and (2) the Comprehensive Smokeless Tobacco Health Education Act of l 986 (1 S U.S.C. 4401 et seq.), other than sections 3(f), S, and. 6, is repealed.