Date: Friday, Feb. 27, 1998
FOR IMMEDIATE RELEASE
Contact: FDA Press Office(301) 827-6242 SAMHSA Press Office (301)443-8956

HHS Launches New National Campaign To Help Stop Tobacco Sales to Children; Announces Progress in Implementing Synar Amendment

Vice President Gore and HHS Secretary Donna E. Shalala today launched a major national education campaign designed to help reduce illegal sales of tobacco products to children. The campaign, developed by the Food and Drug Administration, begins in the State of Arkansas on the one-year anniversary of the effective date for the FDA's tobacco rule, and will expand to 10 additional states this spring.

The FDA rule makes it a federal violation to sell cigarettes or spit tobacco to anyone younger than age 18 and requires retailers to ask for photo identification from anyone younger than 27.

"This bold, new outreach campaign is an important part of this Administration's comprehensive strategy to prevent youth tobacco use," said Vice President Gore. "To finish the job we need comprehensive tobacco legislation this year that will prevent youth tobacco use in the long term."

"While we work toward comprehensive tobacco legislation, we will continue to use all of the tools at our disposal to prevent youth tobacco use," said Secretary Shalala. "This fresh, inventive campaign reinforces the message that tobacco sales to children are illegal."

In addition, the Vice President and Secretary Shalala announced progress by the Substance Abuse and Mental Health Services Administration in implementing the Synar Amendment, legislation that requires states to monitor retailer compliance to ensure they prohibit tobacco sales to children.

Under the Synar Amendment, states are required to conduct random, unannounced inspections of a representative sample of the state's tobacco vendors to assess their compliance with state access laws. States that fail to meet the goal of reducing violation rates to no more than 20 percent can lose a percentage of their federal Substance Abuse Prevention and Treatment Block Grant funds.

To enforce the rule, states have enlisted youth volunteers in each state to conduct undercover compliance checks, accompanied by state officials. SAMHSA announced today that more than 60,000

retail establishments have been inspected since the final Synar regulation was enacted in 1996. Four states -- Florida, Maine, New Hampshire and Washington -- have already met the retailer compliance requirements set by the law. Three more states -- Delaware, Rhode Island and Vermont -- are scheduled to meet the goal in 1999. The remaining states are expected to achieve these results between 2000 and 2003.

The FDA and Synar rules are two important, complementary parts of the Clinton Administration's comprehensive strategy to prevent illegal sales of tobacco to underage youth.

FDA's educational campaign features radio, print, and billboard advertisements, as well as eye-catching materials for retailers to display in their stores. The material uses humorous illustrations and messages to remind retailers, clerks and customers about the law and the retailer's risk of fines. In addition, the FDA campaign is designed to encourage customers to cooperate with retailers who are trying to comply with the law.

The advertisements were designed by Arnold Communications, Inc., a leading national advertising agency based in Boston, Massachusetts. The agency was awarded nearly $7 million to place these ads in at least one media market in every state that signs a contract with FDA to enforce the rule.

The materials were tested in focus groups, and FDA will assess the impact of the advertising campaigns with pre-market and post-market tracking studies to ensure that the advertisements are being heard and remembered by the target audiences.

Education campaigns will be run in ten additional states this spring: California, Colorado, Florida, Illinois, Massachusetts, Minnesota, North Carolina, Pennsylvania, Texas and Washington. These states already have signed compliance contracts with the agency. FDA is now evaluating contracts with 10 more states and expects to have the advertising campaign in all 50 states by the end of the year.

FDA published its final rule on tobacco on Aug. 28, 1996. The provisions limit access by children and adolescents to tobacco products and work to reduce the appeal these products have for underage smokers. On April 25, 1997, the Federal District Court in Greensboro, N.C., ruled that FDA has jurisdiction under the Food, Drug and Cosmetic Act to regulate nicotine-containing cigarettes and smokeless tobacco products. The court upheld all restrictions involving youth access and labeling, including the two provisions that went into effect Feb. 28, 1997, but overturned the advertising provision. The case is currently on appeal.

Note: HHS press releases are available on the World Wide Web at: http://www.hhs.gov.

When Will States And Jurisdictions Reach The 20-Percent Target?
This table summarizes state baseline violation rates of tobacco sales to youth and the year in which each state is expected to reduce its violation rate of tobacco sales to minors to 20 percent or less, a rate set by law. In federal Fiscal Year (FFY) 97, four states - Florida, Maine, New Hampshire, and Washington - were already at or below 20 percent, based on data reported in the state's 1997 Substance Abuse Prevention and Treatment (SAPT) Block Grant application. By FFY 99, three more states - Delaware, Rhode Island, Vermont - are targeted to reach the 20-percent goal. Sixteen additional states are targeted to reach the 20-percent goal by FFY 2000. Based on current targets, all states will have achieved the 20-percent goal by FFY 2003. Some jurisdictions will not achieve the 20-percent goal until 2004.

Note: The FFY in this table refers to the SAPT Block Grant application year in which the results are officially reported. The data reflect compliance requirements met in the previous fiscal year.

[Text Version]

Today	STATE 20	Percent
(FFY 97 Baseline)		(FFY)
35.0 %	Alabama	2000
34.3 %	Alaska	2000
56.0 %	Arizona	2001
*	Arkansas	*
29.3 %	California	2000
41.3 %	Colorado	2000
69.7 %	Connecticut	2002
29.3 %	Delaware	1999
42.3 %	District of Columbia	2001
7.2 %	Florida	1997
48.0 %	Georgia	2001
44.5 %	Hawaii	2001
56.2 %	Idaho	2001
43.5 %	Illinois	2001
39.0 %	Indiana	2001
40.1 %	Iowa	2000
63.0 %	Kansas	2002
*	Kentucky	*
72.7 %	Louisiana	2002
16.7 %	Maine	1997
54.3 %	Maryland	2001
30.3 %	Massachusetts	2000
40.7 %	Michigan	2001
30.2 %	Minnesota	2000
40.0 %	Mississippi	2001
40.3 %	Missouri	2000
*	Montana	*
39.0 %	Nebraska	2000
*	Navada	*
15.7 %	New Hampshire	1997
44.4 %	New Jersey	2001
30.0 %	New Mexico	2000
38.0 %	New York	2000
49.7 %	North Carolina	2002
*	North Dakota	*
34.0 %	Ohio	2000
48.3 %	Oklahoma	2001
*	Oregon	*
55.6 %	Pennsylvania	2001
30.0 %	Rhode Island	1999
35.0 %	South Carolina	2001
31.0 %	South Dakota	2000
62.9 %	Tennessee	2002
*	Texas	*
35.0 %	Utah	2000
27.5 %	Vermont	1999
43.6 %	Virginia	2000
19.8 %	Washington	1997
37.0 %	West Virginia	2000
46.8 %	Wisconsin	2001
42.0 %	Wyoming	2001
46.7 %	American Samoa	2001
60.0 %	Guam	2002
	Marshall Islands
57.9 %	Micronesia	2001
95.1 %	Northern Marianas	2004
90.0 %	Palau	2004
90.7 %	Puerto Rico	2003
34.6 %	Virgin Islands	2000

* Seven states (Arkansas, Kentucky, Montana, Nevada, North Dakota, Oregon, and Texas) had legislatures that did not meet in 1993 or 1994. Congress granted these states one extra year (delayed applicability) to develop baseline rates and negotiate targets. SAMHSA expects that all states will achieve the 20- percent goal by 2003.

Because of financial difficulties and difficulties in identifying outlets, the baseline rate for the Marshall Islands is being revised.