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OCR Page 1 of 50The reduction turgets are 100 low Earlier this month, the Senate Labor Committee voted
on A bipartisan basis to require tobacco companies to reduce youth tobacco use by 80%
over 10 years. The McCain draft has far lower goals, requiring only a 60% reduction in
cigarette use and only a 45% reduction in smokeless tobacco use
Insufficient Price Increase The draft bill requires a $1.10 per pack price increase that is phased
in over 5. years. This price increase is less than the $1.50 price increase that the Administration
has sought and that is included in many other bills, including the Kennedy bill (S. 1491), the
Conrad bill (S. 1638), the Lautenberg bill (S. 1343), the Fazio bill (HR 3474), and the soon-to-
be-introduced Harkin-Chafee bill. Moreover, the gradual phase-in of the price increase over 5
years will undermine its effectiveness.
Weak Environmental Tobacco Smoke Provisions, The ETS provisions in the draft bill are
substantially weaker than those adopted 4 years ago in the Waxman subcommittee. The MoCain
draft has new exemptions and allows tobacco-friendly states to opt-out of any ETS protection at all
(pp. 109, 14). Despite the positive experiences-in states and hundreds of cities, restaurants are
exempted from smoke-free requirements. In effect, these provisions are a step backwards.
Reneal of FIFDA Authority to Require Expanded Health Warnings Under current law, FDA has
broad authority to require warnings on cigarette advertisements. For example, FDA can require
tobacco warnings that are as detailed as those required for prescription drugs. In the MoCain draft,
this authority is eliminated FDA cannot require warnings that exceed 20% of the size of an
advertisement (p. 79). In addition, FDA can no longer require ingredient disclosure on the face of
advertisements (p. 87).
Ineffective Document Disclosure Provisions. The document disclosure provisions in the
McCain draft allow the industry to keep secret all "trade secrets," regardless of their importance to
public health The definition of "trade secret" is broadly defined to include "any commercially
valuable" information (p. 155). Under this sweeping definition, few of the important documents
that have emerged in the Minnesota litigation would be disclosed to the public.
Failure to Provide for Sufficient Oversight of Future Conduct. While the bill includes an
accountability board to oversee future industry behavior, it is essential that this oversight board be
given basic investigatory authorities (such as subpoena authority) that are necessary for
discovering and disclosing future industry wrongdoing The McCain draft omits these elementary
investigative authorities.
Failure to Allow Significant State and Local Regulation When the Federal Cigarette Labeling
and Advertising Act was passed over 30 years ago, the tobacco industry obtained broad federal
preemption of state and local tobacco control measures. The McCain bill fails to repeal these out-
dated preemption provisions.
Failure to Cover Cigars and Other Tobacco Products. Recent studies have shown that cigar
use by teemagers is surging due to the industry's campaign to associate cigars with success and
glamour. Given these trends, cigars and other tobacco products should be included in any
comprehersive tobacco control legislation, not excluded as in the McCain draft (p. 23).
3.03
19:25 86. 03 rew
Fax :6122974036
MN ATTY GENERAL
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