Student Well-Being

FDA Plan To Ban Tobacco Sales to Minors Upheld

By Jessica Portner — May 07, 1997 2 min read
  • Save to favorites
  • Print

The federal Food and Drug Administration may regulate tobacco products but cannot restrict the industry’s advertising or promotional campaigns that many critics charge are directed at children, a federal judge has ruled.

In the April 25 decision in U.S. District Court in Greensboro, N.C., Judge William L. Osteen ruled--in the first such finding by a court--that tobacco products, which contain nicotine, are drug-delivery devices and can be regulated by the federal government.

Only days later, the U.S. Supreme Court declined to hear a case challenging two 1994 Baltimore ordinances banning billboard advertising of alcohol and cigarettes.

Judge Osteen’s decision lets stand the FDA’s plan to impose a national prohibition on cigarette sales to minors. It grants the agency authority to require retailers to check the photo identification of persons younger than 27 who buy cigarettes. The court also left intact FDA regulations that mandate warning labels on cigarettes and bar cigarette vending machines from facilities frequented by minors.

“This is a historic and landmark day for the nation’s health and children,” President Clinton said in a statement.

Administration officials were disappointed, however, that the court chose to strike down FDA rules that would have limited advertising and marketing of tobacco products to minors. The judge blocked the FDA ban that would limit billboards within 1,000 feet of schools and playgrounds. He also rejected the government’s plan to restrict print publications with a substantial number of young readers from running color ads.

Plans To Appeal

While tobacco companies applauded the judge’s decision not to curtail their marketing, they said they would fight the decision that grants the FDA regulatory power over their products. “This is going to be a long haul,” said Peggy Carter, a spokeswoman for the R.J. Reynolds Tobacco Co. in Winston-Salem, N.C.

The FDA is also planning to appeal the decision in an effort to reinstate the advertising restrictions. The administration was buoyed, meanwhile, by the Supreme Court’s April 28 announcement that it would not review the Baltimore case.

The high court’s action cleared the way for Baltimore to remove ads in certain areas of the city. Lawyers for the city said the move is intended to protect children from “any inducements to drink and smoke.”

The Baltimore case has emboldened the country’s largest city to curtail further cigarette advertising. Last week, the speaker of the New York City Council proposed barring cigarette ads on billboards, placards, and any other publicly visible sign located within 1,000 feet of a school, playground, or day-care center.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being What’s Really Holding Schools Back From Implementing SEL?
Principals see their schools as places that promote students' social-emotional growth.
4 min read
Vector of a professional dressed in a suit and tie and running in a hurry while multitasking with a laptop, a calendar, a briefcase, a clipboard, a cellphone, and a wrench in each of his six hands.
iStock/Getty
Student Well-Being What This School Used as the Main Ingredient for a Positive Climate
When systemic and fully integrated, the practice has the power to reduce bad behavior and boost teacher morale, experts say.
10 min read
Carrie White, a second-grade teacher, makes a heart with her hands for her student, Tyrell King-Harrell, left, during an SEL exercise at Yates Magnet Elementary School in Schenectady, N.Y., on March 28, 2024.
Carrie White, a 2nd grade teacher, makes a heart with her hands for her student, Tyrell King-Harrell, left, during an SEL exercise at Yates Magnet Elementary School in Schenectady, N.Y., on March 28, 2024.
Scott Rossi for Education Week
Student Well-Being The Surprising Connection Between Universal School Meals and Student Discipline
Giving all students free school meals can help nurture a positive school climate by eliminating the stigma around poverty.
6 min read
Third graders have lunch outdoors at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022.
Third graders have lunch outdoors at Highland Elementary School in Columbus, Kan., on Oct. 17, 2022.
Charlie Riedel/AP
Student Well-Being SEL Could Move Into School Sports. What That Might Look Like
Massachusetts is considering a bill to establish guidelines on how school athletics incorporate SEL.
5 min read
A middle school football team practices Wednesday, Sept. 28, 2022, in Oklahoma City.
A middle school football team practices in Oklahoma City in 2022.
Sue Ogrocki/AP