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

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
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
Artificial Intelligence Webinar
Teaching Students to Use Artificial Intelligence Ethically
Ready to embrace AI in your classroom? Join our master class to learn how to use AI as a tool for learning, not a replacement.
Content provided by Solution Tree

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 Download Traumatic Brain Injuries Are More Common Than You Think. Here's What to Know
Here's how educators can make sure injured students don't fall behind as they recover.
1 min read
Illustration of a female student sitting at her desk and holding hands against her temples while swirls of pencils, papers, question marks, stars, and exclamation marks swirl around her head.
iStock/Getty
Student Well-Being How Teachers Can Help LGBTQ+ Students With Post-Election Anxiety
LGBTQ+ crisis prevention hotlines have seen a spike in calls from youth and their families.
6 min read
Photo of distraught teen girl.
Preeti M / Getty
Student Well-Being Schools Are Eerily Quiet About the Election Results, Educators Say
Teachers say students' reactions to Trump's win are much more muted than in 2016.
6 min read
Republican presidential nominee former President Donald Trump greets Republican vice presidential nominee Sen. JD Vance, R-Ohio, at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
Republican presidential nominee former President Donald Trump greets Republican vice presidential nominee Sen. JD Vance, R-Ohio, at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
Evan Vucci/AP
Student Well-Being Student Journalists Want to Cover Politics. Not Everyone Agrees They Should
Student journalists are grappling with controversial topics—a lesson in democracy that's becoming increasingly at risk for pushback.
7 min read
Illustration of a paper airplane made from a newspaper.
DigitalVision Vectors