Psychological Research Cited in Federal Tobacco Rule

In late August, President Clinton recognized APA and psychological research as being influential in the final U. S. Food and Drug Administration (FDA) regulation, aimed at reducing teen use of tobacco products. APA had submitted comments, in response to an FDA request, supporting the rule that would restrict the sale and distribution of tobacco products to minors. APA's comments were reviewed with over 700,000 pieces of mail received by the FDA on this issue.

On August 23, 1996, President Clinşton announced the publication of the final FDA rule. In the summary of comments published in the August 28, 1996, Federal Register, the FDA acknowledged APA: 'The American Psychological Association provided expert opinion, with specific citation to numerous studies, to show that tobacco advertising plays directly to the factors that are central to children and adolescents and, thus, plays an important role in their decision to use tobacco' (Federal Register, Vol. 61, No. 168, p. 44488).

The final rule makes it a federal violation to sell cigarettes and smokeless tobacco to anyone younger than 18 years of age. Other major provisions of the rule prohibit free samples and give-aways, confine vending machines and self-service displays to places accessible only to people 18 and older, limit advertising to black and white text in magazines with a significant teen readership, ban billboards within 1,000 feet of schools and public playgrounds, and prohibit the use of cigarette and smokeless tobacco logos on all non-tobacco promotional items (e.g., t-shirts).

The final FDA rule does not require the tobacco industry to fund a public education campaign discouraging children from using tobacco products. APA had strongly supported a public education campaign, although advised against allowing the tobacco industry to direct such a campaign.

The tobacco industry, in strong opposition to the FDA rule, has threatened to challenge the rule in court. Supporters of the tobacco regulations fear that deal cutting between the tobacco interests and states to settle existing lawsuits and protect the tobacco industry from future liability could weaken the FDA's oversight. The Public Policy Office, as a member of the Coalition on Smoking or Health, is continuing to monitor challenges to the FDA rule and threats to FDA's jurisdiction over youth access to tobacco products.

Chris Hartel, PhD, APA Assistant Executive Director for Science, stated, 'It was clear from the publication of the proposed regulations that APA members wanted psychological data to play a role in any sort of policy formation on youth and tobacco. We are very gratified that the FDA acknowledgd and recognized the expertise of psychologists in deciding how to tackle the multifaceted problem of children using tobacco.'

APA gratefully acknowledges its members who contributed to the drafting of the APA comments. Ellen Greenberg Garrison, PhD, coordinated and wrote the APA comments with substantial contributions from members of Divisions 8 (Personality and Social Psychology), 9 (Society for the Psychological Study of Social Issues), 23 (Consumer Psychology), 27 (Society for Community Research and Action), 28 (Psychopharmacology and Substance Abuse), 38 (Health Psychology), and 50 (Psychology of Addictive Behaviors).