FDA Champions Youth In New Rule

Both of my parents smoke. Their brand of choice is Marlboro. Back in the day in the 1980s my parents took advantage of the "Marlboro Mile" program to accumulate free knick-knacks with the Marlboro logo on it. My parents spent so much money on cigarettes and we were poor. Why not fill the house with free Marlboro mugs and other accoutrements? We had every conceivable item, including Marlboro logoed camping tents that we pitched in the living room. Every day I had an added reminder that cigarettes existed. I was given the message that smoking and heavy smoking won you cool stuff.

I didn't pick up smoking, but my other siblings did. Only one of my siblings has broken free of the habit.

My family's experience is not an isolated one. Big Tobacco has its hooks in our youth, particularly our LGBT youth. Every day nearly 4,000 kids under 18 try their first cigarette and 1,000 kids under 18 become daily smokers. National youth smoking rates range from 28% to 35% for adolescents. The numbers are even bleaker for LGBT youth in California. Fully 43.7% of them smoke! LGBT youth smoke for so many reasons, principally out of a sense of alienation at being gay in an antigay world. The tobacco companies have pounced on LGBT youth insecurity and vulnerability in their marketing efforts at youth generally. It is a moral horror.

Enter the feds in white hats. Recently the U.S. Food and Drug Administration (FDA) issued a final rule banning numerous Big Tobacco practices impacting our youth. The rule is a creative and comprehensive effort to protect our youth that will save many LGBT youth as well from picking up the deadly tobacco habit.

Most of the rule reinstates a 1996 rule that was overturned by the U.S. Supreme Court in 2000. The Supreme Court stated that the FDA overstepped its powers because they did not have the authority to regulate tobacco. Congress licked that problem in 2009 with passage of the Family Smoking Prevention and Tobacco Control Act.

The FDA bans a good number of practices. They ban tobacco sales to minors, sales of cigarettes in less than 20-pack size, sample giveaways, and tobacco sponsorship of sports, music and other events. Those provisions were in the old 1996 rule and were in part adopted by the tobacco companies in the Master Settlement Agreement. The rule bans other things including sales of cigarettes and smokeless tobacco in vending machines and self-service displays, music and sound effects in audio tobacco ads, and sale or distribution of items like hats and t-shirts with tobacco brands or logos. A controversial part of the rule is the mandate that most tobacco advertising and labeling be displayed only in black text on a white background. The tobacco companies have rushed to sue over this provision. Stay tuned.

Let's hope the FDA's action will be but one step in the fight against Big Tobacco's targeting of our youth. Then we can send that Marlboro camping tent and the bag of "goodies" inside of it to the wilderness.

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Butt Out is a project of Breathe California, funded by the San Francisco Tobacco Free Project, which works to get tobacco money out of LGBT community organizations in San Francisco. We also educate the public about the hazards of smoking and about smoking cessation.