Friends of Tobacco

Fall 1996

403 B East New Bern Road, Kinston, North Carolina 28501
Phone & Fax (919) 522-4769 *

Table of Contents

• Action Alert
  
  
• Clinton Declares War on Tobacco
  
  
• From the Chairman's Desk
  
  
• Cigar Retailers Enjoy Sweet Success
  
  
• Farm Chronicle Subscription Offer
  
  
• FDA to Regulate Tobacco Industry
  
  
• Tobacco Supporters Sponsor Racing Track
  
  
• Awards Banquet Held
  
  
• 'Friends of Tobacco' Enters the 21st Century
  
  
• Reply Form
  
  
• The Art of Tobacco
  
  
• Georgia Farmer Earns B&W Liberty Award
  

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• Reports to the People directly from Members of Congress in Washington.
  
  
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• Information on new products and where to get them.
  
  
• What's going on in the state of North Carolina that affects you and your business.
  
  
• Special Features on finance, furniture, recipes, NASCAR racing and more.
  
  
• Special Features on the latest success industries like CIGARS and CELLULAR PHONES.
  
  
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• Bans all outdoor advertising within 1000 feet of any playground, elementary school or secondary school (including signs on retail stores).
  
• Limits all other black and white background (except for advertising in certain 'adult' periodicals.
  
• Limits logo and brand names on race cars, driver uniforms, etc. to black-on-white format.
  
• Requires all cigarette advertising to carry a second warning statement, in addition to the Surgeon General's warning that is already required.
  
• Bans all cigarette advertising in any media not specifically enumerated in the proposed rule.
  
• Bans the use of tobacco brand names on non-tobacco products (e.g., T-shirts, caps, lighters).
  
• Bans brand name event sponsorship.
  
• Bans the distribution of free product samples, either in person or through the mails.
  
• Requires tobacco product manufacturers to undertake a $150 million-a-year TV-based national public educational effort to discourage persons under 18 from smoking.
  
• Gives FDA broad authority to pursue 'false or misleading' cigarette advertising and labeling, including 'omissions, lack of balance' and 'lack of substantive evidence.'

• Requires each package to display the word 'CIGARETTES' under the brand name in letters at least half as large.
  
• Bans all cigarette 'labeling' in any media not specifically enumerated.

• Bans vending machine sales.
  
• Bans self-service displays.
  
• Bans sale and distribution by mail.
  
• Bans sales other than from unopened packages.
  
• Bans sales of packages containing fewer than 20 cigarettes.

• Every person who furthers the marketing of cigarettes or smokeless tobacco products is a 'distributor' including presumably advertising agencies, publishers and outdoor companies.
  
• Ever 'distributor' is responsible for ensuring that the cigarettes or smokeless tobacco products it manufacturers, labels, advertises, distributes or sells comply with the proposed rules.
  
• Every manufacturer must remove from retail outlets all self-service displays, advertising, labeling and other manufacturer-owned items that do not comply with the proposed rules.
  
• Every manufacturer must conduct visual inspections, in the normal course of business, to ensure that retailers are complying with the proposed rules.
  
• Every retailer must check photo identification to ensure that no one who buys tobacco products in under 18.
  
• Every retailer is responsible for ensuring that all sales are 'direct, face to face' transactions.

• Failure to comply with any restriction or requirement in the FDA's proposal would result in 'misbranding' the cigarette brand(s) involved which is a prohibited act.
  
• Prohibited acts (e.g., violative advertising) may be enjoined by court action.
  
• Prohibited acts may be punished as misdemeanors without the requirement of mens rea (guilty intent); intentional acts and second offenses of the same offense are punishable as felonies.
  
• Misbranded articles (cigarettes or labeling) may be seized and condemned by the government.
  
• Administratively determined civil penalties may be assessed by the FDA for violations of the device provisions of the Act. in the amount of $15,000 per violation, and up to $1,000,000 for all violations joined in a single proceeding.

1. Vending machine sales are allowed in 'adult only' businesses.
   
2. Color and imagery in advertising allowed in 'adult only' businesses.
   
3. Mail order sales may continue.
   
4. Ban on all brand-name sporting events including NASCAR and sports teams.
   
5. Conduct a notification program warning those under age 18 of the 'unreasonable risk of substantial harm' from the tobacco instead of a $150 million annual anti-tobacco campaign funded by the manufacturers.

NAME:______________________________________________________________________

OCCUPATION:________________________________________________________________

COMPANY NAME_______________________________________________________________

ADDRESS:___________________________________________________________________

STATE:_________________________CITY:_________________________ZIP:__________

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