Tobacco Use Labeled ‘Pediatric Disease’

The U.S. government, defending its decision to regulate nicotine as a drug, on Monday branded tobacco use as a “pediatric disease” that inflicts most people in childhood.

The government characterized its position in response to a lawsuit by tobacco firms, who along with advertising agencies and convenience stores, sued the Food and Drug Administration last year. At issue is the government’s move to regulate nicotine and restrict the promotion and sale of cigarettes to young people.

The FDA rules describe cigarettes as a “delivery device” that administers nicotine.

Assistant Attorney General Frank W. Hunger, head of the Justice Department’s civil division, filed a brief in U.S. District Court in Greensboro, where the companies filed suit in August 1995. Four similar suits by cigarette makers, smokeless tobacco manufacturers, advertising agencies and convenience stores are being considered jointly.

The tobacco companies and other plaintiffs must file a rebuttal to the government brief by Dec. 23. Tom Lauria, a spokesman for the Tobacco Institute, the industry’s main lobby in Washington, declined comment on the brief.

The FDA rules were finalized in August and will be phased in over 18 months, beginning Feb. 28, 1997. They impose a national ban on tobacco sales to people under 18 years old and require that, if requested, purchasers show photo identification as proof of age.

The rules also ban cigarette ads in youth publications and on billboards near schools, restrict vending-machine sales, prohibit promotional giveaways and bar brand-name sponsorship of concerts and sporting events.