Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 13, 1995 TAG: 9510130038
SECTION: SPORTS PAGE: B-1 EDITION: METRO
SOURCE: BOB ZELLER STAFF WRITER
DATELINE: LENGTH: Long
The battle lines over the proposed Food and Drug Administration's tobacco regulations, including those aimed at the NASCAR Winston Cup series, have been drawn in Washington.
But this fight may be decided under the high ceilings of the old main federal courtroom in downtown Greensboro, N.C.
With the somber portraits of old judges staring down from the walls of that cavernous, oak-paneled courtroom, U.S. District Judge William Osteen will referee the legal fight as the nation's tobacco industry battles to keep the FDA from regulating the product.
The stakes are high. If the FDA wins, tobacco comes under the control of the federal agency, with far-reaching, multimillion-dollar implications, including dramatic changes in how tobacco companies can participate in sports marketing such as the sponsorship of NASCAR and its teams.
R.J. Reynolds Tobacco Co. pours tens of millions of dollars into motor racing sponsorships each year. The company doesn't reveal figures, but estimates have put its investment in NASCAR at $10 million to $50 million a year. RJR's involvement stretches from the Winston Cup series all the way back through NASCAR's weekly short-track series at small raceways around the country.
But new restrictions may be inevitable.
``It's just because of societal changes,'' said driver Kyle Petty, who supports RJR but sees the legislation as unavoidable. ``I think society as a whole is saying, `We don't want this anymore. If you guys want us to get off your backs, you're going to have to change.'
``I would hope that we can race for the Winston Cup for another 25 years under the rules the way they are now, '' Petty said, ``but I don't see that being a possibility.''
Uncommon ground
In Washington, about the only thing both sides agree on is that the FDA's effort to regulate tobacco is a new and different challenge to the tobacco industry.
Anti-smoking forces believe the tobacco industry may finally have a fight it can't win, while the tobacco industry is stridently confident it can beat the FDA, either in court or in Congress.
So confident, in fact, that the tobacco lobby to this point has not rallied behind the congressional supporters who have taken up the fight in Congress.
``We aren't taking a position on any congressional legislation until we understand better what is going to be proposed from various congressmen,'' said Tom Lauria, spokesman for the Tobacco Institute, the Washington arm of the tobacco industry. ``Our position is we're going to vigorously pursue the matter in the courts.''
And that's how the case has ended up in the U.S. District Court of North Carolina in Greensboro. Instead of filing the suit on the home turf of the FDA in Washington, the tobacco companies filed it on the home turf of RJR, one of the primary plaintiffs.
In the meantime, tobacco supporters in Congress have been working to ``reform'' the FDA, a move that could take it out of the business of regulating tobacco.
``We have had a whole different approach in the works for the last three months,'' said Rep. Richard Burr (R-N.C.). He is a member of the House Commerce Committee, which is considering the reform.
``The FDA will not be the same agency when we get through. We will be successful on the FDA reform, so the legislation [against the FDA initiative] may not be necessary. It's our intent not to run with any legislation.''
The FDA proposal would declare that nicotine is an addictive drug.
And in an effort to curtail youth smoking, it would put the following restrictions on sports marketing:
Tobacco companies will be prohibited from sponsoring races and sporting events under a brand name but may continue sponsorships under the existing corporate name. The Winston Cup series could become, for example, the RJR Cup.
Tobacco companies would be allowed to sponsor race teams under brand names of cigarettes, but any advertising on the cars and uniforms would have to be black-and-white, text-only ads.
Tobacco companies would be banned from selling or giving away T-shirts, hats, bags and other items that carry a tobacco brand name.
The FDA proposal is significantly more far-reaching than sports sponsorships. Other parts of the proposal include regulations on billboard advertising, restrictions on youth access to tobacco, a federal ban on under-age cigarette sales and an industry-funded $150 million annual education program.
So why target sports sponsorships?
``Young kids like race cars,'' said Scott D. Ballin, chairman of the Coalition on Smoking or Health, the primary anti-tobacco lobby in Washington. ``There's something very exciting about racing, even to young kids. And these [drivers] are idols that many of these kids look up to.
``Adult smoking rates have been declining for some time,'' said Mitch Zeller, special assistant for policy in FDA commissioner David Kessler's office. ``But you can't say the same thing about kids. The administration felt it was important to do something, and to do something that had a chance of making a dent.
``What we're trying to do with sponsorships is break the link between a specific product and an event. There's an association between the use of a specific brand of cigarettes, which are deadly and addictive, and all of the fun and excitement of sports.
Countered Robertson: ``They have tried to camouflage this as a youth-smoking issue. It's simply not that. The reason people smoke is because of peer pressure and because of parental influence.''
Robertson, nonetheless, is not ignoring the FDA's invitation of comment, which ends Nov.9.
``I think it's very much worthwhile,'' he said. ``I think they very much want to know what the American public thinks about this issue. I think this is a political move on the part of the Clinton administration, and I think if American citizens will let the administration know what they think about the issue, something can be done.''
NASCAR is enjoying its greatest growth spurt, and many believe the sport would continue to thrive with or without tobacco. But NASCAR president Bill France, a smoker of RJR's Vantage brand, says he has no intention of abandoning the company.
``I don't feel like Reynolds as a series sponsor is a detriment to the growth of this sport,'' he said.
``This horse has got four good legs, and it's a damn-good horse,'' France said of RJR and its 25-year sponsorship of the Winston Cup stock car racing series.
A lot of smoke
When its proposal was unveiled on Aug.10, the FDA announced a 90-day comment period.
The FDA said it will take time to analyze all the public comments and has no timetable for a final rule.
``We are going to receive perhaps more comments on this proposal than any other proposal in recent memory,'' Zeller said. ``We've already received thousands of comments, and it's going to take some time to sort through and evaluate them. The law requires that we review every single comment.
``After that, we can begin the process of drafting the final rule. But we're not giving a time frame on how long the whole process will take.''
The tobacco companies have asked for an extension on the comment period, Zeller said.
Whatever the FDA does, the matter is headed to court. And it likely will focus on whether the FDA has legal jurisdiction to take action.
The FDA is on solid legal ground, Zeller said. Tobacco industry officials are equally confident they will prevail.
Whatever the outcome of this battle, Ballin and others in the anti-smoking movement believe that regulation is inevitable and that the FDA initiative eventually will succeed.
``This is not going to happen overnight,'' Ballin said. ``Whenever you're dealing with the tobacco industry, they're going to drag things out as long as possible. They'll fight everything tooth and nail. But I think that this will eventually happen, whether it's in six months, a year or a year and a half.''
Keywords:
AUTO RACING
by CNB