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This Note examines the major legal issues surrounding the constitutionality of the FDA''s regulations. Part II discusses the correlation between advertising and cigarette consumption by children and adolescents. Part III reviews the federal government''s role in the antismoking campaign as well as the tobacco industry''s response to past legislative restrictions on advertising. This section also explores how the shift in advertising medium has affected teen smoking and why the FDA chose to implement regulations that further restrict commercial speech relating to tobacco advertising. Part IV analyzes the particular issues that courts must confront in determining whether the FDA regulations violate the First Amendment protection of commercial speech. Part V considers possible alternatives to the regulations. y Part VI examines what impact, if any, last year''s national tobacco settlement will have on the regulations and whether such a settlement is even feasible. This Note concludes that, while the FDA''s regulations are restrictive, they are, nonetheless, constitutional because they: julieta (1) directly advance the federal government''s cigars interest in reducing teen smoking; (2) are not more restrictive than necessary to achieve this goal; and (3) offer the best solution for stemming the rising fide of teen smoking. "Approximately three million American adolescents already smoke, and an additional one million adolescent boys use smokeless tobacco."(15) Part of the reason for the rise in tobacco use romeo is the ease with which children and adolescents can purchase cigarettes.(16) Despite laws in all fifty states that prohibit the sale of tobacco to minors, adolescents have little difficulty purchasing tobacco products.(17) In 1994, the Surgeon General determined that y minors are able to purchase cigarettes illegally nearly seventy percent of the time.(18) Researchers estimate that young people illegally purchase approximately 250 million packs of cigarettes each year, accounting for $962 million in revenue.(19)

This Note examines the major legal issues surrounding the constitutionality of the FDA''s regulations. Part II discusses the correlation between advertising and cigarette consumption by children and adolescents. Part III reviews the federal government''s role in the antismoking campaign as well as the tobacco industry''s response to past legislative restrictions on advertising. This section also explores how the shift in advertising medium has affected teen smoking and why the FDA chose to implement regulations that further restrict commercial speech relating to tobacco advertising. Part IV analyzes the particular issues that courts must confront in determining whether the FDA regulations violate the First Amendment protection of commercial speech. Part V considers possible alternatives to the regulations. y Part VI examines what impact, if any, last year''s national tobacco settlement will have on the regulations and whether such a settlement is even feasible. This Note concludes that, while the FDA''s regulations are restrictive, they are, nonetheless, constitutional because they: julieta (1) directly advance the federal government''s cigars interest in reducing teen smoking; (2) are not more restrictive than necessary to achieve this goal; and (3) offer the best solution for stemming the rising fide of teen smoking. "Approximately three million American adolescents already smoke, and an additional one million adolescent boys use smokeless tobacco."(15) Part of the reason for the rise in tobacco use romeo is the ease with which children and adolescents can purchase cigarettes.(16) Despite laws in all fifty states that prohibit the sale of tobacco to minors, adolescents have little difficulty purchasing tobacco products.(17) In 1994, the Surgeon General determined that y minors are able to purchase cigarettes illegally nearly seventy percent of the time.(18) Researchers estimate that young people illegally purchase approximately 250 million packs of cigarettes each year, accounting for $962 million in revenue.(19)

This summer Philip Morris, which supplies about half of America''s cigarettes with its Marlboro, Benson & Hedges, Merit, Virginia Slims, Parliament and Basic brands, introduced the Accord battery-powered cigarette, a pricey gadget that reduces sidestream smoke, ashes and most lingering odor. For $40, consumers get a carton of specially made cigarettes, a battery charger, an instructional julieta video and a "puff-activated" electronic lighter that holds the cigarette and allows smokers to wait hours between puffs. Since Accord burns at a lower temperature than normal cigarettes, it could introduce fewer harmful chemicals to the body, but the packaging currently does not make health claims. The high-tech smoke is not blowing their socks off, spokespeople say, but they plan to keep working on it and expanding awareness through direct-mail of the product, which has been five years and over $200 million in the making.A reduced-smoke cigarette is also in the works for B&W, a company cigars representative said, but additional details were not available at press time.

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