Source: International HeraldTribune Contact: Pubdate: Mon, 08 Dec 1997 CRACKING DOWN ON YOUNG SMOKERS By Barry Meier, New York Times Service NEW YORKAs Congress prepares to consider legislation intended to reduce tobacco use by youths in the United States, cities, states and schools increasingly are taking measures to crack down on what they see as a major cause of the problem: the young people themselves. Over the past year, Florida, Idaho Minnesota, North Carolina and Texas have passed laws that could result in stiff penalties for minors who try to buy or possess cigarettes or chewing tobacco. Those convicted of such offenses could lose their driver's licenses, face fines of as much as $1,000 or even be imprisoned for as long as six months. Some cities, meanwhile, are using undercover police officers to catch youths who smoke and some schools that test students for substances such as marijuana are also screening them for nicotine. The new measures follow repeated failures in recent years to halt the growth in tobacco use among minors through educational programs and other measures. But whiSe some opponents of smoking support a tougher approach toward young people, others see the new state laws, many of which are backed by the tobacco industry, as a draconian response to a custom that was once considered a teenage rite of passage. "These sound like a fairly stringent attack on the problem," said Kenneth Warner, a professor at the University of Michigan School of Public Health and a specialist on youth smoking. Proponents of a proposed $368.5 billion settlement over the healthcare costs of smoking reached in June between tobacco companies and state attorneys general say the settlement contains several measures that would be expected to reduce the nurnber of young people who smoke. Those include banning tobacco ads vertising on billboards and in some magazines, removing cigarette vending machines, ending tobacco companies' sponsorships of sporting events and concerts and ending the sale of products such as clothing that carry brand names of cigarettes or chewing tobacco. But many of those opposed to smoking also have said that smoking among teenagers will decline only if the cost of cigarettes rises by far more than the additional 70 cents a Dack called for under the proposed settiement. Some such as Mr. Warner, have called for an increase of $2 a packu Teenage smoking rates are lower than they were three decades ago. But the Centers for Disease Control and Prevention has estimated that 35 percent of high school students are cigarette smokers, and a University of Michigan survey called Monitoring the Future, which follows teenage smoking trends, has found steady increases in recent years in the number of minors who regularly use tobacco. Every U.S. state and the District of Columbia have laws that ban the sale of tobacco products to minors, although publichealth specialists have said that such laws are ineffective because they are poorly written, rarely enforced or both. In the past, cities and states also have fined minors caught with cigarettes though the penalties have been small. But some of the new state laws, which also stiffen penalties on those who sell tobacco products to youths, now hold young people as responsible as adults for violating tobacco laws, said Sarah Perez a policy analyst with the National Conference of State Legislatures. "The laws we have seen this year flip things upside down and penalize the minor as well as the retailer," Ms. Perez said. Some antismoking activists argued that the tobacco industry, after years of making cigarettes attractive to youths, was supporting the new laws to blame young people for using their products. But others, while not endorsing the statutes, say some blame for youth smoking must fall on all involved. "My personal point of view is that there has to be some responsibility on the part of the kids," said Bill Novelli, president of the National Center for TobaccoFree Kids, an advocacy group based in Washington.