In the last decade, the Food and Drug Administration has waged all-out war against the tobacco industry.
When President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act, he gave the agency unprecedented powers over tobacco companies. Last year the FDA finalized a rule that both extended their tobacco regulation authority and established an aggressive product review regime. The rule also lays “a foundation for future FDA actions” that could potentially be even more restrictive.
A recent measure passed by parliament in the country of Georgia provides a picture of what could be coming in the United States.
Last month, the parliament voted 85-1 in favor of a bill that the World Health Organization called “one of the strongest tobacco control laws” in the world. The legislation will be phased into effect beginning early next year.
There will be a complete ban on smoking inside all public buildings. The law also contains heavily-restrictive prohibitions on packaging and advertising. Cigarettes must be sold in “simple” packages with photos of tobacco-caused diseases on the outside. Companies will be banned from any form of product advertising and stores will not be allowed to place cigarettes in the glass cases near the counter where are usually stored. And for good measure, anti-tobacco ads must play before any film that contains scenes in which characters light up.
Laws like the one passed in Georgia restrict people’s right to make legitimate choices about their health and transfer that power to government bureaucrats. The risks of smoking are well-established and clear to customers.
At this point, the vast majority of those who choose to use tobacco products do so because they enjoy smoking and have decided the risks are worth it. Delegitimizing that decision by making cigarettes nearly impossible to buy and sell is nothing short of government hubris and paternalism.
Not only does the law restrict individuals’ ability to make legitimate choices, it destroys companies’ ability to protect and benefit from their own property.
A company’s brand is its reputation and the way it distinguishes itself from its competitors. Consumers value brand names like Target and Coke because they know products sold under these names will consistently be high quality. Cigarette companies are no different. Each one has carefully crafted a message in order to attract customers. Without these signals, consumers cannot know which products they enjoy and trust. Governments ought not to destroy such an important piece of a company’s image.
By enacting such a harsh rule against one industry, it opens the possibility of attacking other similar industries. Lorenzo Montanari, executive director of the Property Rights Alliance, expressed concern that the law’s restrictions may be expanded to include wine, soft drinks, and certain snack foods.
Tobacco is an easy starting place for a health craze. Smoking rates in Georgia and in many countries have trended down in the last two decades as negative perceptions of the practice have soared. As a result, there are few objections raised when governments use tobacco to set a precedent for heavy restrictions against products judged to pose health risks. All risks ought to be balanced against the benefits that consumers get from the products. Those decisions about tradeoffs are better left up to the consumer instead of the government.
Governments exist to secure freedom and protect citizens’ liberty. The Georgian parliament decided to act well beyond that principle. This new tobacco law restricts consumers’ choices and hurts companies’ carefully-protected property. It is a product of a bureaucratic attitude of superiority and belief that the government knows what is best for an individual. The recent actions of the FDA indicate that the agency is also trending towards paternalism.
Instead of making choices for people, the governments of both the U.S. and Georgia should focus on equipping their citizens with risk information and then trusting them to use that knowledge to make better decisions.
People are smarter than you think.
Jordan Reimschisel is a research assistant and a Young Voices Advocate.
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