President Trump has styled himself as a slasher of red tape, signing an order the month he took office requiring executive agencies to cut two regulations for every new one they implement. Despite this, one agency that is looking to be successful in expanding its nanny state authority in the age of Trump is the Food and Drug Administration.

In March, the FDA released an advanced notice of rulemaking for reducing the level of nicotine in cigarettes and regulating flavored tobacco products like e-cigarettes. Should the agency take action on either issue, there will undoubtedly be unintended consequences.