Proposed legislation regulating tobacco not so simple.
Congress is ready to give the US Food and Drug Administration the power to regulate tobacco, but an article tackling the issue needs a more thoughtful analysis of the health impacts behind the proposed legislation.
A recent article in the Baltimore Sun reports that legislation working its way through Congress would allow the US Food and Drug Administration (FDA) to regulate tobacco products.
The article brings this historic pending legislation to the attention of the general public. Reporter nicely describes the potential marketing and economic consequences of FDA regulation but does not mention the health impacts of tobacco products or delve into the historical reasons the legislation is being considered.
Tobacco products pose health problems for two reasons: nicotine is addictive and other ingredients are known carcinogens. Moreover, second hand smoke affects those who do not use tobacco products.
These make the use of tobacco products an undeniable public health issue. Therefore it seems reasonable that the FDA should regulate tobacco use. Current law explicitly prevents this, even though scientists have clearly shown that nicotine is addictive and that smoking can cause cancer.
The article focuses on how the size of warning labels or the marketing of cigarettes might change under FDA regulation. It does a good job of exploring the concern that the public may now perceive cigarettes as "safe" if they are "FDA approved." Consumers might become complacent and worry less about the long-term health consequences of smoking if cigarettes are regulated.
Neglected, though, are important issues such as how restricting tobacco use would prevent disease or how nicotine-only cigarettes or nicotine-laced water would be handled, since nicotine is addictive.
The historical details – also not explained in the article – show a consistent disregard for the health ramifications of tobacco products. The FDA is charged wtih protecting consumers from drugs that can cause harm. An act of Congress is needed to give the FDA the power to regulate tobacco because nicotine, along with caffeine and alchohol, was specifically exempt from FDA regulation under the landmark Comprehensive Drug Abuse and Prevention Act passed in 1970. This law established the Drug Enforcement Agency (DEA), made most recreational drugs including marijuana illegal, and put the FDA in charge of defining which substances can and should be controlled by the government. In 1999, the Supreme Court again denied the FDA regulatory oversight over tobacco products.
Now, Congress is wrestling with the issue, including the health implications of tobacco use.
Needed in this or future articles is more in-depth analysis of the public health consequences and implications of tighter tobacco regulation as outlined in the legislation.
