Tag: smoking bans

The FDA Proposes a De Facto Cigarette Ban, Which Would Expand the Disastrous War on Drugs

On its way out the door, the Biden administration has proposed a rule that would effectively ban cigarettes by requiring a drastic reduction in nicotine content. The Food and Drug Administration (FDA), which unveiled the proposed rule on Wednesday, says the aim is to make cigarettes unappealing by eliminating their “psychoactive and reinforcing effects.”

In addition to cigarettes, the FDA’s proposed rule covers cigarette tobacco, pipe tobacco (except shisha for waterpipes), and cigars (except for “premium” cigars). All of those products would be limited to 0.7 milligrams of nicotine per gram of tobacco. That cap technically complies with a federal law that bars the FDA from banning tobacco products or “requiring the reduction of nicotine yields of a tobacco product to zero.” But the negligible amount of nicotine allowed under the rule would amount to both in practice.

The FDA, which first considered this policy under Scott Gottlieb during the first Trump administration, has abandoned the idea of gradually phasing in the nicotine reduction because that would initially result in “compensatory smoking.” That is, current smokers would be apt to inhale more deeply, take more or bigger puffs, or consume more cigarettes to get the nicotine dose to which they are accustomed, which would increase their exposure to the toxins and carcinogens in tobacco smoke. But avoiding that pitfall by mandating an immediate cut to a negligible nicotine level would magnify the black-market effects of de facto cigarette prohibition.

Given the disastrous results of the war on drugs, it is hard to fathom why a government agency in 2025 would think it is a good idea to expand that crusade to include products that are regularly consumed by nearly 30 million American adults. The proposed nicotine cap “would effectively outlaw almost all cigarettes currently being sold,” which would “benefit organized crime by igniting a robust illicit market for cigarettes and other tobacco products,” the Law Enforcement Action Partnership (LEAP) notes in an emailed press release.

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Expanding the Drug War To Include Tobacco Would Be a Big Mistake

Last month, New Zealand scrapped a law that would have gradually prohibited tobacco products by banning sales to anyone born after 2008. But Brookline, a wealthy Boston suburb, will implement a similar scheme now that the Supreme Judicial Court of Massachusetts (SJC) has cleared the way.

Brookline’s bylaw, which bans sales of “tobacco or e-cigarette products” to anyone born after 1999, is unlikely to have much practical impact, since the town is surrounded by municipalities where such sales remain legal. But it reflects a broader transition from regulation to prohibition among progressives who seem to have forgotten the lessons of the war on drugs.

The local merchants who challenged Brookline’s ban argued that it was preempted by a state law that sets 21 as the minimum purchase age for tobacco products. They also claimed the bylaw violates the Massachusetts Constitution’s guarantee of equal protection by arbitrarily discriminating against adults based on their birthdates.

The SJC rejected both arguments in a decision published on Friday. The court concluded that state legislators had left local officials free to impose additional sales restrictions. And since birthdate-based distinctions do not involve “a suspect classification,” it said, Brookline’s bylaw is constitutional because it is “rationally related to the town’s legitimate interest in mitigating tobacco use overall and in particular by minors.”

The striking aspect of Brookline’s law, of course, is that it applies to adults as well as minors. It currently covers residents in their 20s and eventually will apply to middle-aged and elderly consumers as well.

Since anyone 21 or older who wants to buy tobacco or vaping products can still legally do so across the border in Boston, Cambridge, or Newton, Brookline’s ban looks more like an exercise in virtue signaling than a serious attempt to reduce consumption. The same could be said of the outright bans on tobacco sales that two other wealthy and supposedly enlightened enclaves, Beverly Hills and Manhattan Beach, enacted in 2019 and 2020, respectively.

The Beverly Hills ban makes exceptions for hotels and cigar lounges, and both cities border jurisdictions where tobacco sales are still allowed. But even as moral statements, these edicts are flagrantly illiberal, standing for the proposition that adults cannot be trusted to decide for themselves which psychoactive substances they want to consume.

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New Zealand set to scrap world-first tobacco ban

New Zealand will repeal on Tuesday a world-first law banning tobacco sales for future generations, the government said, even while researchers and campaigners warned of the risk that people could die as a result.

Set to take effect from July, the toughest anti-tobacco rules in the world would have banned sales to those born after Jan. 1, 2009, cut nicotine content in smoked tobacco products and reduced the number of tobacco retailers by more than 90%.

The new coalition government elected in October confirmed the repeal will happen on Tuesday as a matter of urgency, enabling it to scrap the law without seeking public comment, in line with previously announced plans.

Associate Health Minister Casey Costello said the coalition government was committed to reducing smoking, but was taking a different regulatory approach to discourage the habit and reduce the harm it caused.

“I will soon be taking a package of measures to cabinet to increase the tools available to help people quit smoking,” Costello said, adding that regulations on vaping would also be tightened to deter young people.

The decision, heavily criticised over its likely impact on health outcomes in New Zealand, has also drawn flak because of fears it could have a greater impact on Maori and Pasifika populations, groups with higher smoking rates.

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Rishi Sunak to ban the sale of disposable vapes to protect children’s health and stop them from being ‘hooked for life’

Disposable vapes will be banned in the UK in a bid to protect children’s health and prevent them becoming ‘hooked for life’, the Government will announce today.

The number of children using vapes in the past three years has tripled, driven by disposable devices which come in a range of bright colours and tempting flavours.

Figures show 9 per cent of children aged 11 to 15 now vape, with the long-term health impacts still unknown.

But today Rishi Sunak will reveal a plan to bring in new legislation, using existing powers under the Environmental Protection Act, during a visit to a school. 

The measure is expected to come in early next year, with hopes it will halt the trend of vaping among children.

The Prime Minister said: ‘As any parent or teacher knows, one of the most worrying trends at the moment is the rise in vaping among children, and so we must act before it becomes endemic.

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Spain considers banning smoking and vaping on ALL beaches

Spain is considering banning smoking on all beaches as it presses ahead with tough new measures.

The Spanish Ministry of Health has confirmed a new crackdown on both smoking and vaping and says people’s health has to be protected.

One of its new priorities is to resurrect the anti-smoking plan which will include extending smoke-free spaces to terraces, beaches and cars in the presence of minors and pregnant women.

‘We must look at the law again because we cannot turn our backs on the only measure that can give the population more years of life and a better quality of life, which is to reduce smoking,’ said Health Minister Mónica García.

The Comprehensive Plan for the Prevention and Control of Smoking 2021-2025 was finalised a year and a half ago but has not yet seen the light of day.

The Ministry of Health says it wants to ‘remove it from the drawer’ and expand the ban on tobacco consumption to more areas.

‘The first steps are to get it out of the box,’ said Monica García. ‘We will have to look at each of the cases and each of the assumptions.

‘What we plan to is study what that plan is going to be, if it needs to be expanded, if it needs to be modified, but we do have a firm commitment to those recommendations.’

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White House Delays Implementing Ban On Menthol Cigarettes Until At Least 2024

According to a Dec. 6 updated regulatory agenda, the review process will now continue into 2024, with a current target date of March to possibly implement the ban.

The Food and Drug Administration (FDA) has been developing a rule to eliminate menthol as a characterizing cigarette flavor since 2022. The federal agency estimates a ban on the flavor additive could prevent 300,000 to 650,000 smoking deaths over several decades. They claim most of the preventable deaths would be among minority groups and Americans of African descent, who disproportionately smoke menthol cigarettes.

In the proposed rule, the federal agency said the new product standard would reduce the appeal of cigarettes, particularly to youth and young adults, and possibly decrease the likelihood of them progressing to “regular cigarette smoking.” If the rule is successfully implemented, cigarette companies will have one year to phase out menthol. It’s unclear if they would face any penalties for failing to adhere to the new rule.

“In addition, the tobacco product standard would improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the likelihood of cessation,” the FDA rule reads.

According to the FDA, menthol is a flavor additive with a mint taste and aroma that aids in reducing the harshness and irritation of smoking. It says the additive also helps boost the appeal of cigarettes and makes the menthol variants interact with nicotine in the brain, enhancing the nicotine’s addictive effects.

Anti-smoking groups have been backing the FDA’s efforts since the beginning. Following the updated rule implementation date, some of the anti-smoking groups warned the delay could see the effort to phase out menthol held up indefinitely.

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Youth Smoking Nears Zero

New data from the Centers for Disease Control and Prevention (CDC) show youth smoking at a historic low, with just 1.9 percent of high schoolers lighting up in the past month. Youth vaping is also at its lowest level in a decade at 10 percent, and cigar use is down to 1.8 percent from 2.8 percent the previous year.

That’s good news from a public health standpoint, but the data raise questions regarding the Biden administration’s plan to ban menthol cigarettes and flavored cigars. A key argument for prohibition is that menthol cigarettes and flavored cigars appeal to youth, especially black youth, and banning them is essential to prevent future generations of addiction and outweighs the risks of illicit markets that are certain to follow. But the CDC data show that smoking rates among black high schoolers are so low they can’t be reliably calculated.

A smoke-free society is typically defined as one where cigarette smoking is below 5 percent of the population. Applying this standard to youth, the U.S. has achieved a smoke-free generation. With youth smoking all but eliminated, it’s hard to see menthol prohibition as anything other than an attempt to target adult consumers, particularly black smokers who are more likely to choose a menthol product.

Kids may have ditched cigarettes, but there are millions of adults who still use menthol cigarettes. Experiments in menthol prohibition in the European Union, Canada, and even Massachusetts aren’t promising examples for the United States. A study of the effect of menthol prohibition in Poland, which had the highest menthol consumption in the E.U. at almost a third of the cigarette market, found no statistically significant change in cigarette consumption after the ban. Canada, which had a far smaller share of menthol smokers at 11 percent of the population, did see 21.5 percent of menthol smokers quit after the ban was imposed. However, 19.5 percent of menthol smokers continued to source their preferred cigarettes through other channels, and 59 percent just switched to nonmenthol cigarettes. Massachusetts became the first state to ban all flavored tobacco products. The ban was a boon to neighboring states like New Hampshire and Rhode Island, which enjoyed a surge in cigarette sales. Massachusetts lost $116 million in cigarette tax revenue in the first 12 months of the ban, according to the Tax Foundation.

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Take It From Brazil, Biden’s Ban on Flavored Cigarettes and Cigars Will Be a Disaster

The Biden administration’s flavored cigarettes and cigars ban, currently under final review by the Food and Drug Administration (FDA), will soon make it illegal to buy or sell menthol and flavored tobacco products in the United States. Having announced its intention to prevent people, especially children, from becoming addicted to cigarettes and other drugs, Biden’s FDA will have to grapple with the consequences of their chosen method.

A similar ban in Brazil gives us a window into the probable outcome of Biden’s flavored cigarettes legislation. In 2012, after a series of court battles, Brazil became one of the first countries in the world to fully ban flavored cigarettes, wanting to minimize the demand for cigarette products and curb smoking in the country, particularly among children. 

To enforce the ban, Brazil has used its federal police force and its military police to crack down on the illegal cigarette market—with its government and law enforcement being one of the most vocal proponents of tobacco crackdowns since the mid-1980s. But Brazil quickly faced the fallout from its prohibitionist policy. 

Brazil’s demand for illegal cigarettes, particularly flavored cigarettes, only increased. Illegal actors quickly entered the market, leading the Brazilian government to conduct dangerous raids against illegal cigarette providers, with some resulting in bystanders being killed in the crossfire. The Brazilian government has lost billions of dollars in enforcement and tax revenues, while expenditures on illegal cigarettes rise. 

Brazil now has one of the largest cigarette markets in the world, despite its efforts to rid the country of cigarettes through prohibition. According to the Brazilian Institute for Competition Ethics (ETCO), the illegal cigarette market now represents about half of the entire cigarette market. Illegal cigarette consumption nearly doubled from 2008 to 2013 and in Brazil’s border areas it nearly tripled. 

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NY Gov. Kathy Hochul ‘test-marketing’ a ban on all tobacco sales

The pro-legal weed Hochul administration is quietly trying to fire up support for a complete ban on the sale of tobacco products in New York, The Post has learned.

The state Health Department commissioned a new survey aimed at gauging support for an all-out prohibition — despite Gov. Hochul’s failure to secure support from state legislators to include a ban on menthol cigarettes and other flavored tobacco products in the yet-to-be-approved state budget.

“What is your opinion about a policy that would end the sale of all tobacco products in New York within 10 years?” were among the questions asked last week in the “New York Local Opinion Leaders Survey,” examined by the Post.

Another asks: “What is your opinion about a policy that would ban the sale of all tobacco products to those born after a certain date? For example, those born after the year 2010 or later would never be sold tobacco.”

The poll also solicited input on whether there’s backing for other tobacco-related measures, including capping the number of retailers who can sell “products in a community” and prohibiting its sales near schools.

The survey, conducted by nonprofit research organization RTI International, was distributed to “community leaders” statewide, including “county legislators and county directors of public health,” according to an April 13 memo to prospective participants from Jennifer Lee, director of the Health Department’s Bureau of Tobacco Control. 

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New Zealand Imposes World’s First Ban on Smoking for Next Generation

New Zealand on Tuesday passed into law a unique plan to phase out tobacco smoking by imposing a lifetime ban on young people buying cigarettes.

The law states that tobacco can’t ever be sold to anybody born on or after Jan. 1, 2009.

It means the minimum age for buying cigarettes will keep going up and up. In theory, somebody trying to buy a pack of cigarettes 50 years from now would need ID to show they were at least 63 years old.

But health authorities hope smoking will fade away well before then. They have a stated goal of making New Zealand smoke-free by 2025.

The new law also reduces the number of retailers allowed to sell tobacco from about 6,000 to 600 and decreases the amount of nicotine allowed in tobacco that is smoked.

“There is no good reason to allow a product to be sold that kills half the people that use it,” Associate Minister of Health Dr. Ayesha Verrall told lawmakers in Parliament. “And I can tell you that we will end this in the future, as we pass this legislation.”

She said the health system would save billions of dollars from not needing to treat illnesses caused by smoking, such as cancer, heart attacks, strokes, and amputations. She said the bill would create generational change and leave a legacy of better health for youth.

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