Graphic warnings on cigarette packs in US a victory for public health

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US Food and Drug Administration should be applauded for tough new tobacco laws, writes Cass R Sunstein

Dire as the coronavirus pandemic has become, it’s worth remembering that there are other severe public health threats that can’t be ignored. That’s a reason to applaud the US Food and Drug Administration for issuing, even in this period, a tough new tobacco regulation that should save lives: It has required graphic warnings on cigarette packages.

The images cannot be small: “The new required warnings must appear prominently on cigarette packages and in cigarette advertisements, occupying the top 50% of the front and rear panels of cigarette packages and at least 20% of the area at the top of advertisements,” the FDA states. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which mandated graphic warnings. The FDA issued the required regulation in 2011. But it was subject to a fierce challenge in federal court, with appellate judges ruling that the FDA had not established that its chosen warnings would actually save lives.

An important innovation, almost certainly adopted to reduce the risk of judicial invalidation, was that the agency did not claim to be able to quantify the number of deaths that its regulation would prevent. Instead, it chose to make the more modest claim that the warnings would promote “a greater public understanding of the negative health consequences of cigarette smoking”. There is every reason to think that the improved understanding will save lives.

For applause-seeking politicians, it has been far too easy to call, in the abstract, for “deconstructing the regulatory state”. For mostly clueless observers in think-tanks, academia and elsewhere, it’s child’s play to cast contempt on the nation’s underpaid, expert bureaucrats and administrators, focused on public health and safety, as out-of-touch, or as obstacles to what really matters: free markets and business autonomy.

 

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