About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

53 Food & Drug L.J. 43 (1998)
Tobacco Product Regulation: Context and Issues

handle is hein.journals/foodlj53 and id is 895 raw text is: Tobacco Product Regulation: Context and Issues JOHN SLADE, M.D. * JACK E. HENNINGFIELD, PH.D. ** I. INTRODUCTION This article will provide an overview of the practical implications of past and current regulatory approaches to tobacco products and will highlight some of the ques- tions, issues, and alternative strategies that policymakers in this area face. Although tobacco products cause one in five deaths in the United States,' they have escaped any regulation that could reduce their ability to cause death and disease among those who consume them directly, among nonsmokers who are exposed to their fumes,2 and among those who are injured in cigarette-caused fires.' This is largely because awareness of the dangers of tobacco products only became evident after they were entrenched deeply in the culture.' Moreover, although the tobacco industry itself has had extensive knowledge of the dangers of smoking, and of the factors in tobacco products that contribute to the dangers, it has used a range of legal and public rela- tions strategies to prevent meaningful regulation.' The limited federal oversight that has been exerted over tobacco products is not capable of meaningful regulation for health effects. The Bureau of Alcohol, Tobacco and Firearms (BATF) regulates the federal taxa- 'Dr. Slade is a Professor of Medicine, Robert Wood Johnson Medical School, University of Medicine and Dentistry of New Jersey, New Brunswick, NJ. Dr. Henningfield is an Associate Professor in Behavioral Biology, Department of Psychiatry and Behav- ioral Sciences, Johns Hopkins University School of Medicine, Baltimore, MD and Vice President, Research and Health Policy, Pinney Associates, Inc., Bethesda, MD. This article is an updated version of a speech that was presented at the conference Tobacco Dependence: Innovative Regulatory Approaches to Reduce Death and Disease, cosponsored by FDLI and the Center for the Study of Drug Development at the Georgetown University Conference Center, Washington, D.C. (Apr. 8-9, 1998). The authors are grateful for the helpful suggestions of the participants in the Tobacco Dependence sym- posium, but especially for those of Dietrich Hoffmann and David Sweanor. Jeff Wigand reviewed an early draft and provided insightful feedback. In addition, Lucy Owen and Tula Michaelides provided outstanding assis- tance in the preparation of this manuscript. IJ. Michael McGinnis & William H. Foege, Actual Causes of Death in the United States, 270 JAMA 2208 (1993). 2OFFICE OF AIR & RADIATION, ENVIRONMENTAL PROTECTION AGENCY, RESPIRATORY HEALTH EFFECTS OF PASSIVE SMOKING: LUNG CANCER AND OTHER DISORDERS (EPA/600/6-90/006F) (1992); OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT, CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, HEALTH EFFECTS OF ExPosuRE TO ENVIRON- MENTAL TOBACCO SMOKE (1997). 3 A recent analysis has reported that more civilians die in smoking-material fires than any other type of fire in the U.S. JOHN R. HALL, JR., THE U.S. SMOKING-MATERIAL FIRE PROBLEM THROUGH 1995 (1997). This amounted to more than 1000 deaths in 1995 (11% of those children) with 98% of deaths caused by cigarettes, and just 2% caused by cigars and pipes. The report strengthened the urgency of reducing the ignition potential of cigarettes as was the intent of the U.S. Fire Safe Cigarette Act of 1990, Pub. L. No. 101-352, 104 Stat. 405 (1990). To date, no changes in cigarette design to achieve such ends have been required. 4 John Slade, Gregory N. Connolly, Ronald M. Davis, Clifford E. Douglas, Jack E. Henningfield, John R. Hughes, Lynn T. Kozlowski & Matthew M. Myers, Report of the Tobacco Policy Research Study Group on Tobacco Products, I (Supp) TOBACCO CONTROL S4 (1992). 1 See, e.g., STANTON A. GLANTZ, JOHN SLADE, LISA A. BERO, PETER HANAUER & DEBORAH E. BARNES, THE CIGARETrE PAPERS chs. 2, 5,6-10 (1996); RICHARD KLUGER, ASHES TO ASHES: AMERICA'S HuNDRED-YEAR CIGARETTE WAR, THE PUBLIC HEALTH, AND THE UNABASHED TRIUMPH OF PHILIP Momuus 266-73 (1996); PHILIP J. HILTS, SMOKE SCREEN: THE TRUTH BENINO THE TOBACCO INDUSTRY COVER-UP chs. 2, 3 (1996).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most