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Federal ban on flavored cigarettes reaching cartoonish proportions

herrick.46@osu.edu

Published: Monday, October 12, 2009

Updated: Monday, October 12, 2009 20:10

On Sept. 22nd, the U.S. Food and Drug Administration authorized a new tobacco law that made the sale but not possession of all "cigarettes with flavors characterizing fruit, candy, or clove" illegal (FDA News Release). The public rationale for this comprehensive ban is that "flavored cigarettes attract and allure kids into lifetime addiction" and that "marketing campaigns for products with sweet candy and fruit flavors can mislead young people into thinking that these products are less addictive and less harmful." In short, once again the government is becoming more and more Simpsons-esque (Won't somebody please think of the Children!  hyperlink:http://www.youtube.com/watch?v=Qh2sWSVRrmo).

Unfortunately, the cartoonish elements of this most recent FDA episode are still continuing to unfold. First, the FDA is woefully unprepared and uneducated on the sheer amount of tobacco products that are actually banned under the new law (FDA officials have failed to provide a list detailing exactly which products are banned and have been repeatedly silent when met with consumer questions and comments.). Second, several other government agencies including the Center for Disease Control have indicated that 80% of underage smokers use the same non-flavored brands as their adult counterparts. This means that the ban will only potentially prevent 20% of targeted underage smokers from actually smoking. However, in reality, it seems clear that underage students who already possess a fake ID or the wherewithal to try to illegally purchase flavored cigarettes will simply redirect towards buying non-flavored brands. Moreover, the new laws do not currently target cigars or "little cigarettes" and therefore provide yet another avenue for underage smokers to smoke flavored tobacco. In essence, the laws simply shift teenagers from smoking one type of cigarette towards smoking a different but equally "dangerous" type.

Ultimately, the new laws are riddled with inefficiency and are only making it illegal for retailers to sell flavored, fruit or clove cigarettes to legal and well-informed buyers. A card system has already been in place to prevent underage teenagers from purchasing tobacco products. Perhaps the FDA should first focus on strengthening the fines for noncompliance before infringing upon the legal rights of those who do obey the age laws.

For more information on what is and is not covered/ what you can do:

FDA FAQ

Information on FDA listening sessions

Contact the FDA

As Always Contact Your Congress Person/Senator

Even if there is no way for citizens to overturn the law, you are still able to deter the FDA and the president from authorizing a more comprehensive ban in the future.

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5 comments

Robert Kelly
Sun Aug 22 2010 12:43
Okay, Let me ask. Is this seriously a federal problem. Back in 1950 nearly 50% of men smoked, now Only 25%. So is it really needed to waist money on bans of this proportion? I smoke everyday. I have since I was a young. It was and still remains my choice to smoke. If I do become addicted to it, isn't that my fault? I did it right? So who are they to tell me what I can and Cannot Do? Since when do they have the right to impede on my personal choices. Oh yeah thats right. They do everyday. I really hope you people start realizing they are just taking away personal freedoms one step at a time. Everything starts out as "We're doing this for the greater Good of the Nation. We're doing this For the American People!" No, They're doing this TO the american People. Smoking of any Kind, Pipes, Cigars, Cigarettes, Joints, Blunts, Bowls, whatever, it IS in our constitutional Right to be free. It is infuriating to see them try to mandate common sense when the people in power have as much common sense as a three year old getting ready to stick a Fork into an outlet. FYI people, If you don't like smoke, Walk away. If you don't like Flavors in tabacco in fear that your kids will pick up the habbit, Do your Job as a parent and Don't let it happen. It IS your job, isn't it? They take away the rights of this group of people so that this other group of people doesn't get offended. Does that seem fair? Democratic? Not to me. We are American's Just Like everyone else, And if Obama Supports this Ground Zero Mosque,(which is idiotic by the way), Then I surely should be allowed to put WHATEVER I want in my pipe and smoke it. If American Isn't Free anymore, Tear down the Statue Of Liberty and build a Nice Golden Cage with the doors open and Gaurds standing all around with guns and battons so people still get the impression we're somewhat Free. Just for all you idiots that don't get what I am saying, its a crack at our Borders. Are they Keeping us safe by keeping them out, or are they Keeping us sealed away behind books of regulations and passport documents it takes to leave this Country. Free or Trapped, You decide. I am up for debate, Just email me.
Kantiki Jayamana
Wed May 19 2010 02:48
I found some exact numbers to add to this. According to the "2006 National Youth Tobacco Survey and Key Prevalence Indicators" cited by the CDC, only 6.6% of high school smokers are smoking flavored tobacco products other than menthol. Many are already questioning why Marlboro's parent company would be backing the bill. Knock out the indie tobacco market? Sure. My guess goes deeper. The black market doesn't card and sells for less. By banning so many brands and moving them into the market, it's possible Marlboro has destroyed the minimum age. But Marlboro would never do that. Themz good peeps.
Larry Stallard
Mon Jan 25 2010 15:16
“. . . a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.”

Hmmm....licorice is on the list but not excluded like menthol..........?
Let's see what Philip Morris puts in their cigaretts other than tobacco and menthol.
Wow! Look!!! They're STILL breaking the new FDA law.

Licorice extract (CAS # 68916-91-6) is currently used worldwide at levels below 14,000 ppm in selected cigarette brands manufactured and/or distributed by Philip Morris International. Licorice is applied to cigarette tobacco both as a flavor and casing material. It enhances and harmonizes the flavor characteristics of smoke, improves moisture holding characteristics of tobacco, thus increasing stability and shelf life, and acts as a surface active agent during the spraying process of casing ingredients, thus improving the rate of absorption of flavors uniformly and evenly into tobacco. Applied as such, licorice may be subject to pyrolysis-type reactions during the smoking process. This document summarises our internal studies and current published toxicology information on licorice extract abstracted from online toxicity databases. [14]

Maybe the "hush, hush" of the FDA is because of the buy off from Philip Morris. Classic federal communist corruption.

Drew
Thu Oct 15 2009 22:10
Agreed. I smoke at most once or twice a year but the policy and the "logic" behind it is incredibly infuriating.
Matt
Thu Oct 15 2009 14:02
How stupid, I don't even smoke and I'm angry about this. It's a huge infringement of everyday law abiding American's rights.






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