Government regulation of the tobacco industry and smoking restrictions

Marlboro Regulations

In many industries that provides goods or services to consumers the government has a hand in the regulations that must be followed but few industries are as intimately involved with the government as the tobacco industry is. Marlboro tobacco produces some of the most widely used tobacco products in the nation and does so under extremely narrow government guidelines.

THE FACTS

Years ago, people who wanted to use tobacco products did so freely and without limitations. People could smoke almost anywhere. It was not unusual to see someone smoking in a grocery store, hospital room or movie theater. In recent history however there have been moves made on a government level that have increasingly limited the areas in which people could use tobacco products and currently there are very few places where smoking is allowed. In some states it is now illegal to smoke anywhere but in the enclosed privacy of one's home while in other areas of the country it is sill allowed but with limited freedom about when and where it can take place (tobacco http://www.imperial-tobacco.com/files/financial/reports/ir2004/index.asp?pageid=23).

Those who lead the tobacco industry believe the smoking bans have not caused a material reduction in consumption while those who favor the legislative measures believe that if nothing else it is maintaining a level of safety for those who choose not to smoke by removing their exposure to second hand smoke.

HOW the REGULATIONS CAME ABOUT While the tobacco industry does have a difficult time swimming upstream against all of the various government regulations placed in its path there the industry as a whole has to walk a thin line between supporting those regulations and fighting against them in the face of evidence that their product is harmful (Tobacco, Federal Regulation of (http://www.americanheart.org/presenter.jhtml?identifier=11223).

The government studies have indicated that "tobacco use remains the single most preventable cause of death in the United States. More than 440,000 Americans die each year from tobacco-related disease, with heart disease, stroke and other cardiovascular diseases accounting for more than one-third of these deaths (Tobacco, Federal Regulation of (http://www.americanheart.org/presenter.jhtml?identifier=11223)."

The government has been working on legislating its use and sale since the 1960's when attention first turned to the potential dangers for smokers and users of other tobacco products.

In 1996 the U.S. Food and Drug Administration (FDA) asserted jurisdiction over tobacco products under the Food, Drug, and Cosmetic Act (Tobacco, Federal Regulation of (http://www.americanheart.org/presenter.jhtml?identifier=11223)."

The regulations involved at that time were designed to promote some control over the advertising and promotional aspects of the industry. The tobacco industry answered with a federal law suit that argued the Food and Drug Administration did not have the authority to legally regulate the tobacco industry.

In 2000 the United States Supreme Court agreed and told Congress to enact specific legislation that would then allow the FDA to have that authority. Before this suit was decided however the FDA managed to get many changes made in the industry through regulations including the packaging warnings on each tobacco product about the dangers of using that product (Tobacco, Federal Regulation of (http://www.americanheart.org/presenter.jhtml?identifier=11223).

In addition the regulatory committees managed to get tobacco advertisements removed from television and radio leaving only specifically allowed types of print ads available.

The tobacco industry was not happy with the legislative efforts to ban its products from shelves and homes. In fact "with the tobacco industry's defeat of the FDA regulations, the federal government currently preserves a minimal collection of federal regulations that do little to protect U.S. consumers from the dangers of tobacco. Unlike other companies whose products are consumed by humans, tobacco companies are not bound by common-sense laws, like the requirement to disclose ingredients and warn about carcinogens. Surgeon General warnings, prohibition of television advertising, and some agricultural safeguards are the only federal tools left to educate and protect American consumers. Some individual states have gone further by passing clean indoor air laws that require public areas to be "smoke-free (Tobacco, Federal Regulation of (http://www.americanheart.org/presenter.jhtml?identifier=11223)."

The tobacco industry has some heavyweight contenders lined up to fight against its protests including the American Heart Association.

CONCLUSION

The tobacco industry is heavily regulated by the federal government. The industry at first fought against those regulations but a few years ago decided to switch tactics and agree with regulations as long as they were still allowed to produce their products and sell them to adults. Government regulations can place a chokehold on a profit industry but with the proper attitude, strong lobbyists and the right response it does not have to mean the end of the one's ability to make a profit in business. The tobacco industry has proven this while still selling products that are directly responsible for deaths throughout the world.