Opinion

Smoke, Smoke, Smoke That Cigarette

September 23, 2009 - 11:00pm
By Leigha Kemmett

[Author’s note: I do not smoke — cigarettes or otherwise — nor have I ever. It is disgusting when my hair smells like an ashtray after standing next to people who smoke, and the cigarette butts that litter the entrance of my building are just as nasty. I also do not want to die of lung cancer.]

In this wonderful country of ours, I am guaranteed the right to the pursuit of happiness — and cigarettes make me happy. Given that I am a ripe 21-years-old, I should damn well be able to buy the cigarettes of my choice.

Our government, however, disagrees. On Tuesday, the Food and Drug Administration enacted a ban on the sale of cigarettes flavored like cloves, fruit, candy, cola, chocolate — basically every possible flavor except for menthol, ironically the most popular cigarette flavor.

The agency stated that the ban was designed to reduce teenage and youth smokers, as flavored cigarettes help to “lure” young smokers into the practice.

This is a fine idea in theory. I am not at all against preventing smoking among young people. I am perfectly OK with the fact that anyone younger than 18 cannot purchase cigarettes in the U.S. (although the fact that the minimum age is 19 in some areas, including New Jersey and several New York counties, seems a bit excessive). I couldn’t care less that cigarettes are taxed at absurd rates. I think President Obama’s smoking habit sends a bad message to the children who admire him. I even cheered when smoking was banned in restaurants — I’d rather smell my lemon-glazed salmon than a bouquet of second-hand smoke.

That said, however, the United States prides itself on liberty and freedom. And banning the sale of flavored cigarettes is not just a ban to prevent youth smokers, but an early step in what could become an all-out ban on cigarettes. While to some non-smokers this may not seem like such a bad idea, Prohibition seemed like a good idea at the time, too — and I don’t think I need to remind you of what a disaster Prohibition was.

While we don’t need to start lobbying against a cigarette Prohibition just yet, as the F.D.A. does not have the power to ban cigarettes or nicotine outright, there is still reason for concern — there are already proposals floating that would limit the amount of nicotine in cigarettes, which could represent the top of a slippery regulatory slope.

On the note of slippery slopes, the F.D.A. hasn’t even clarified exactly what qualifies as a cigarette under the new ban. Different F.D.A. officials have given different answers regarding whether small, cigarette-like cigars count; the official ruling of the agency’s lawyer, according to the New York Times, is that “if consumers believe a product is a cigarette, then the law defines it as a cigarette no matter how it is wrapped or labeled.” Really?

But let’s get back to the issue of the flavoring. Virtually every possible flavor is banned, except the most popular — menthol. According to a 2006 study by the American Journal of Public Health, almost 44 percent of smokers aged 12 to 17 prefer menthol cigarettes. Additionally, according to the University of California, San Francisco, almost 70 percent of African American smokers light up menthols. African Americans, while smoking on average at the same rate as other demographics, have much higher rates of lung disease and death due to smoking. So, if the goal is to reduce smoking and smoking-related illness and death, why not include menthol flavoring in the ban?

There are obviously myriad reasons why menthol wasn’t banned — lobbying, tax revenue, fear of a racially biased policy. The government, with this bill, is simply pandering to interest groups, whether they be anti-smoking interest groups, minority interest groups or big tobacco. Without banning menthol, the legislation is almost pointless, a threat that hardly serves to prevent youth smokers as it intends.

Instead, it is a symbolic step, as many government bans before it have been. It is the F.D.A. testing their new powers to regulate tobacco. But these small, seemingly meaningless steps can have large implications in the long run — and if someday, we no longer have the right to light up a cigarette in our own country, you can’t say I didn’t warn you.

Leigha Kemmett is a senior in the College of Arts and Sciences. She may be reached at lkemmett@cornellsun.com. Starboard Tact appears alternate Thursdays this semester.


Related Topics: cigarettes, liberty, taxes