However, Twenty-One Debunked also feels that there is a right way to do so, as well one or more wrong ways to do so. Currently, as several anti-smoking groups caught wind of the FDA's still-tentative proposal, they have been making recommendations on how to do it--mostly in the direction of the wrong ways. As for the right way, Twenty-One Debunked recommends the following:
- Phase the nicotine content limit down to 0.4 mg/g gradually rather than immediately, over of a period of at least one year but no more than five years.
- If decided to implement in a single step, have a delay of at least six months to a year between finalization of the rule and the effective date.
- Allow existing non-compliant inventories to be sold, applying the nicotine limits only to products manufactured or imported after the effective date of such limits.
- Exempt large cigars, defined by size or weight of tobacco, as well as pipe tobacco (which can be defined as having an alkaline pH that is a bit harder to inhale). While still addictive and harmful, the tobacco epidemic is not driven by these products.
- And of course, exempt smokeless tobacco.
- For vape products, cap nicotine levels at current European and Israeli levels (but no lower). Note that nearly all brands, with the notable exception of JUUL, would already be compliant.
- And of course, DO NOT raise the age limit for any of these products any higher than 18. Ever. Period.
Rather, we should think of manufactured combustible cigarettes and little cigars the same way we did with A19 incandescent lightbulbs effective 2014. Did we really end up missing those? Was there ever a black market for those? Gee, I wonder why. And now, four years later, the cost of LED bulbs has plummeted so much, to the tune of 90%, that they are now available in Dollar Tree and similar dollar stores.
Gradually and gingerly is the best way to do it. And any fears of harmful compensatory behavior (i.e. puffing harder and deeper, and/or smoking more cigarettes) during the relatively brief phasedown period can be rendered moot by simply raising the federal cigarette tax a bit again, if we must.
Food for thought indeed.
Unfortunately, I believe that the Tobacco 21 will return with a vengeance starting in 2019. Democrats have won many gubernatorial elections and many state legislatures picked up more Democrats. In addition, the moral panic over vaping by young people will be a bigger catalyst for legislators to pass Bill's which will raise the smoking age and tobacco purchasing age to 21. The FDA is implementing stricter rules as well. With all this put together, the lull in the oppressive movement was simply temporary for 2018, for it will restart in 2019.
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