Monday, September 2, 2024

Case Closed: Tobacco 21 Laws Don't Work

The latest study of Tobacco 21 laws shows they were a resounding....DUD in terms or reducing young adult smoking, vaping, or smokeless tobacco use rates in the USA.  Being published in a famously anti-tobacco journal, Tobacco Control, the authors of course wanted to put a positive spin on it though nonetheless, as shown below (emphasis ours):  

Results Although we did not find evidence that state T21 laws were associated with cigarette, smokeless tobacco or ENDS [i.e. vapes] use overall, the federal T21 law was associated with lower use of all three tobacco products by 0.39–0.92 percentage points. State flavour restrictions were associated with lower use of cigarettes by 0.68 (−1.27 to –0.09) and ENDS by 0.56 (−1.11 to –0.00) percentage points, but not with smokeless tobacco. A three-way interaction revealed that state and federal T21 laws together were associated with a lower prevalence of ENDS use among 18–20 years, but there were no differences in cigarette use from both policies combined versus either alone.

Conclusion State and federal T21 laws are broadly effective at reducing adult tobacco use, while state flavour restrictions specifically lower use of cigarettes and ENDS.

Got that? The state level laws were useless, period, but the federal Tobacco 21 law passed in December 2019 was somehow "broadly effective" because it appeared to trivially reduce tobacco/nicotine product use by not even a full percentage point.  Never mind that that latter was not enforced until well into 2020, enforcement still remained spotty for a while, and that its passage coincided with two major confounds:  1) the EVALI (vaping illness) outbreak that, while clearly due to adulterated black market THC vape products, was fearmongered by the mainstream media to include all vape products, and 2) the COVID-19 pandemic that, for better or worse, seemed to discourage smoking and encourage quitting, since many people feared that smoking made them more vulnerable to the virus.  But no, it HAD to be due to the Tobacco 21 law, because reasons.  Or something. 

Even flavor restrictions were more effective than Tobacco 21 laws!

So how many IQ points did YOU lose from the mental gymnastics of reading all for the above quoted article abstract beyond the stuff in bold?  The study was behind a paywall of course, so we couldn't delve further into it, granted.  But even a cursory reading of the abstract shows that the Tobacco 21 laws are a joke, and not a very funny one at that.  And worse, it may have even driven some young vapers (back) to smoking, which would clearly be a net public health loss.  But try convincing the zealots of that!

These unimpressive findings dovetail nicely with other studies as well.  As for whether raising the tobacco/nicotine age limit from 18 to 21 reduces the use of such products among people under 18, the evidence for that is very weak and mixed at best.

As for the few previous studies that did appear to find statistically and practically significant effects from the Tobacco 21 laws, those apparent results are most likely a result of short-term effects as well as an artifact of confounders like cigarette tax hikes.  

(Cigarette tax hikes, which mean higher prices, are in fact one of the most effective and cost-effective ways to reduce smoking at the population level, though they still have their limits of course.  And while they may be classist, at least they are not ageist, and they don't blatantly violate anyone's civil rights.)

Regardless, even if Tobacco 21 laws were ever proven to be effective, Twenty-One Debunked would still oppose them on principle, as we believe that in a free society worthy of the name, civil rights inherently supersedes "public health".  That is true in regards to tobacco, alcohol, cannabis, or anything else.  

(Mic drop)

UPDATE:  A few older studies have found modest but significant decreases in retail tobacco sales following the raising of the smoking age to 21 in early adopter states like California and Hawaii.  And another study found no change in overall ever or current smoking among California 18-20 year olds, but did find a modest decrease in daily smoking among that age group relative to 21-23 year olds (whose daily smoking actually increased three years later) in the same state.  This of course echoes Miron and Tetelbaum (2009) as well as Asch and Levy (1987 and 1990), Males (1986), and Dee and Evans (2001) in regards to the 21 drinking age.  That is, endogeneity, early-adopter effects, short-term effects, and seesaw/delay effects all appear to be at play here.  The supposed miracle turned out to be a mirage all along, in other words.  Thus, especially in light of the most recent study discussed in this article, there were really no benefits that cannot be alternatively achieved with higher cigarette taxes and/or better enforcement of the previous 18 age limit, and if anything the 21 age limit appears to be counterproductive in the long run.

UPDATE 2:  Even the CDC's very own 2022 study found mixed and ambiguous effects of Tobacco 21 laws, and such effects sometimes even appeared to differ by race as well (in favor of whites, with null or even perverse effects on young people of color).  Oops!

UPDATE 3:  Another recent study found that while self-reported teen smoking and vaping rates declined after Tobacco 21 laws, biomarker exposure showed mixed evidence at best, implying that fewer young smokers are identifying as smokers (and similar findings for vaping).  Thus, the supposed reductions in smoking and vaping in surveys and sales data are at least largely an artifact of underreporting and cross-border shopping rather than real reductions.  Oops!

16 comments:

  1. Good article, Ajax.

    I have a few questions. Maybe you can enlighten me.

    I'm interested to know how the authorities in your country attempt to enforce these laws.

    Firstly, would I be correct in thinking that ID checks are easy to get around using a fake ID, a disguise, or simply force-purchasing? (Such as putting the money on the counter and walking out with the drink.)

    Secondly, apart from using ID checks, what other methods of enforcement are used?

    I know you've previously mentioned Social Host, Internal Possession and stuff like that.

    But how can the police arrest someone for underage drinking or smoking or even just possession if they can't accurately tell their age? Do 21 year olds who look 18 sometimes get arrested?


    Regards,

    Wayland

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    1. For sales of both alcohol and tobacco, they generally rely on "compliance checks" involving decoys, which are basically nerfed so no one can claim entrapment, as they would otherwise straddle that fine line. Sometimes they do "reverse stings" like the program called "Cops In Shops" to bust underage buyers of alcohol.

      For tobacco, in most states underage possession is not illegal, or it is decriminalized and non-arrestable. (Thank God for small mercies, right?) For alcohol, on the other hand, underage possession and/or consumption is illegal and arrestable in most states. So yes, sometimes people over 21 get caught I the dragnet, especially if they are with people under 21, and often get blamed for supplying (furnishing) them with alcohol. That dovetails with those ancillary laws like Internal Possession, Social Host, and stuff like that. It's really quite Orwellian.

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    2. Wow, they do seem to have lost the plot. Ironically it seems the biggest losers from this are not underage drinkers or smokers, who can easily get their alcohol or tobacco using the methods I listed, but law abiding shop owners and party hosts, who get unfairly blamed for underage drinking and smoking. Also strange that 'Conservatives' are pro-business and anti-regulation except when it comes to this.

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    3. And yes, fake IDs are quite common in the USA. A lot of places now scan IDs to make sure they are legit, but not every place does. As for force purchasing, I am not sure how often that happens, as most people probably aren't that bold.

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    4. Indeed, they have completely lost the plot long ago. And yes, the biggest losers in this game are the law abiding shop owners and party hosts, given how wide the dragnet has become.

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    5. And yes, the "small government conservatives" are the biggest flaming hypocrites of all in that regard, carving out a convenient exception for the vices and/or age groups that they personally dislike. Because reasons.

      Not to say that the neoliberal pseudo-left and wokesters aren't hypocritical too in that regard. They certainly are as well.

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  2. It's stranger than fiction, really. We are run by such authoritarian control freaks over here. Very selective, of course, as tyranny is always whimsical.

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  3. Well, as I've said before, there should be far less emphasis on enforcement of age limits and more emphasis on using taxation and the price mechanism to address alcohol/tobacco abuse.

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    1. Indeed, the most that one could ever possibly say about enforcement of age limits (or bans) in terms of effectiveness is that it adds a bit of "friction" to make it marginally less easy and convenient, which *in theory* tones down excessive use of whatever substance at the margins Raising prices high enough would accomplish the same thing in practice but much more efficiently, and with far less collateral damage. But we also need to be honest that even the latter strategy has its limits as well. Best to be protopian, not utopian, in other words.

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  4. Thanks. Just now I found out the Drinking Age was 18 in the Shah's Iran before 1979. I didn't expect this as even then it was a strongly Muslim country.

    https://cheetah-adventures.com/drinking-in-iran/

    "During the reign of Mohammad Reza Pahlavi, the last Shah of Iran, drinking was legal in most cities. Bars served alcoholic beverages to adults past the legal drinking age of 18, and people could frequent pubs to spend time with their friends or go to cabarets to watch artists dance and sing."

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    1. You're very welcome, Wayland. That is very informative about the Shah's Iran. There are even some Muslim countries to this day that set it at 18 (Morocco, Turkey, Iraq, etc.), and it still remains at 16 in the Palestinian territories as well.

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    2. And surprisingly, even many hardcore dictatorships have set the drinking age at 18 or lower. For example, Communist China didn't even HAVE a drinking age at all until 2006, when they set it at 18. North Korea sets it at 17. The USSR was 18 until Gorbachev briefly raised it to 21. And even Nazi Germany I think set it at 16 or no age limit at all for alcohol (though they did set the tobacco age limit at 18 for men and 30 for women). So the USA, the supposed land of the free, basically sets the drinking age and smoking age higher than many full-blown dictatorships.

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