FDA v. Brown and Williamson Tobacco Corporation
Tobacco causes cancer. These three words have been used together for many years. However, more often than not, they are ignored. “Tobacco is the leading contributor to mortality in the United States, each year claiming more than 430,000 direct users and between 40,000 and 67,000 individuals who are exposed to environmental tobacco smoke.” (Houston, Kaufman, 2000) The bottom line – smoking contributes to more deaths than AIDS, car accidents, alcohol, homicides, illegal drugs, suicides, and fires – combined. In the following pages we will examine the history of tobacco, regulation efforts by the Food and Drug Administration and the federal government, and the United States Supreme Court’s landmark decision on tobacco regulation. Tobacco has had a long history in America. Many historians would argue that without tobacco this country would not exist. Since 1619, when John Rolfe first introduced tobacco, it has had major social, economic, and medical importance. It was not until the middle of the twentieth century that we discovered the harmful side effects of use and abuse of this product. In 1950, The Journal for the American Medical Association published the first article that linked tobacco to can
Like the tobacco companies, we too, have a choice. We need to stop blaming the tobacco companies for the decisions that we make, and although we cannot change the past, we can determine our future. I am not siding with the tobacco companies, or justifying the product they manufacture. It kills many people each year, but the choice is ours. This country is a wonderful place to live; would you not like to spend every moment possible living a healthy and prosperous life? Another aim of the FDA is to make the warning labels on the cigarette packages, bigger; including pictures of cancer-ridden lungs has even been suggested. Smokers handle their packs of cigarettes several times throughout a day; does the FDA truly believe they have not noticed the existing warnings? Surely the FDA does not think that smokers are all of a sudden going to realize, “Wow, these cigarettes are really not healthy.” Tobacco users could care less what is on the outside of a package. As long as there are at least twenty “coffin nails” inside, the user is satisfied. The tobacco industry has recently come out in support of regulation by the FDA. However, their view of regulation and the way that legislation should regulate are worlds apart. The tobacco companies see regulation as a marketing tool of their new and improved low tar, low nicotine products. Stamped with the FDA “seal of approval,” their products will appear much safer than the “cancer sticks” of yesteryear. This should not be allowed to happen. When it comes to the regulation of these dastardly products, the FDA must stand for very stringent guidelines. The only way to combat this serious public health problem is to establish concrete guidelines and to demonstrate a relentless effort to maintain them. The tobacco companies have proven time and again their willingness to bend the law to its outer extremities, with no repercussions for their actions. Government lawyers say the FDA rules restricting teenagers’ access to cigarettes and preventing tobacco companies from promoting their products to young people offer “an unparalleled opportunity to curb tobacco use by children.” A national minimum age of eighteen for buying cigarettes and smokeless tobacco, and a requirement that retailers check the photo identification of any purchaser who looks younger than 27 are among the mandates. (Biskupic, 1999)
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Approximate Word count = 3403
Approximate Pages = 14 (250 words per page double spaced)
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