Tobacco Endgame Strategies: Challenges in Ethics and Law

Tobacco Control, Vol. 22, pp. i55-i57, 2013

Georgetown Public Law Research Paper No. 13-027

5 Pages Posted: 19 Apr 2013

See all articles by Bryan Thomas

Bryan Thomas

University of Toronto - Faculty of Law

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Date Written: March 1, 2013

Abstract

There are complex legal and ethical tradeoffs involved in using intensified regulation to bring smoking prevalence to near-zero levels. The authors explore these tradeoffs through a lens of health justice, paying particular attention to the potential impact on vulnerable populations. The ethical tradeoffs explored include the charge that heavy regulation is paternalistic; the potentially regressive impact of heavily taxing a product consumed disproportionately by the poor; the simple loss of enjoyment to heavily addicted smokers; the health risks posed by, for example, regulating nicotine content in cigarettes — where doing so leads to increased consumption. Turning to legalistic concerns, the authors explore whether endgame strategies constitute a form of ‘regulatory taking’; whether endgame strategies can be squared with global trade/investment laws; whether free speech rights are infringed by aggressive restrictions on the advertisement and marketing of cigarettes.

Keywords: tobacco endgames, tobacco regulation

JEL Classification: K00, K30, K39

Suggested Citation

Thomas, Bryan and Gostin, Lawrence O., Tobacco Endgame Strategies: Challenges in Ethics and Law (March 1, 2013). Tobacco Control, Vol. 22, pp. i55-i57, 2013, Georgetown Public Law Research Paper No. 13-027, Available at SSRN: https://ssrn.com/abstract=2252597

Bryan Thomas (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9038 (Phone)
202-662-9055 (Fax)

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