Bootleggers, Baptists, and E-Cigarettes

52 Pages Posted: 31 Jan 2015  

Bruce Yandle

Clemson University; PERC - Property and Environment Research Center

Roger E. Meiners

University of Texas at Arlington

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Andrew P. Morriss

Texas A&M School of Innovation; PERC - Property and Environment Research Center

Date Written: January 1, 2015

Abstract

Electronic cigarettes pose competitive threats to the makers of traditional cigarettes and nicotine replacement therapies such as nicotine gum and patches. It is no surprise that these producers, and the governments that earn revenue from tobacco taxes, respond by seeking controls on the competition. Similarly, despite evidence that e-cigarettes may be beneficial in helping tobacco smokers quit, assorted public health researchers and groups have attacked e-cigarettes as a health danger. This episode allows application of the Bootlegger and Baptist theory of regulation. Diverse groups, not necessarily working together, and with different motives, share in a goal of limiting how e-cigarettes enter the market. Those who profit from the current tobacco market structure and some health advocates plead for politicians and regulators to restrict the new product.

Keywords: Keywords: tobacco regulation, electronic cigarettes, Baptist and bootlegger, rent-seeking, health regulation

JEL Classification: K23, K32

Suggested Citation

Yandle, Bruce and Meiners, Roger E. and Adler, Jonathan H. and Morriss, Andrew P., Bootleggers, Baptists, and E-Cigarettes (January 1, 2015). Case Legal Studies Research Paper No. 2015-3. Available at SSRN: https://ssrn.com/abstract=2557691

Bruce Yandle

Clemson University ( email )

101 Sikes Ave
Clemson, SC 29634
United States

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Roger E. Meiners

University of Texas at Arlington ( email )

415 S West St Apt no 205
Arlington, TX 76013
United States

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)

HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Andrew P. Morriss

Texas A&M School of Innovation ( email )

1249 TAMU / 645 Lamar St.
College Station, TX 77843
United States

PERC - Property and Environment Research Center ( email )

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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