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Hold The Line on FDA Appropriations In Defense of Consumers

Dear House Appropriations Committee Members,

As an advocacy group engaged in work to protect and defend consumer choice, we urge you to keep in place Sections 768-769 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill. These sections refer to limiting the funding of several rules issued by the Food & Drug Administration to ban entire flavored categories of various tobacco and nicotine products without any reference to safer alternatives that save lives.

Over the past year, the FDA held exhaustive hearings and consultations on these provisions, which we did participate in and opposed at the time. Despite protests from consumers and civil society groups, they were implemented regardless.

By keeping these funding restrictions in the bill, you can support consumers making their own product choices, while preserving safer nicotine alternatives and avoiding the negative repercussions that would follow from product prohibition.

It is vitally important that the House Appropriations Committee pursue an actionable plan for incorporating harm reduction and reduced-risk nicotine alternatives in policy and at the FDA, rather than shortsighted bans that threaten to boost illicit markets.

If the agency  is serious about reducing smoking in our country, then the answer must center on harm reduction in all aspects, rather than ratcheting up bans and restrictions that will cause more harm.

Please keep these provisions in place and continue to stand tall in defense of consumer choice for your constituents. 

Sincerely Yours,

Yaël Ossowski

Deputy Director

Consumer Choice Center

(PDF version available here)

GOVERNMENT ARROGANCE DEFIES SCIENTIFIC FACTS

It may surprise those who need to become more familiar with how politics works in Hungary. Still, it is just business as usual for those familiar with the government’s stand on policy issues.

Whenever opposition members of parliament raise a sensible policy issue, the Hungarian government finds a way to either discredit the MP, shove the topic off the table, or completely disregard the issue. This was no different when László Lukács, the party group leader of Jobbik-Conservatives, asked the Minister of the Interior a question about revisiting the regulation regarding e-cigarettes. (It might be worth another article on what the Minister of the Interior has to do with health issues, but Hungary has not had a Health Ministry since Fidesz took over 13 years ago).

MP Lukács enquired about the possibility of changing the law since it has been in effect for seven years and new scientific evidence has come to light in many countries; people have experienced positive results due to more flexible legislatures and common sense.

But this is Hungary, where many policy issues meet with the arrogance of government officials who disregard facts and only focus on humiliating their colleagues in opposition.

The reply by the State Secretary was relatively straightforward. The Hungarian government considers vaping harmful and would not plan on changing the present legislation: no consideration, no openness to new studies, and no interest in looking at best practices.

The attitude of the State Secretary has shocked Michael Landl, the director of the World Vapers’ Alliance (the guest on our podcastsome months ago), who issued a press release about the official statement presented by the Hungarian government. According to Mr. Landl, “It is shocking that the Hungarian government still pedals worn-out and debunked myths about vaping. Rétvári systematically ignores scientific evidence proving the benefits of vaping, not to mention the first-hand experience of millions of vapers. Vaping is 95% less harmful than smoking and a more effective method to quit smoking than traditional therapies such as gum and nicotine patches. The Hungarian approach to vaping will do nothing but cost lives.” 

The director of the WVA also claims that the statement shows that Hungary ignores science and spreads misinformation about vaping. He says that “This is not a good sign for public health. Vaping is not the same as smoking and must be treated differently. Equating a 95% less harmful alternative with smoking will prevent thousands of smokers from quitting.”

It is worth noting that the Hungarian government disregards Swedish and British examples showing the success of using vaping as a harm reduction tool to give up smoking.  These two countries are experiencing record-low smoking rates and illnesses attributed to smoking, and they provide the world with good examples of switching from smoking to vaping. This, however, falls on deaf ears in the prohibitionist Hungarian government, which would probably also defend witchcraft if its interests required it.

Originally published here

‘Nip’ ban proposal should be thrown in the trash

Earlier this week, local Joplin businessman Jon Thomas Buck proposed that the Joplin City Council ban the sale and distribution of mini bottles of liquor.

Buck wants Joplin to follow the “nip ban” as adopted in the Boston area.

When asked about the proposal, Buck said, “We all know Joplin has struggled with issues related to litter and cleanliness in recent years. … One of the biggest culprits is the abundance of these small, single-serving bottles of alcohol. They are often consumed on the go and then discarded without a second thought, contributing to unsightly and unhealthy conditions in our city.”

But Joplin residents must ask themselves: Is this a good justification for banning what is essentially a small version of an otherwise legal product? The answer is no.

A mini-bottle ban is just another encroachment from the nanny state, this time aimed at adult consumers who prefer smaller bottles because they are convenient, ultimately punishing drinkers who want small serving sizes.

For public health, there is little evidence to suggest that prohibition of smaller-sized products works, certainly not from a harm reduction angle. If Joplin does go down the road of banning mini bottles, consumers will ultimately make one of two choices in response. The first is that they will buy these convenient bottles beyond Joplin’s city limits. This is obviously irritating for consumers and problematic for Joplin retailers as this motion tilts the scales against them.

The alternative to buying mini bottles elsewhere is, ironically, buying larger bottles of alcohol. It is hard to see how fewer alcohol-related incidents will arise from a policy that mandates consumers buy bottles of liquor 3 ounces or larger. Imagine trying to curb obesity by mandating that no meal can be fewer than 800 calories?

By stomping on convenience for consumers, Buck’s motion will actually end up nudging drinkers to larger bottles, and the possibility of more consumption and more alcohol-related incidents. This is a lose-lose scenario.

The second major critique of mini bottles is disposal. Because they are small, too many drinkers dispose of them by simply throwing them out on the street. Of course, this is unacceptable. There are laws against littering, and they need to be enforced. But surely the City Council can identify a problem that needs to be solved without deferring to prohibitionist policies? Other options, such as the expansion of trash bins on city streets or more by-law litter enforcement, should be exhausted before going down the route of a complete ban of a product consumers clearly love.

Those who support the ban highlight that because these bottles are small, they are virtually impossible to recycle. Some municipal websites across the United States explain that they often fall through the cracks of the sorting machines, and thus should be put in your trash bag as opposed to being recycled.

This is only true using dated machinery and recycling technology. Through chemical depolymerization, the repurposing of the bonds in plastics, virtually all plastic can be recycled. Take for example Alterra Energy in Ohio. Their advanced recycling plant takes in 40-50 tons of hard to recycle plastics (like mini bottles) and transforms them back into the building blocks for new plastic production, extending the life cycle of these hard to recycle plastics indefinitely.

Is Buck trying to reinvent the wheel of prohibition?

The prohibition of alcohol 100 years ago failed. The mindset of banning products that were deemed a nuisance caused more harm than good, which is why alcohol was then legalized.

Prohibition always promises results, but ends up creating a long list of negative second-order effects, many of which are worse than the initial issue of substance use.

Buck’s campaign to treat us all like children when it comes to the purchase of nips is going to have all the glory, majesty and success of previous prohibitions. The nip ban motion should be thrown in the trash can, along with your empty nips.

Originally published here

FTC Chair Lina Khan’s social media crusade is now just an expensive, taxing grudge against consumers who want cool tech

Red X on all your apps (generated by Midjourney AI)

WASHINGTON, D.C. – Extending its crusade against select social media firms, the Federal Trade Commission proposed several scathing amendments to a 2020-era privacy order with Meta on Wednesday, hoping to issue a blanket ban on “monetizing” youth data, a halt on all new innovations or product upgrades, and key criteria on privacy provisions.

The FTC has already attempted to halt several high-profile acquisitions by tech firms since Lina Khan’s ascension to FTC chair, including Microsoft’s purchase of video game company Activision, and Meta’s acquisition of the VR fitness app Within.

Yaël Ossowski, deputy director of the consumer advocacy group Consumer Choice Center, responds:

“These retaliatory actions prove the FTC is now subsumed by a hyperactive crusade against all mergers and acquisitions – and effectively consumer choice, especially when it comes to new technologies. This has a chilling effect on any and all new innovators and remains incredibly paternalistic to tech-native consumers who want robust competition.

“Business models come and go, and consumers should be the ones rewarding or punishing firms and services they want or don’t want to use, not the federal agencies temporarily in charge of competition policy,” added Ossowski.

The accusations by the competition agency that Meta has failed with respect to privacy also seem a bridge too far, especially considering the convoluted patchwork of state privacy laws and federal agency mandates that exist in lieu of a comprehensive federal law to safeguard consumer privacy.

“As consumer advocates, we regard privacy and data security as the most fundamental elements of a consumer’s online experience. But while there are true bad actors that exist and are actively committing offenses right now, the FTC is dead-set on pursuing an ideological agenda against a handful of American tech innovators, all the while excusing or remaining blind to the real privacy violations committed by foreign apps that have much larger reach and sway among young people.

“The FTC’s social media crusade is now just an expensive, taxing grudge against consumers who want cool tech. Consumers would prefer the agency punish bad actors and bad behavior rather than corner American tech companies into a labyrinth of compliance no one could ever reasonably pass.

“We as consumers deserve a vibrant online marketplace where the winners are chosen by us instead of whichever political faction happens to control a federal agency,” concluded Ossowski.

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The Consumer Choice Center is an independent, non-partisan consumer advocacy group championing the benefits of freedom of choice, innovation, and abundance in everyday life.

We champion smart policies that are fit for growth, promote lifestyle choice, and embrace tech innovation for tens of thousands of our members and society-at-large, using research and educational outreach to policymakers and the broader public. Learn more at consumerchoicecenter.org.

No good justification for banning nips in Boston

Early in March, Boston city councilor Ricardo Arroyo filed a motion to ban the sale and distribution of  mini bottles of liquor, aka nips.  Arroyo wants Boston to follow the nip ban as adopted in Newton, Chelsea, Falmouth, Wareham and Mashpee.

When asked about the proposal, Arroyo said the small bottles often end up as litter and that by banning these bottles Boston will experience fewer alcohol-related incidents.

But Bostonians must ask themselves: is this a good justification for banning what is essentially a small version of an otherwise legal product? The answer is no. The nip ban is just another encroachment from the nanny state, this time aimed at adult consumers who prefer nips because they are convenient, ultimately punishing drinkers who want small serving sizes.

For public health, there is little evidence to suggest that prohibition of smaller-sized products works, certainly not from a harm reduction angle. If Boston does go down the road of banning nips, consumers will ultimately make one of two choices in response. The first is that they will buy these convenient bottles beyond Boston’s city limits. This is obviously irritating for consumers, and problematic for Boston retailers as this motion tilts the scales against them.

The alternative to buying nips elsewhere is, ironically, buying larger bottles of alcohol. It is hard to see how fewer alcohol-related incidents will arise from a policy that mandates consumers buy bottles of liquor 3 ounces or larger. Imagine trying to curb obesity by mandating that no meal can be less than 800 calories?

By stomping on convenience for consumers, Arroyo’s motion will actually end up nudging drinkers to larger bottles, and the possibility of more consumption and more alcohol-related incidents. This is a lose-lose scenario.

The second major critique of nips is disposal. Because they are small, too many drinkers dispose of them by simply throwing them out on the street. Of course, this is unacceptable. There are laws against littering, and they need to be enforced. But surely the city council can identify a problem that needs to be solved, without deferring to prohibitionist policies? Other options, such as the expansion of trash bins on city streets, or more by-law litter enforcement, should be exhausted before going down the route of a complete ban of a product consumers clearly love.

Those who support the ban highlight that because these bottles are small, they are virtually impossible to recycle. Municipal websites across the state explain that they often fall through the cracks of the sorting machines, and thus should be put in your trash bag as opposed to being recycled.

This is only true using dated machinery and recycling technology. Through chemical depolymerization, the repurposing of the bonds in plastics, virtually all plastic can be recycled. Take for example Alterra Energy in Ohio. Their advanced recycling plant takes in 40-50 tons of hard to recycle plastics (like nips) and transforms them back into the building blocks for new plastic production, extending the life cycle of these hard to recycle plastics indefinitely.

Is Councilor Arroyo trying to reinvent the wheel of prohibition? The prohibition of alcohol 100 years ago failed. The mindset of banning products that were deemed a nuisance caused more harm than good, which is why alcohol was then legalized. The prohibition of cannabis in Massachusetts failed, as well.

Eventually legislators learned that the consequences of criminalizing cannabis were far worse than the harms associated with cannabis use. Prohibition always promises results, but ends up creating a long list of negative second-order effects, many of which are worse than the initial issue of substance use.

Councillor Arroyo’s campaign to treat us all like children when it comes to the purchase of nips is going to have all the success of previous prohibitions. The nip ban motion should be thrown in the trash can, along with your empty nips.

Originally published here

Britain’s ban on single-use plastics is bad news for consumers and the environment

British consumers can say goodbye to the comforts of plastic cutlery, plates, and food containers. Having already banned plastic straws, cotton buds, and stirrers, England joins Scotland in outlawing the mass manufacturing and distribution of single-use plastics from October 2023 onwards. Wales is in the process of drafting similar legislation.

The reasons behind the ban are visible to the naked eye. Sadly, everyone in Britain is familiar with the plastic litter and landfills spoiling the countryside.  Add the contribution that plastics make to greenhouse gas emissions and the threat they pose to the well-being of local plants and wildlife, and a ban to contain the problem begins to sound justified.

Emil Panzaru, Research Manager at the Consumer Choice Center, did not find the news welcome: “such prohibitions do more harm than good. In neglecting the dangers posed by substitutes to plastic in their impact assessments, British authorities unwittingly encourage options more damaging to the environment while depriving consumers of their choices.”

After all, it is too easy to see the awfulness of discarded forks and crushed cans gathered in a pile off the side of a road and conclude that plastics are the number one environmental threat. To support this case, the British government cites the use of 2.7 billion plastic cutlery yearly, only 10% of which are recycled, and emphasizes the link between degradable plastics and greenhouse gases.

What the government doesn’t see is the cost of producing alternatives. Once we break down the data behind greenhouse gas emissions and look at land and water consumption, ozone depletion, and resource depletion, we can see that your average consumer must reuse a cotton bag at least 7,000 times to justify its environmental impact. Compared directly, research finds that customers need to use cotton bags 52 times to reach the small footprint of a mundane Tesco carrier. These replacements are thus far more damaging than plastic ever was.

Given these issues, Panzaru suggested the following policies: “the British government needs to go beyond simplistic yet damaging solutions that paint plastic as bad and substitutes as good. If the worry is environmental, policymakers should address plastic use case-by-case, considering the costs that substitutes pose too.”

He concludes: “If the worry is that inconsiderate passers-by are spoiling the countryside, then littering and fly-tipping will not stop once the plastic is gone. Instead, the government needs to impose harsher punishments to deter people from littering in the future. This way, consumers will still be free to choose, and the environment will be better off for it.”

Taiwan Is About to Ban the Use of Nicotine Vapes

Taiwan looks set to become the next country in Asia to ban nicotine vaping products.

On January 12, amendments to the Tobacco Hazards Prevention Act effectively cleared the legislative floor. Now, the legislation only awaits a presidential nod—a formality given that President Tsai Ing-wen is from the ruling Democratic Progressive Party that proposed it. 

The news, which arrives not long after the Philippines enacted relatively pro-vape regulations, has elicited strong reactions from consumers, policy experts and medical experts, who had some hopes that the tide might be turning in favor of tobacco harm reduction (THR). 

Taiwan appears to be emulating regulations in nearby Japan, where heated tobacco products (HTPs) are sold legally but nicotine vapes are prohibited. The availability of HTPs in Japan has seen a dramatic reduction in cigarette sales. But THR advocates will wonder why an option indicated to have an even lower risk profile—and shown to be a more effective smoking cessation aid than nicotine replacement therapy—is about to become formally illegal. Other Asian countries to have banned vapes include India and Thailand

In Taiwan’s strained governmental nomenclature, HTPs have been classified “designated tobacco products” and are subject to regulation, while vaping devices have been accorded the category of “tobacco-like products.” The imminent ban includes use of e-cigarettes, with penalties of up to $330 for violations. (Previously, vapes had existed in something of a legal gray area.)

This has ignited debate in Taiwan, a country of 24 million where 13 percent of the population smokes, including almost a quarter of men. While millions of upset vape users have been left in the lurch, anti-tobacco groups are meanwhile demanding HTPs be banned too. The law, which will likely come into effect in a month after the presidential assent, will inevitably force vape shops to close and a rapidly growing industry to shutter or go underground.

While it’s difficult to deduce the motivations for the legislative decision, Taiwan policy experts and vape users point to a combination of misinformation, financial considerations trumping public health, and the positions taken by World Health Organization’s Framework Convention for Tobacco Control (WHO FCTC) on novel nicotine alternatives.

“The issue did not have enough public discussion and the approach to harm reduction should be more thoroughly debated,” Simon Lee, the Taiwan policy fellow at Consumer Choice Center, a global consumer advocacy group in Washington, told Filter. “For instance, we have seen misinformation, especially with regard to nicotine, circulating among anti-tobacco activists. It is beyond reasonable doubt that Taiwan’s consumers deserve a much better outcome.”

Read the full text here

Alcohol labeling and ban: Ireland in the dark path of Lithuania

European Union member states are busy regulating alcohol use and limiting consumer choice even though historically, it has shown that bans and limitations on use have had the opposite effect as had been intended.

There are two recent examples of strict alcohol regulations, both coming from countries where alcohol consumption is high. Hence, lawmakers believe that limitations are needed to decrease the number of drinkers.

Lithuania started down this road in 2017 when Parliament put the following into to law: they banned the advertisement of alcohol; the legal age to buy alcohol was raised to twenty; the opening hours for shops to sell alcohol was shortened; in restaurants, maximum alcohol content was maximized; and alcohol sale at sports events or on the beach is also restricted.

The measures have become very unpopular among consumers in the past years. However, there has yet to be a severe political movement to repeal the law. As usual with similar bans (think of the Prohibition in the USA a century ago), people have found ways to find loopholes in the system. Youngsters asking their older friends to purchase alcohol, people crossing borders to find alcohol in other countries after the ban hours, or the illegal sale of alcohol at houses are just a few examples of the creative ways people come up with.

At the other end of the continent, Ireland has been active in regulating alcohol sales. Recently, plans have been introduced to label alcohol products with possible health risks once consumed. The decision is very disadvantageous for Irish consumers who will be deprived of some of the best wines of Italy, France or Portugal, because it will just not be worth it for them to take on the costs associated with relabeling bottles for a market as small as Ireland. Both sellers and buyers will lose due to this decision.

We at the Consumer Choice Center condemn any alarmist measure that is unjustified but would have the effect of influencing consumers to make negative decisions. It worries us to see that politicians are jumping on the bandwagon of populistic legislation for unfounded reasons, as treating all responsible drinkers as if they drink excessively is anything but a sound decision.

The message from consumers to lawmakers when they are obsessed with regulating their lives is that they should finally be considered adults and not treated like children when they want to make their own choice. If problematic drinking is an issue of concern in either of these countries, then legislative action should be taken in a targeted way that focuses on those who struggle with substance abuse, rather than a heavy handed approach that treats all drinkers as if they are alcoholics. 

Temperance makes a comeback

Dramatic shift in alcohol consumption guidelines could undermine the ultimate goal of harm reduction

More than 100 years ago temperance organizations promoting total abstention from alcohol and ultimately prohibition were a force to be reckoned with in Canada. Luckily for Canadians, sanity ultimately won out and alcohol was legalized in all provinces in the 1920s. Temperance societies may now seem like a thing of the past but there is a growing movement of lobby groups carrying the same banner under a different name.

Take, for example, the Canadian Centre for Substance use and Addiction (CCSA). Just this month it released a new report on alcohol that concluded that consuming more than two alcoholic beverages per week could seriously jeopardize your health. Yes, according to the CCSA, anything more than two beers in a seven-day period is cause for concern.

The CCSA’s new proposed alcohol guidelines are a radical departure from existing guidelines, which state that adults can consume upwards of 15 drinks per week for men and 10 drinks per week for women without serious danger to their health. Based on pre-pandemic data, upwards of 85 per cent of Canadian drinkers consume responsibly, according to these guidelines. Fifteen per cent of drinkers do not, however, and their problem drinking is obviously cause for concern.

The CCSA’s drastically lower guidelines for alcohol consumption will target many more than the 15 per cent of drinkers who regularly exceed the current standards. In terms of realistic public outcomes, it would be far better to focus on the relatively small number of people who struggle with serious alcohol abuse rather than to shift the goalposts so much that virtually all alcohol consumers in Canada become problem drinkers overnight.

In fact, shifting the standard so dramatically could undermine the ultimate goal of harm reduction: guidelines so divorced from the everyday experience of Canadians likely will be ignored by alcohol consumers across the country.

Another CCSA suggestion is a new “standard drink” label for alcohol. Different types of alcoholic beverage would carry labeling indicating how many such standard drinks were in each container. At first glance, this may seem to make sense, especially if the pandemic has warped many consumers’ views of what qualifies as one drink.

On the other hand, a drink’s impact will vary from person to person and situation to situation. Even for the same individual, alcohol’s impact can vary depending on how tired they are, their hydration or whether they have eaten recently. A standardized drink metric might well provide many drinkers with a false sense of security, especially regarding impaired driving. Consumers might believe that consuming two drinks at a bar leaves them able to drive when in fact the impact of those two drinks varies significantly depending on circumstances. Moreover, alcohol sold in Canada already indicates the volume and percentage of alcohol, which are clearly defined scientific metrics, on the bottle.

Beyond the merits of CCSA’s recommendations, there are obvious problems with the policy model in which government funds organizations whose purpose is to lobby government for policy changes. The CCSA is almost entirely funded by the federal government. How strange it is, in this post-Prohibition age, that the government funds a group whose mission is to discourage even moderate alcohol consumption. As Professor Sylvain Charlebois has pointed out, it’s like giving vegan organization PETA money to do a report on beef consumption in Canada. There’s not much suspense regarding what the report will say.

We know that the pandemic — specifically being home-bound for the better part of two years — shifted Canadians’ patterns of alcohol consumption. But the response to a 100-year pandemic is hardly justification for caving in to the new temperance lobby. Expanding the nanny state and infantilizing responsible drinkers is not the answer to any problem.

Originally published here

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