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End the vape ban 

In a move that sent waves across South and Southeast Asia last week, Thailand’s Public Health Minister and Deputy Prime Minister Anutin Charnvirakul iterated that the importation and production ban on vaping products will continue, depriving Thai smokers of provable alternatives to quit.

Harm-reducing alternatives to combustible cigarettes, including vaping devices, heated tobacco, and oral pouches, provide nicotine in a less harmful fashion, according to most major health bodies, but the minister was insistent that the rising use of these products by young people was enough to warrant their continued ban.

While nicotine alternatives remained banned, the minister has been praised for his efforts to decriminalise cannabis products, and rightly so. 

But the continued prohibition on nicotine alternatives such as vaping, however, is a dangerous path that removes opportunities for Thailand’s large population of smokers — currently estimated at nearly a quarter of the population, some 15.4 million people. 

Read the full article here

THE COUNTERFACTUAL: What is WHO doing about ENDS?

Republished from Clivebates.com with the consent of the author

This section really reveals that WHO does very little other than publish prohibitionist propaganda. It is however worthwhile noting that its regrettable dependence on voluntary contributions leaves it exposed to major conflicts of interest. 

WHO does not pay attention to the evidence. If it did there would be much more discussion of trade-offs and possible benefits and a proportionate and more realistic approach to the risks. In fact, the report highlighted, the WHO Report on the Global Tobacco Epidemic, was “made possible” by the private foundation of the billionaire, Michael Bloomberg, who coincidentally figures prominently in the report despite the claim that it is independent. The report acknowledgements include several anti-vaping activists, some funded by Bloomberg, brought in to do the work.

The influence of anti-vaping outsiders on WHO’s finances. Bloomberg’s foundation, Bloomberg Philanthropies, campaigns for vaping prohibitions to the extent possible wherever it works via the work of its grantees. Take the major Bloomberg funding recipient, the Union, for example: and its prohibition policy, Why bans are best. Bloomberg’s approach to evidence and data on tobacco is discussed here: Michael Bloomberg loves data. Except when he doesn’t

WHO is conflicted by the funding it receives from pro-prohibition Bloomberg Philanthropies ($23m). Then there is also the much larger WHO donor, the Bill and Melinda Gates Foundation ($592m), which supports a range of organisations hostile to tobacco harm reduction. In addition, there are also pharmaceutical companies like GSK ($12.3m) that provide multi-million dollar donations to WHO but take a hostile stance toward e-cigarettes. 

Note that this money does not have to be spent on anti-vaping campaigns for the policy position of the donor and the donation to create a conflict. The point is that anti-vaping organisations play a significant role in WHO’s finances.

Written by Clive Bates

Thailand takes the dangerous path of denying harm reducing alternatives

Thailand’s Public Health Minister and Deputy Prime Minister Anutin Charnvirakul said last week that the importation and production ban on vaping products will continue, depriving Thai smokers of provable alternatives to quit.

“Thailand’s failure to acknowledge the powerful benefits of harm reduction — specifically in vaping products and other nicotine alternatives — shows that they are letting down the 15.4 million Thai smokers,” said Tarmizi bin Anuwar, an associate at the Consumer Choice Center.

“There is a reason that countries such as Japan, and more recently the Phillippines have embraced these novel technologies, empowering their own people and giving them legal alternatives to save lives. The government must take an evidence-based policy approach in developing policy to ensure that the government does not do wrong actions,” he added.

“Every health ministry in the world is looking for solutions to reduce the use of combustible tobacco by their populations. While they continue searching, nicotine alternatives such as vaping have proven to be a gateway away from smoking and are now a key tool for harm reduction globally,” said Yaël Ossowski, deputy director at the Consumer Choice Center.

“If the Thai government continues its prohibition on nicotine alternatives, they are depriving their citizens of other means of putting down the cigarette. This impacts every segment of society — young and old — and will have real health consequences.

“To demonstrate to the international community that Thailand is serious about this issue, they should empower their consumers and entrepreneurs to deliver the solutions that have already driven record-low smoking rates in other countries, by embracing and legalizing vaping products and nicotine alternatives,” said Ossowski.

“Otherwise, smokers will be forced to turn to illicit markets to find these products that are widely available outside the country, which will be harmful for society overall.”

WHAT ARE THE POLICY OPTIONS FOR REGULATING ENDS?

Republished from Clivebates.com with the consent of the author

WHO leads with outright prohibition as its preferred policy, though it has never bothered to justify this with reference to intended and unintended consequences or the rights of smokers to access lower risk products. Almost everything else it proposes functions as a de facto protection of the cigarette trade.

WHO starts with an anchoring bias: that the normal policy response should be the prohibition of ENDS. There is no scientific or ethical basis for this policy. Why would it make sense to ban the much safer nicotine product, deliberately deny law-abiding smokers better options, protect the cigarette trade from competition, stimulate unregulated black markets in vaping products, and draw young people into the illicit supply chain, and therefore into criminal networks? 

WHO has never assessed the costs and risks of ENDS prohibition, but relentlessly promotes it all the same. I have written about WHO’s strong support of vaping prohibition here: Prohibitionists at work: how the WHO damages public health through hostility to tobacco harm reduction

The arguments against prohibition are well put in this document by the consumers’ organisation INNCO: 10 reasons why blanket bans of e-cigarettes and HTPs in low- and middle-income countries (LMICs) are not fit for purpose.

International Network of Nicotine Consumer Organisations (INNCO), 
10 reasons why blanket bans of e-cigarettes and HTPs in low- and middle-income countries (LMICs) are not fit for purpose, March 20

WHO fails to grasp trade-offs and unintended consequences in policymaking. There is nothing in this regulatory package that shows that WHO has grasped the basics of policymaking in this area. The critical policy insight is that excessive regulation of vaping products functions as a barrier to entry and protection of the more dangerous cigarette products. The Royal College of Physicians (London) expressed this well in its 2016 report, Nicotine with smoke: tobacco harm reduction:

Tobacco Working Group. Royal College of Physicians (London) 
Nicotine without smoke: tobacco harm reduction 28 April 2016

There are other trade-offs: the protection of young people from relatively minor risks (e.g. experimental vaping) could have the effect of imposing major risks on adults (continued smoking or relapse from vaping to smoking). A further complication is that for some adolescents, vaping will function as a diversion from smoking. For these young people, the teenagers most at risk, vaping creates a significant health benefit.

Written by Clive Bates

New EU pesticide targets could lead to unintended consequences

With the EU proposing new measures to cut the use of pesticides by 50% this could lead to a spike in illicit trade warns Maria Chaplia.

EU Health and Food Safety Commissioner Stella Kyriakides recently proposed a major Sustainable Use of Pesticides law (SUR), calling for the use of pesticides as the “last resort” measure. The bill aims to set new binding pesticides targets for member states to cut their use within the EU by 50%. 

Limiting the tools of European farmers at a time when global food systems are struggling to cope with the consequences of the Russian war against Ukraine, is inhumane to say the least. It will not be long before we see another spike in illicit trade of pesticides.

Banning or overregulating products that consumers, or farmers (in the case of pesticides) need and want to use, especially during this challenging time in world history, does more harm than good

Pesticides are some of the most regulated products both in the EU and globally. If illegal pesticide producers were a single company they would be the 4th largest in the world in terms of value. In 2018, the EU Intellectual Property Office stated that €1.3 billion is lost every year due to fake pesticides. This translates to €299 million and 500 jobs lost per year in Germany, €240 million and 500 jobs each year lost in France, and €185 million and 270 jobs lost annually in Italy. 

The COVID-19 pandemic has also exacerbated this  trend in agriculture too, among other areas, such as alcohol. The more regulated the product is, the higher chances are that criminal networks will exploit the regulation to their benefit. For European consumers, illicit trade means trading product safety for more access to restricted goods. As the demand for illicit products such as alcohol, pesticides, and tobacco, to name a few, shifts to the black market, it seems that access is more important than safety.

Over the period 2011- 2018, the sales of pesticides remained stable at around 360 million kilograms per year in the EU. In France, for example, despite the government’s ambition to drive down the use of pesticides, demand for pesticides have risen considerably in the past years. In Poland, the sale of pesticides in 2016 increased by 12.3% compared to 2011. What this shows is that overregulating pesticides only boosts illicit trade.

A quick look at the role of pesticides in farming explains why demand for them persists. Pesticides are instrumental in helping farmers prevent and/or manage pests such as weeds, insects, and plant pathogens. Substantial increases in yields recorded over the past 80 years can be mainly attributed to the use of pesticides. 

When it comes to the illicit trade in any product, not just pesticides, increasing the customs control and penalty for counterfeiting activities seems like a straightforward solution. Neither of these can fully fix the issue which, however, does not undermine their significance as a tool to tackle illicit trade. Very few illicit trade crimes are taken to courts. For example, in Slovenia, 27.1 tons of illegal pesticides have been detected and seized since 2003, and yet not a single court case was initiated. In Belgium and Italy, the situation is not any better. The justice system should take illicit trade more seriously.

Along with increasing the punishment for illicit trade, it is also necessary to re-evaluate the vices of prohibition as a policy. Banning or overregulating products that consumers, or farmers (in the case of pesticides) need and want to use, especially during this challenging time in world history, does more harm than good. The EU’s approach to pesticides should be less rushed and more forward-looking.

Originally published here

The Counterfactual: Are e-cigarettes dangerous?

Republished from Clivebates.com with the consent of the author

The World Health Organisation continues to present misleading information about e-cigarettes that spreads doubt and confusion among the public, media and policymakers. This post reviews its latest Q & A and finds multiple errors of analysis, misleading statements, and obvious biases.

The World Health Organisation maintains a Q & A on e-cigarettes. It was updated on 25 May 2022. 

This has been updated several times (see history below). In each of its incarnations, this web page has presented a profoundly misleading account of the risks and benefits of e-cigarettes. It ignores the fact that eight million people are dying annually from smoking (around the same order as COVID-19) and that hundreds of millions of smokers could benefit from switching to low-risk alternatives to smoking. The Q & A is primarily a vehicle for promoting prohibition and generating hostility to the pragmatic public health strategy of tobacco harm reduction. It is anti-scientific, its information is misleading, and its effect or purpose is to sow confusion and doubt rather than to candidly explain e-cigarettes.

I have set out the main sections of the latest Q & A below with a short general commentary on each section followed by the main claims in each section drawn out in block quotes followed by comments.

The table of contents below follows the structure of the WHO’s Q & A. I have highlighted each statement in the WHO Q & A in a box quote and followed by a short commentary on each.

The very framing of the question reveals the problem. The real question is “how dangerous?” This question should be asked in two ways: 

(1) how dangerous compared to the product that dominates the market, that is cigarettes? 

(2) how dangerous compared to some sort of benchmark of acceptable risk, for example, occupational exposure standards or other comparable behaviours? 

If vaping is much less risky than smoking, then there is a large health benefit for people who switch from smoking to vaping. If the use of a product is at a level of risk that is within our normal tolerance of risk, then there is not much reason to mount a big public health response to it – as with caffeine and coffee or moderate alcohol consumption.

In the following paragraphs, WHO never addresses the “how dangerous?” questions. But without addressing them, it has no basis for informing or advising anyone or for suggesting appropriate policy responses.

Electronic cigarettes (or e-cigarettes) are the most common form of electronic nicotine delivery systems (ENDS) and electronic non-nicotine delivery systems (ENNDS) but there are others, such as e-cigars and e-pipes. ENDS contain varying amounts of nicotine and harmful emissions. 

E-cigarette emissions typically contain nicotine and other toxic substances that are harmful to both users, and non-users who are exposed to the aerosols second-hand. Some products claiming to be nicotine-free (ENNDS) have been found to contain nicotine.

Nicotine is the main reason why people smoke or vape. It is a relatively mild psychoactive drug that has several effects – such as helping to control stress and anxiety and improving concentration. That is why people use it. It is dependence-forming, but nicotine is not very harmful in itself. It is not a cause of intoxication, oblivion, violence or, over the long term, serious disease. 

The harm to health is mainly done by the smoke: the toxic gases and sticky particles inhaled into the lungs along with the nicotine (sometimes called ‘tar’). The hazardous chemicals in tobacco smoke that are the main cause of cancer, cardiovascular and respiratory disease are mainly products of combustion formed in the tip of the burning cigarette and as the smoke cools. In contrast, e-cigarettes heat a flavoured nicotine liquid to form an aerosol of tiny droplets, which contain nicotine. But because the liquid is heated but not burnt, there is no combustion and therefore no products of combustion. So the harmful agents in cigarette smoke are either present at much lower levels or not detectable or measurable at all. 

Biomarkers show much lower toxic exposures. This can be seen experimentally by measuring hazardous agents found in the blood, saliva and urine, so-called biomarkers of exposure. These measurements show dramatically reduced exposures to the main hazardous substance of concern compared to smoking. Experts commissioned by Public Health England reviewed the available biomarker literature in 2018 and concluded

Vaping poses only a small fraction of the risks of smoking and switching completely from smoking to vaping conveys substantial health benefits over continued smoking. Based on current knowledge, stating that vaping is at least 95% less harmful than smoking remains a good way to communicate the large difference in relative risk unambiguously so that more smokers are encouraged to make the switch from smoking to vaping. It should be noted that this does not mean e-cigarettes are safe. [link]

The consumption of nicotine in children and adolescents has deleterious impacts on brain development, leading to long-term consequences for brain development and potentially leading to learning and anxiety disorders.

WHO draws on speculative theories that are based largely on rodent studies and large doses of nicotine to make this claim. The key point is that despite many generations of adolescent nicotine users growing up as smokers since the 1950s, no one has so far identified any lasting cognitive impairments in those adults who started using nicotine as adolescent smokers over this long period. It is a difficult area to study, and it is possible there are some ill effects, but this is far from established and definitely not with the unequivocal confidence conveyed by WHO in this answer. 

Writing in the American Journal of Public Health in 2021, fifteen former presidents of the Society for Research on Nicotine and Tobacco summarised the state of knowledge as follows:

Balfour, D. J. K., Benowitz, N. L., Colby, S. M., (2021). Balancing Consideration of the Risks and Benefits of E-Cigarettes. American Journal of Public Health111(9), 1661–1672.

Nicotine is highly addictive …

It is wrong to make the general claim that “nicotine is highly addictive”, although this statement is common. It depends on what is meant by addiction and how the nicotine is taken. I have addressed the question about nicotine addiction under the question heading “Are ENDS addictive?” below.

…and some evidence suggest that never-smoker minors who use ENDS can double their chance of starting to smoke tobacco cigarettes later in life.

WHO falsely asserts the operation of a so-called gateway effect. These claims are often repeated as if there is some evidence that the prior vaping caused the subsequent smoking. There is no evidence to support a causal gateway effect and much to suggest the opposite, notably the dramatic decline in youth smoking in the United States that coincided with a rapid rise in youth vaping, sometimes referred to as the “youth vaping epidemic”. 

The decline in the adolescent use of combustibles (i.e. smoking) accelerated after 2018 – coinciding with the so-called “youth vaping epidemic” 

Common liability is the far more plausible explanation. There is a completely different and much more likely explanation for the observed association: that the same sort of things that incline people to vape also incline them to smoke. These would be things like genetics, parental smoking, mental health status, school performance and delinquency, rebelliousness, and aspects of the family and community context. This is known as confounding by common risk factors, or sometimes as “common liability”. The evidence strongly supports this explanation, not the gateway theory. It means that e-cigarette use is more likely to be concentrated in people who have smoked or would otherwise smoke – offering a significant health benefit concentrated within the population most at risk. 

Evidence reveals that these products are harmful to health and are not safe. However, it is too early to provide a clear answer on the long-term impact of using them or being exposed to them. Some recent studies suggest that ENDS use can increase the risk of heart disease and lung disorders. Nicotine exposure in pregnant women can have similar consequences for the brain development of the fetus.

There is no convincing evidence that ENDS are seriously harmful to health. Once again we see the use of “harmful to health” and “not safe”, without asking the “how harmful?” or “how unsafe?” questions. The (unstated) studies that supposedly show that ENDS increases the risks of lung or heart disease are highly problematic. Almost all ENDS users old enough to experience significant disease have been long-term smokers. It is impossible to separate the effects of their smoking history from the marginal effects of their time as vapers. Some studies even count heart or lung disease episodes that occurred before the vaping started in their calculations of vaping risk. There are many studies that show that ENDS have an observable effect on the body, but there is little to show that these effects amount to a clinically significant risk. 

This is how the US National Academies of Science, Engineering and Medicine summarised the risks in its 2018 report: 

National Academies of Science, Engineering and Medicine NASEM (US).  The Public Health Consequences of E-cigarettes. Washington DC. January 2018. [link]  Launch presentation summary (slide 44)  [link][link]

The long term effects may be negligible. The statement about the long-term is really a statement of the obvious – we do not have the luxury of time travel to observe with certainty what the long term effects will turn out to be. The health effects of long term use may well turn out to be trivial. We do know the toxic exposures involved with vaping are much lower than for smoking (the second point) and therefore we should default to expecting health burdens to be much lower too. Also, it is worth bearing in mind that people can smoke for two decades (from say age 15 to 35) or more and not suffer any noticeable loss of life expectancy. It takes a lot to get sick, even from smoking.

ENDS use can also expose non-smokers and bystanders to nicotine and other harmful chemicals.

There is no evidence of material risk to bystanders. WHO continues with its unquantified approach to risk. The framing “can also expose” is wholly misleading in this context. What matters is how much exposure and to what sort of hazard? I have responded to this assertion under WHO’s question 5. Are secondhand ENDS emissions dangerous?

Electronic delivery systems have also been linked to a number of physical injuries, including burns from explosions or malfunctions, when the products are not of the expected standard or are tampered with by users.

E-cigarette use is likely to substantially reduce injuries. Again, some context is required. Yes, there are isolated incidents involving battery malfunctions or short circuits (e.g. through contact with coins in pockets). But this comes nowhere close to the carnage caused by smoking-related fires. The US National Fire Protection Association gives some perspective: 

  • During 2012-2016, an estimated annual average of 18,100 (5%) reported home structure fires started by smoking materials killed an average of 590 (23%) people annually, injured 1,130 (10%) per year, and caused $476 million in direct property damage (7%) per year.
  • One in 20 home (5%) home structure fires were started by smoking materials. These fires caused almost one in four (23%) home fire deaths, and one in 10 (10%) home fire injuries.
  • Smoking was the leading cause of home fire deaths for the five year period from 2012-2016. Overall, one of every 31 home smoking material fires resulted in death.

Has it occurred to WHO that mass switching from smoking to vaping would dramatically reduce the problem of fires and burns? This is because they do not involve an ignition source.

Accidental exposure of children to ENDS e-liquids pose serious risks as devices may leak, or children may swallow the poisonous e-liquid.

Nicotine e-liquids pose a minor risk to safety. Again, what matters is the scale of this problem and other problems that it offsets. There are accidents caused by almost everything – not least medicines, cleaning fluids, cosmetics and alcohol. Again what matters is the “how much harm?” question. A look at the reports of US Poison Control Centers data (Annual report 2020 – PDF) gives some perspective: 

Pediatric poison exposures and deaths by exposure substance 2020 data 
Table 17C & 17D

Tobacco, nicotine and e-cigarettes combined are ranked at 25 in pediatric exposure reports (17C) and don’t figure in the top 25 for deaths (17E). But this combines tobacco and e-liquid exposure. Table 22 in the report shows that tobacco products account for 72% of the combined total pediatric exposures for tobacco, nicotine and e-cigarettes. Not mentioned by WHO: nicotine medications accounted for 1,608 poison exposures in 2020.

Written by Clive Bates

The FDA is betraying millions of consumers by killing one of the most popular anti-smoking devices

Washington, D.C. – The Food & Drug Administration is reportedly set to deny Juul’s pre-market authorization applications, which would effectively ban all Juul nicotine vaping products in the United States.

The Consumer Choice Center calls the FDA’s actions a “betrayal” for consumers and former smokers who have used Juul and other vaping products to quit smoking.

“The FDA is ratcheting up its all-out Nicotine Prohibition Campaign, this time by leaking that it will soon rip popular Juul products from the shelves of gas stations, convenience stores, and vape shops,” said Yaël Ossowski, deputy director of the Consumer Choice Center.

“This is an act of betrayal to the millions of former smokers who have switched to less harmful products like Juul to get them away from cigarettes. When you add this specific FDA marketing denial to the tens of thousands of others from smaller vapor companies, the FDA has explicitly chosen the anti-scientific stance of denying that harm reduction is a significant tool in getting smokers to switch. 

“The fact that we are in a time of economic uncertainty, high gas prices, and rising inflation, and the Biden Administration and its agencies are more focused on removing legal products from consumers’ hands tells you all you need to know. This administration does not care about consumers, and it cares even less about your health,” said Ossowski.

RELATED: The CCC recently hosted the Menthol Melee to explore the impact of the FDA’s looming bans on menthol and flavored tobacco products, again underscoring the agency’s troubling rulemaking.

New Zealand’s generational tobacco ban is madness

Featured image credits: New Zealand Prime Minister Jacinda Ardern at a December news conference in Auckland, New Zealand. Photo: Phil Walter/Getty Images

Since the 1970s, New Zealand has implemented many tobacco control measures, such as an indoor ban, advertising restrictions, and excise taxes, among many to tackle smoking. The price of cigarettes in New Zealand is among the highest globally. Despite smoking rates falling at an unprecedented rate, New Zealand believes there is no need to stop here, and a generational tobacco ban is now on the table. 

The generation tobacco ban would essentially ban people born after a particular year from buying cigarettes. The law is expected to be enacted in New Zealand in June this year, and everyone born after 2008 will not be allowed to buy cigarettes in their lifetime. 

The first question that the proposal begs is: why 2008, and not 2009 or 2007? By setting a subjectively determined cut-off date, the government of New Zealand will divide the society into two groups of adults (or once-to-be adults) who can buy cigarettes and those who can’t. The discriminatory nature of the ban is rather striking. From a public health perspective, those born before 2008 and smoking can be seen as a burden on the system–so why punish the other group, who, given the falling smoking rates, likely wouldn’t choose to smoke anyway?

The evidence on the effectiveness of generational smoking bans is weak. Instead of driving down the smoking rates, the tobacco sales ban not only doesn’t help the smoke-free cause, but it can also increase the smoking incidence among the youth. Bhutan, where the imports of tobacco products were banned during covid, demonstrates that such bans are riddled with unintended consequences and rarely achieve their original goals. After all, the Great Prohibition in the US stunningly demonstrated that, regardless of what the governments imagined when implementing bans, people always find creative ways to satisfy their wants. 

That is where the booming black market, encouraged by bans, fills the gap. In Bhutan, the only impact of the ban on the import and sales of tobacco products was to make them significantly more expensive, making illegal under-the-counter sales and the smuggling of these products even more attractive. That was also the case in South Africa, where banning the sales of tobacco and alcohol during covid boosted the illicit trade in these products.

Given the scope of the tobacco control measures in the past 50 years, I wonder if there is an endgame. New Zealand has tried it all. Indoor bans, plain packaging, excise taxes, and now the generational ban. What happens if the ambitious goal of becoming smoke-free doesn’t work out for New Zealand (which is bound to happen)? Where do we go from there? Do we outlaw thinking about smoking or using the word “tobacco”? This madness must stop. 

The Devastating Impact of the FDA’s Proposed Menthol & Flavored Cigarette Ban

The FDA’s announcement to ban the sale of menthol cigarettes and flavored cigars has been roundly condemned from all sides of the political spectrum, and is opposed by groups as diverse as American Council on Civil Liberties (ACLU), Rev. Al Sharpton’s National Action Network, the National Black Justice Coalition, Americans for Tax Reform, Americans for Prosperity, and Heritage Action for America.

Americans for Tax Reform convened a virtual seminar on the impact of this proposed ban with policy & law enforcement experts, covering the science and evidence (or lack thereof) underpinning the ban, the disastrous implications for law enforcement and vulnerable minority populations, the consequences of a thriving black market, and alternative, proven methods of tobacco harm reduction the FDA should be enacting instead of prohibition.

The PFAS Packaging Predicament: McDonald’s Isn’t Loving It

The packaging of a number of popular food items has attracted the attention of Consumer Reports, given the presence of per-and polyfluoroalkyl substances (PFAS), because of which fast-food giant McDonald’s is currently facing class-action lawsuits. Claimants are citing health risk concerns, yet McDonald’s is currently abiding by industry standards. So let’s review what PFAS are, some contradictions for this case, and the overall implications of PFAS for business practices.

What are PFAS and what are the concerns?

PFAS is a chemical family of over 9,000 man-made substances, ranging from gas to liquids, which have a variety of applications, from being a moisture barrier for tech gadgets to serving as a means for improving the durability of medical implants

PFAS are present in numerous household items, and are often referred to as ‘Forever Chemicals’ given the difficulty in breaking down their concocted components. It is precisely this lasting power that makes PFAS appealing for food containers. Packaging with PFAS can handle heat, steam, saturation, and grease – making it quite the innovation. 

The superior functionality of PFAS, however, doesn’t mean they should be used in excess. Just because someone has a fast car doesn’t mean he should recklessly speed down the highway. 

To be sure, there are significant health risks when overexposure to PFAS occur and spillovers sometimes happen. Fortunately though, a 2018 Toxicological Profile for Perfluoroalkyls by the Agency for Toxic Substances & Disease Registry says that “industrial releases have been declining since companies began phasing out the production and use of several perfluoroalkyls in the early 2000s.” In addition to that, a CDC report shows that since 2000, “mean blood levels of PFOS have declined approximately 84 percent and mean blood levels of PFOA have declined about 70 percent,” and recent reports are showing that bodies of water contain only trace amounts of PFAS, and they have been declining.

When higher levels of PFAS are found to be present in ground materials and waterways, it is often connected to communities with nearby military bases and fire training sites. PFAS are a major component for firefighting foam, and although this foam does pose serious health hazards, there is currently no alternative that is as effective

Given this understanding, it seems obvious that the focus should be on how to prevent the need for using firefighting foam rather than the banning of PFAS altogether. Just like that fast car, it is handy to have in an emergency (and blanket bans rarely result in positive outcomes).

What’s next and what was already in the works?

It should be noted that if McDonald’s could have more environmentally friendly packaging, it likely would. According to its 2020-2021 Purpose and Impact Progress Reportlast year, it made great strides in ensuring that a majority of its food packaging (99.6 percent) was derived from recycled or sustainable fiber. The report states “Improving the sustainability of our packaging and moving toward a circular economy are top priorities for our business.” 

But change takes time, and it is not clear as to what the lawsuit claimants would have McDonald’s do in the meantime – revert to Styrofoam? And to be frank, McDonald’s founding core competencies were in serving customers burgers and fries, not sustainable sourcing or package manufacturing.

PFAS will likely remain a core component of containerization strategies for food retailers until something better comes along that is either comparable or superior. And actually, McDonald’s may help lead the charge with funding to find alternative options given its previous pledge to continuously improve in this realm. 

In a statement given to Today, McDonald’s asserted that it “stands behind its commitment to the safety of its food and food packaging” and that the process of taking steps to remove PFAS use in packaging began in 2008 with a target to completely eliminate it by 2025.

So to get slammed with a lawsuit for its packaging seems like a slap in the face, particularly since many restaurant chains are aspiring to recoup lost profits as pandemic policies are lifted. And for restaurants aspiring for a rebound, calls for modifying packaging purchases may be too much to bear during a time of supply chain constraints.

What are the intentions and contradictions?

For those truly scared of PFAS presence at McDonald’s, it is important to remember that no one is forcing anyone to eat there (and those concerned should probably refrain from fast food altogether, given that a majority of restaurants from Panera to Popeyes have PFAS levels found in their packaging).

The hard truth is that being good for the environment isn’t always conducive to current needs. Take for example the extreme use of single-use plastics throughout the pandemic, let alone the pollution generated from disposable masks

It is also important to remember that when we pressure firms to do what is thought to be better, it can sometimes turn out to be worse – take how the banning of plastic straws can backfire, or how cotton tote bags can be a bigger problem than their plastic counterparts, or how even tree-planting campaigns can become environmentally costly.

As with all in life, there are tradeoffs – which is why PFAS use should be assessedaccording to the risk-related exposure for each chemical as well as the purpose of its use. Effort should also be placed on how best to test and treat PFAS presence when it does reach hazardous levels and any discovery of the misuse of these chemicals should be punished. 

And this brings us to the irony of the McDonald’s packaging problem. It is doing nothing wrong since the FDA has approved the use of PFAS in food packaging. 

As noted by the FDA, “the FDA does not have any indication that these substances are a human health concern, in other words a food safety risk in human food, at the levels found in this limited sampling.”

As such, the present lawsuits are not only a curious occurrence, but impose unwarranted pressure on any retailer tied to PFAS presence. 

And for those jumping on the bandwagon as a contributor to the fast-food court case claims, consideration should be given to the collateral damage that may occur. Over 90 percent of McDonald’s restaurants are franchises, meaning most McDonald’s stores are owned and operated by small business owners within your community. 

Smaller shops unaffiliated with McDonald’s may also be affected and fearfully pivot their packaging purchases despite the fact that what is being used is safe and approved, which is an important point: McDonald’s must consider more than the safety of the environment; it also must ensure the safety (as well as satisfaction) of its customers. For example, although PLA (polylactic acid)-coated paper could be an alternative packaging choice for McDonald’s, this material is not well-suited for heat transfer, and so someone ordering a hot beverage may feel the burn (and McDonald’s is no stranger to coffee-related court cases). 

What is the role for the consumer?

Before complaining in court or accusing wrongdoing, customers should cool it with the sue-happy culture and take accountability for the role they play, since history has shown that regardless of whether an organization wishes to do good for the planet, it is all for naught if consumers are not on board. 

And perhaps no firm knows this better than Frito Lay. For four years, it invested in the creation of a fully compostable bag for its SunChip snacks, only to have it be phased out in a matter of 18 months due to consumer complaints. The reason for shunning the SunChip sustainability effort was simply because consumers didn’t like the noise it made. 

Just imagine the number of complaints that McDonald’s would receive from boisterous buyers if its packaging failed to keep grease drippings at bay, or the heat of coffee contained. 

Considerations and Implications

New inventions are making the world better and safer every day, and given that PFAS impact numerous industries, there is a strong incentive for alternative innovations to come about over time to appease the various stakeholders present – thereby leading to safer options. 

Take for instance, vaping, which is 95 percent less harmful than cigarettes. Vaping has proved to be a worthwhile alternative for those seeking to quit but have found little success in kicking their smoking habit. Although it’d be best not to ingest any nicotine from the start, vaping is certainly a step in the right direction for those eager to transition away from tobacco consumption. 

And, while on the subject of consumption, most people would probably be better off not eating Big Macs on a regular basis. Even McDonald’s acknowledges this and has rolled out the McPlant – a vegan friendly alternative. And for now, McPlant sales are proving strongand PFAS packaging concerns don’t seem to be a deterrent. 

At the end of the day, experimentation is necessary for firms to advance their offerings, which can lead to an improved society. A marketplace that binds entrepreneurs with rules and rulings will hardly encourage exploration for innovations – and firms will grow to fear their customer base rather than have a desire to cater to them. Consumers should be wary of using the power of the courts rather than the power of their purse to influence business practices.

Originally published here

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