Tobacco endgame strategies: Challenges in ethics and law

Bryan P. Thomas, Lawrence O. Gostin

Research output: Contribution to journalArticlepeer-review

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.

Original languageEnglish (US)
Pages (from-to)i55-i57
JournalTobacco control
Volume22
Issue numberSUPPL. 1
DOIs
StatePublished - 2013

ASJC Scopus subject areas

  • Health(social science)
  • Public Health, Environmental and Occupational Health

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