Rep. Henry Waxman has been working to curb the effects of tobacco on American consumers for three decades, so it goes without saying that today's passage of the bill to regulate tobacco -- today's overwhelming passage -- is a personal victory for the long-time legislator from California. Waxman details his struggle to regulate the industry in a new book, The Waxman Report, that he co-wrote with my Atlantic colleague Joshua Green. Lest you think I'm shamelessly inviting you to sample the wares of a colleague, you're absolutely right. But the book's chapter on tobacco is relevant to many of the topics I regularly write about.
When Waxman came to Congress, tobacco was ordinary. That nicotine was addictive, and that smoking cigarettes led to numerous health programs -- well, everyone kind of knew that. The American Public Health Association had been crusading against the industry since the 1950s. But the political environment that greeted Waxman -- and tobacco's cultural role -- made it next to impossible to make headway on an issue that Waxman saw as an urgent public health crisis. He points out that the tobacco industry had extremely powerful and well-funded lobbyists in Washington, D.C., whereas the public health community couldn't catch up. He noted that the tobacco industry routinely encouraged members of tobacco-producing states to join the energy and commerce committee, which oversaw tobacco regulation, in order to water down anything that might come down the pike. Many members of Congress smoked. Addiction was considered a personal matter -- failure of willpower for those who smoked too much. Little attention was paid to the socialization effects of tobacco advertising and the aggregate costs to our nation's health care.
The tobacco industry consciously cultivated the idea that regulation amounted to a reduction of choice. And they partnered with entertainment vehicles to produce iconic figures like Joe Camel and the Marlboro man "that were designed to be cultural signifiers of cool." [Note: J. Green had to have written that sentence, right?] They were ubiquitous in Washington, so much so that Waxman had a relapse. He found himself addicted to smoking, once again.
Waxman writes of a few victories during the 1980s, mostly involving warning labels on cigarettes and Dick Durbin's successful ban on airplane smoking. In the 1990s, the "balance of power began to shift" for three reasons. One: the media started to investigate claims that the industry routinely misled consumers and the government. Two: Bill Clinton appointed a crusading FDA commissioner who proposed to regulate tobacco like a drug. And Three, the Environmental Protection Agency classified secondhand smoke as a "Class A" carcinogen. The floodgates opened, as whistleblowers began to out themselves and tobacco industry scientists began to speak to the media.
State attorneys general wanted in on the act and began their own investigations; state governments got it in their heads that they could reap the benefits of prophylactic efforts by tobacco companies to forestall tougher regulation by settling expensive lawsuits. When Republicans took control of Congress in the mid 1990s, the push for federal legislation slowed, but states, much to the ire of Waxman, brokered the now infamous $368 billion deal with the industry. Federal reformers and anti-smoking crusaders believed that Big Tobacco had gotten off easy. In response, President Clinton's FDA tried to regulate tobacco unilaterally; the Supreme Court ruled that an act of Congress was needed. In 2009, with an activist Democratic Congress and a pro-regulation president, the day -- today, in fact -- is finally here.
Smoking became a social illness and was therefore subject to culture and social pressures. The model of blame moved from personal to communal; lobbying efforts against regulation were gradually overwhelmed by the weight accorded to the scientific community; the mainstream media played a significant role in disseminating information to the public. The industry gradually lost power, but it would not lose this fight until the American people elected a Congress and a President who favored an activist government.
Apply that lesson to the debate over obesity. The same cognitive frames apply; lawmakers, supported by the food and agribusiness industries, see obesity as a personal issue, one where willpower and individual choices matter. Science sees obesity as a complex epiphenomenon. Our health care system has few incentives to fight obesity; health insurance have few incentives, right now, at least, to proactively cover preventative interventions, like paying for personal trainers and nutritionists for the slightly overweight. The food industry lobby is huge and powerful; the anti-obesity lobby is correspondingly weak and not terribly sophisticated. Many health economists and scientists believe that action is needed now, but if the tobacco model repeats itself, it may be a while before something -- whatever that something is, because there is no consensus -- gets done.







You left out tactics like "teaming up with Phillip Morris to ban the types of flavored cigarettes used by smaller rivals, but keep menthol legal, so that the biggest of Big Tobacco would support the bill, hoping to keep a larger slice of a shrinking pie."
And of course "banning and restricting the advertising of safer alternatives like e-cigarettes and snus, while grandfathering in existing cigarettes." It definitely took co-opting Big Tobacco to get it passed.
I agree there. I have seen numerous people stop using tobacco based cigarettes, using an E-cigarette, then stop all of it totally. They produce no second hand smoke, no odor, no carcigens or toxins from the known chemicals in a cigartte. The Ecig's, while not gone thru the FDA's testing, has been tested elsewhere by an independant organization in another country and while maybe not the best thing? showed to eliminate, what 99% of the chemicals in a tobacco based cigarette... and they are being attacked by the FDA? why allow regular cigarettes still to be sold still with all the data and confirmation of the health risks? You have to wonder.
Its been listed in another news article, that many US based insurance companies have huge stock investments in the tobacco companys. They do have the right to make money, but why invest in what they are paying medical costs to correct the damage caused by the products of the compnays they invest in?
Typo in graph 2: "That nicotine was addictive, and that smoking cigarettes led to numerous health [problems] -- well, everyone kind of knew that."
Both issues share a problem with compliance. I think there is a bigger problem with individuals being noncompliant regarding physician orders or recommendations about diet and exercise than with health insurances having the right incentives for nutritionists or personal trainers. In other words, I agree obesity shares the same problems as cigarettes, a lack of knowledge of the consequences (everyone "knew" smoking was bad, just as everyone "knows" being overweight can lead to health issues). I don't follow the correlation as far as the health insurers, however.
I think this is a false parallel - the primary reason there was such success against Big Tobacco was that they had worked so hard to conceal, distort, or lie about the adverse affects of cigarrettes.
As you say, this wasn't very successful - everyone knew smoking was bad for you. But in order to achieve a similar result against an extraordinarily diverse food lobby, you'd have to big and target companies (in an area with a much greater diversity of players than Big Tobacco) and then prove that they had systematically distorted or misled consumers about the adverse affects of their products.
And to make this more complicated, there aren't many people in history who would suggest that eating more high fat foods won't make you overweight. The knowledge that cigarrettes are deadly, while pretty common, has only been around for fifty years or so. I don't see how you can prove that an industry has purposefully and effectively concealed knowledge, to consumer detriment, that has been around for thousands of years.
I'm with strawman -"false parallel"
The article means well but how on Earth could you regulate it? Close down Burger King and Dairy Queen? Even if that happened, you'd have quite a few pissed off "skinny" people, not to mention all the overweight people that keep places like that in business. What's more, no fast food chain claims to be healthy. McDonald's added a salad menu, but somehow I don't think it's a number one seller. Bloggers-do not assume that I'm assuming you only eat at those places and that's why you may or may not be overweight...
The point is that the article, with all it's wholistic intent, compares
apples and oranges.
Oh you poor ignorant fools. It's apples and apples. It's a perfectly legitimate parallel. It's been embarked on already. Proposals to ban fast food eateries certain distances from schools. Or to limit the number in certain neighborhoods. The anti-fat crusaders have already accused the food industry of being misleaders. Lawsuits mirroring tobacco have been filed. Trans fat has been banned. Proposals to limit salt are on the table. And get this... they've already manufactured the studies that assert there's such a thing as "secondhand food." That's right... the burger you're eating will entice others to do the same. That's THEIR claim, not mine. Google "Kelly Brownell" and get your first clue. He insists that the same war on tobacco (using the playbook) is to be waged on food. And note that the man responsible for the smoking, trans fat and anti-salt proposal is now the head of the CDC. Thomas Frieden is now everyone's -- not just NYC's -- nightmare. Slippery slope people. It's not just a conspiracy theory. When they came for tobacco....
And then Phillip Morris decided that regulation was inevitable, so they'd rather write it.
Obesity lacks one dominant firm selling fattening food, so what happened with the Marlboro Monopoly Act of 2009 is unlikely to happen with food.