The Dark Side Of Legalized Drugs: Tobacco And Alcohol

Despite the well-known dangers of tobacco and alcohol, they are both still legal in most countries. Tobacco, in particular, is highly addictive and harmful to both the user and those around them, with no safe level of consumption. Alcohol, on the other hand, can be consumed in moderation with some health benefits. The sale of tobacco and alcohol continues due to factors such as government tax revenue, the belief that the government should not dictate personal choices, and the potential for illegal markets to arise if sales were banned. Some countries have implemented restrictions on the sale of these products, especially to minors, and there are ongoing discussions about transitioning tobacco sales to state-controlled alcohol stores to reduce access and advertising exposure. The question of whether tobacco and alcohol sales should be illegal is complex and involves weighing public health concerns against individual freedoms and the potential for unintended consequences of prohibition.

The lethal and addictive nature of tobacco products

Despite the well-known harmful effects of tobacco, it is still sold legally in almost every country in the world. Tobacco use contributes to poverty by diverting household spending from basic needs to tobacco. This spending behaviour is challenging to change because tobacco is so addictive. The economic costs of tobacco use are substantial, including significant healthcare costs for treating the diseases caused by tobacco use, as well as the lost human capital that results from tobacco-attributable morbidity and mortality.

The highly addictive nature of tobacco products is due to the nicotine they contain. Nicotine changes the way the brain works, causing cravings for more of it. Some tobacco products, like cigarettes, are designed to deliver nicotine to the brain within seconds, making it easier to become dependent on nicotine and more difficult to quit. While nicotine occurs naturally in the tobacco plant, some tobacco products contain additives that make it easier for the body to absorb more nicotine.

Nicotine exposure during adolescence can disrupt normal brain development. Because of nicotine's powerfully addictive nature and its major effects on the developing brain, no tobacco products are safe for young people to use. The younger a person is when they start using tobacco, the more likely they are to become addicted. Nicotine can also cross the placenta when a pregnant person uses tobacco products, negatively impacting the baby in several ways, including premature labour, low birth weight, respiratory failure at birth, and even sudden infant death syndrome.

Tobacco smoke is made up of thousands of chemicals, including at least 70 known to cause cancer. These cancer-causing chemicals are referred to as carcinogens. Some of these carcinogens are also found in some e-cigarette aerosols. Other harmful chemicals in tobacco smoke include radioactive materials from the fertilizer and soil used to grow the tobacco leaves. Long-term exposure to this radiation can damage the lungs and increase the damage caused by other carcinogens, increasing the risk of lung cancer.

While e-cigarettes are generally a lower-risk alternative for adults who smoke cigarettes, they are not risk-free. E-cigarettes deliver harmful chemicals and contain nicotine, which is highly addictive. The long-term health effects of e-cigarettes are still unknown, and the lack of standardization means the amounts of nicotine and other substances can vary widely.

Tobacco sales tax revenue for governments

Tobacco taxation has been a part of the federal tax system in the United States since the Civil War. Federal taxes on tobacco have been used to meet revenue requirements, especially during wartime. For instance, the federal cigarette excise tax was increased from 7 cents to 8 cents per pack in 1951 to finance the Korean War. In 1983, the tax was doubled to 16 cents per pack. In 1992, the federal tax on cigarettes was increased to 20 cents per pack, with an additional 4 cents added in 1993. Historically, governments have relied on tobacco taxes as a source of revenue. However, over time, the focus has shifted towards recognizing tobacco taxation as a strategy to discourage tobacco use and improve public health.

In 1993, consumer excise taxes on tobacco in the United States generated over $12 billion in tax revenue, with 98% of this revenue derived from taxes on cigarettes. When adjusted for inflation, federal tobacco tax revenues showed a decline, falling from a peak of $9.5 billion in 1963 to $5.5 billion in 1993. This decline was partly due to a drop in per capita cigarette consumption since the 1970s, as well as the government's failure to adjust cigarette tax rates in line with inflation. Despite these factors, the total dollar amount of tobacco tax revenue (federal and state combined) increased significantly from $2 billion in 1955 to $12 billion in 1993.

In 2023, tobacco tax revenues in the United States amounted to $10.3 billion, contributing to the total government revenue of around $4.4 trillion. However, it is important to note that tobacco tax revenues are expected to decrease further, with a forecast of $8.06 billion predicted for 2029. This projected decline reflects the decreasing consumption of tobacco products over time. Additionally, the implementation of public health measures and tobacco control regulations, such as the Tobacco Control Act, have likely contributed to the decline in tobacco sales and, consequently, tobacco tax revenues.

While tobacco taxation generates significant revenue for governments, the negative externalities associated with tobacco consumption cannot be ignored. Tobacco use is the leading preventable cause of premature death in the United States, resulting in more than 400,000 deaths annually. The addictive nature of tobacco products and the targeted marketing towards youth have led to increased tobacco consumption among young people. As a result, governments are faced with the challenge of balancing the need for revenue with the imperative to protect public health and prevent tobacco-related deaths.

Tobacco advertising and marketing targeted at youth

The tobacco industry has a long history of targeting young people with its advertising and marketing campaigns. This is because the industry recognises that most new smokers are youths, with 77% of daily smokers starting by age 20. Young people are particularly vulnerable to tobacco advertising, and exposure has been linked to a higher likelihood of young non-smokers taking up smoking in the future.

Tobacco companies have spent significant sums on getting children and teens to start using tobacco products. Tactics have included ad campaigns, product placement, and the use of cartoon characters. Tobacco companies have also used price discounts, sweepstakes, and contests to attract young people, with the knowledge that they are killing their current customers. The tobacco industry has also been known to falsely promote low-harm versions of their products, such as light, low tar, or filtered cigarettes, which are not, in fact, less dangerous.

Tobacco advertisements and promotions are often placed at the eye level of youth in retail locations frequented by young people, such as convenience stores, gas stations, and other outlets with pharmacies. Tobacco companies also advertise heavily in magazines that appeal to younger readerships, such as *Spin*, *Rolling Stone*, *Cycle World*, *Mademoiselle*, *Glamour*, and *New Woman*.

To circumvent advertising bans, tobacco companies have employed strategic product placement, direct and indirect advertising, and diverse portfolios of tobacco products to attract young people. For example, tobacco packs with trading cards featuring photos of sports players were aimed at young collectors. Tobacco companies have also sponsored youth-oriented initiatives, such as scholarship programs, and made financial contributions to higher education.

To address the issue of tobacco advertising targeted at youth, the Food and Drug Administration (FDA) has reissued a final rule restricting the sale, distribution, and use of cigarettes and smokeless tobacco under the Tobacco Control Act. The Act requires the FDA to publish a final rule regarding cigarettes and smokeless tobacco that is identical to the provisions of the final rule issued in 1996, with certain exceptions. The Tobacco Control Act also provides the FDA with the authority to regulate tobacco products.

Alcohol and tobacco import regulations

While there is currently no federal law in the United States prohibiting internet tobacco product sales, consumers ordering tobacco products from outside the country are not exempt from paying federal excise tax and customs duties. State laws may also have prohibitions or restrictions on internet or mail-order purchases of tobacco products, or may have special requirements for such purchases.

In the US, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the importation of alcohol beverage products for commercial use. Federal requirements under the Federal Alcohol Administration Act (FAA Act) include obtaining an Importer's Permit and a Certificate of Label Approval (COLA) from the TTB. Importers must also register as alcohol dealers and complete the necessary forms before engaging in business.

For importing tobacco, the TTB has no special rules for sales conducted on the internet. However, state or local law may restrict tobacco products sold by email or delivered by mail or other carriers. To import tobacco products for commercial use, you must meet customs duties and requirements from US Customs and Border Protection (CBP). Additionally, the commercial importation of cigars and other tobacco products made in Cuba into the United States is prohibited.

If you are importing alcohol for personal use, it is advisable to contact the CBP entry branch of the port of entry where your shipment will arrive, as state laws vary widely. State laws may limit the amount of alcohol that can be brought in without a license, and some states prohibit direct shipments of alcohol beverages to individuals. Federal, state, and local taxes and duties may also apply, depending on the quantity, product type, country of origin, and other factors.

Tobacco control laws

One key aspect of tobacco control laws is restricting the sale and distribution of tobacco products to minors. For example, the Tobacco Control Act in the United States makes it a federal violation to sell cigarettes to youth, and most states have laws prohibiting the sale of tobacco to minors. However, the effectiveness of these laws depends on their enforcement, as noted by Warner.

The FDA, under the Tobacco Control Act, also regulates the manufacture, distribution, and marketing of tobacco products. Tobacco companies are prohibited from making reduced harm claims without scientific evidence and must disclose detailed information about their products' ingredients. The Act also enables the FDA to establish health warning labels and requires larger and more prominent health warnings on cigarette packaging.

Additionally, tobacco control laws address the issue of tobacco advertising and promotion. The Tobacco Control Act recognises that advertising often targets young people, leading to increased tobacco use among youth. Therefore, restrictions on labelling and advertising are crucial to reducing the appeal of tobacco products to younger audiences. Some jurisdictions, like the Village of Haverstraw in New York, have banned the visual display of tobacco products at retail outlets to curb point-of-sale marketing.

Furthermore, tobacco control laws can include smoke-free workplace laws, which have been shown to reduce worker exposure to secondhand smoke and decrease daily cigarette consumption. About 30 states in the United States have implemented such laws, banning smoking in workplaces, restaurants, and bars. These laws also provide economic benefits by reducing cleaning costs and extending the lifespan of electronic equipment.

Overall, tobacco control laws are essential to curb the harmful effects of tobacco use, which is the leading preventable cause of premature death in many countries, including the United States. By regulating the sale, distribution, and marketing of tobacco products, governments aim to protect public health and create a healthier future for their citizens.

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