OPINION:
President Trump’s second term in office has been off to a frenzied start, with much of his actions revoking Biden-era proposals and policies. The 46th president exceeded expectations for the depths he was willing to go with last-minute, perplexing decisions such as the one to advance a Food and Drug Administration proposal to establish nicotine limits for tobacco products. It was a final disappointment in a presidency full of them and a final parting gift to cartels and lawbreakers.
However, President Biden’s blunder allows Mr. Trump to fix this mistake and chart a more productive path.
The proposed regulation would mandate a reduction in the levels of nicotine found in cigarettes and other commonly used tobacco products. The reduction would be so significant that it would amount to a total ban on cigarettes. The language of the rule has not been made public, but the FDA and the White House have sold it as a way to get more Americans to stop smoking cigarettes. Unsurprisingly, the Biden administration’s approach does not reflect reality.
The rule entirely misses the mark on several levels. Nicotine is indeed addictive, but as the Cato Institute points out, the real harm does not come from the nicotine levels inside cigarettes. Moreover, some studies have found that reducing the amount of nicotine causes some smokers to consume more cigarettes to achieve the nicotine effect, meaning there is no guarantee that longtime smokers will curb their habits thanks to the rule’s implementation. It is just as likely that this would result in a higher demand for cigarettes.
Even if smokers took the nudge to quit cigarettes, only 4% to 7% who quit cold turkey would stay tobacco-free. Although tobacco-free alternatives exist, the FDA has authorized only 23 electronic cigarettes in a marketplace now dominated by illicit flavored vape products manufactured primarily in China and shipped and sold illegally in the U.S.
Worse, effectively banning cigarettes would create a huge void begging for black market players to exploit. As Rich Marianos of the Tobacco Law Enforcement Network explained to Fox News, Mexican cartels that smuggle fentanyl into the country are positioned to sweep in with illicit cigarette products.
Not to be outdone, organized crime groups in China and Russia are likely waiting in the wings, ready to capitalize on this void. The FDA rule would flood U.S. streets with a wave of unregulated products from outside the country. These products are potentially manufactured in unsanitary conditions and may contain unknown ingredients or substances. The FDA has already failed to maintain a well-regulated vapor market, so why should we expect anything different for cigarettes if this rule is implemented?
The Biden administration’s pursuit of the nicotine limits rule was a grave miscalculation and a major national security issue. However, Mr. Biden’s miscalculation is also an opportunity for Mr. Trump to make serious strides for public health.
Discarding this ill-advised Biden proposal is the first major step. Instead of trying to force Americans to quit smoking through more regulations, the Trump administration and Congress can focus on getting the FDA to authorize more harm-reduction products.
The failure to approve safer, regulated alternatives and a legal avenue for American smokers to quit is one of the biggest acts of negligence over the past four years. Mr. Trump has a chance to right the ship on our tobacco policy and close the window of opportunity for the unsavory actors exploiting our policy failures.
• Katherine Weasel serves as an Arizona Republican Party chairwoman based in Tucson.
Please read our comment policy before commenting.