Finally!

The Senate just passed a bill allowing the FDA to regulate tobacco.  Why am I so excited about this?  Because it's the right thing to do.

The FDA has a federal mandate to regulate the production and consumption of food and drugs in this country.  But in a Talmudesque twist, the FDA isn't allowed to regulate a particular product--or even issue certain types of regulations--unless Congress has explicitly authorized it.  This is a common problem among regulatory agencies but it's even worse with the FDA, an agency that gets unusually hog-tied by industry and political pressure.  And the problem is uniquely serious because the things that the FDA tries to regulate have the highest probability of killing you.

As the article states, the FDA previously tried regulating tobacco in the 1980's and was shut down by the Supreme Court.  I hate to admit it, but it was the right move.  The Court was honestly interpreting the FDA's Congressional mandate.  Until Congress gave explicit permission, tobacco was off limits.

Well, for the first time in a long, long time, we have a Democrat-controlled Congress and a Democrat-controlled Executive who are prepared to do the right thing.  It is worth noting that President Obama, like me, is a smoker, and nevertheless supports the legislation.  This is just like Michael Moore being a lifetime NRA member and perfectly shows one of the main differences between Democrats and Republicans.  Contrary to Fox News, Democrats don't hate guns, Democrats don't hate smoking, and Democrats don't hate war.  We just want to do things sensibly.  We don't trust the market to govern itself; anyone who does hasn't paid attention to the last 200 years of industrialism.  Democrats believe that when the market fails (as it so often does), it is the job of government to step in and make things right.  Arguably, Democrats are the true supporters of industry, because we're the ones who make sure it won't completely collapse.

Back to tobacco.

As the article states, tobacco is woefully under-regulated, even in the wake of the massive lawsuits of the late 90's.  It's one of the largest industries in America and it's an incredibly dangerous product, and regulation is long overdue.  Maybe that's why Altria (the company that owns Phillip Morris) supports the legislation; because they are also interested in bringing some sanity to the industry.  And because a rational compromise will de-fang the crazy leftists who want to ban tobacco altogether.  (That's as bad an idea as outlawing abortions, and for the very same reasons.)

And, as Altria pointed out, it will be good for business.