It is no coincidence that cigarettes have so far managed to escape regulation, writes Professor Ichiro Kawachi of Harvard School of Public Health. The reason for the cigarette's unique legal status, at least in the United States, is that Congress made sure to insert a clause that specifically excluded tobacco from virtually every major law passed to protect consumers. As a result, the Food and Drug Administration lacks the authority to regulate tobacco.
By contrast, a new report from the Royal College of Physicians of London has identified several existing pieces of legislation in the United Kingdom that do not seem to exclude tobacco. These laws offer a promising framework for the regulation of nicotine, including tobacco products.
The urgent need for levelling the playing field in nicotine regulation is underscored by the proliferation of new tobacco products, often marketed to smokers as "safer" alternatives to conventional cigarettes.
An independent nicotine regulatory authority with jurisdiction over both new tobacco products and other nicotine delivery products would serve the interests of both fair competition and the protection of public health, he concludes.