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Problem: Case I. FDA Ban on Menthol Cigarettes?

At this writing, the federal Food and Drug Administration (see Chapter 15) is considering whether it should forbid the use of menthol as a flavoring in cigarette products. All other flavored cigarettes were previously banned by the FDA. Antismoking groups say about 80 percent of black smokers prefer the menthol variety. In general, black smokers have the highest rates of smoking-related diseases. Critics also say that menthol cigarettes are particularly appealing to young people because the flavoring causes a cooling sensation in the mouth and hides the harsh cigarette taste. One study found that 45 percent of smokers aged 12 to 17 used menthol brands. The FDA in 2013 concluded that menthol cigarettes probably pose a greater health risk than standard brands because their flavoring facilitates addiction and makes quitting harder. Lorillard, maker of Newport, is leading the fight against a ban. Lorillard wants to protect the growing popularity of Newport, which accounts for 13 percent of cigarette sales. Lorillard has pointed to the thousands of jobs that are at stake, and the company argues that a ban would result in a large unregulated black market for the cigarettes. Lorillard also disputes the claim that menthol cigarettes pose greater medical risks than other varieties.

Question

1. The website "Hot Air" thinks the government should not intervene in the menthol cigarette market: Once again, we have the federal government acting as nanny rather than allowing adults to make their own decisions. No one forces people to use tobacco products, after all, and we have literally spent decades educating people about the dangers. 71 What do you think the government should do? Explain.

Business Law & Ethics, Finance

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