OpenMarket: Risk and Consumer Freedom

Food and Drug Administration (FDA) Commissioner Scott Gotlieb, a medical doctor and cancer survivor, has had a long-term interest in tackling tobacco-related diseases. But unfortunately he’s on a path that will, perversely, be a disaster for the very people he wants to help.

The news media and activists like to hype e-cigarettes and flavored tobacco products as a health hazard, but the reality is that e-cigarettes could help save smokers’ lives. This summer, San Francisco voters went so far as approving a new ban on the sale of flavored tobacco products. 

Consumers beware: In response to plastic waste collecting in the oceans, states, businesses, and even the European Union have proposed absurd bans on the use of everyday plastic straws, cups, and other items in an attempt to solve ocean pollution.

This week, Starbucks pledged to remove plastic straws from its nearly 30,000 stores worldwide by 2020. Starbucks joins a going list of companies supporting this effort to decrease or ban the use of plastics: IKEA, Royal Caribbean, McDonald’s, Hyatt, American and Alaska Airlines, and more.

Recently, the city of Seattle became the first U.S. city to ban plastic straws and utensils...

In “Free to Prosper: A Pro-Growth Agenda for the 115th Congress,” CEI recommended that Congress hold oversight hearings regarding the Consumer Product Safety Commission (CPSC), specifically the Commission’s consideration of an activist petition calling on the agency to ban an entire class of flame retardants. We had already pointed out in a study why banning an entire class of chemicals is contrary to sound science and common sense—and is potentially dangerous, because it contributes to fire risks. The CPSC voted to proceed with the rulemaking last October, but...

Congress must act before anti-tobacco zealots in and outside of government eliminate life-saving vaping products. Anything that makes e-cigarettes less attractive to smokers will result in fewer smokers switching and more smokers dying. 

“Big Tobacco” is pouring millions into a campaign to maintain their ability to keep selling harmful products that target children. At least, that’s the narrative most news outlets have sold about Proposition E, a measure on the city’s June 5^th ballot, which would ban the sale of flavors, including menthol, for tobacco products, including e-cigarettes. The David and Goliath story is compelling, but don’t be fooled. The other side, comprised of hundreds of anti-tobacco activists is just—if not more—powerful than big tobacco companies.

Our friends over at Reason TV have a new video asking the attention-grabbing headline “Will coffee give you cancer?” As it turns out, no (unless you’re drinking several thousand cups of coffee a day). But the news earlier this year that the state of California was going to require every coffee shop in the state to post signs warning customers about a cancer risk is, itself, a serious issue.

It’s hard to believe it was just last Monday the U.S. Supreme Court ended the federal law that, for 25 years, prevented the states (except Nevada) from legalizing sports gambling. The question at issue for the Court in Murphy v. NCAA, et al. was whether the law could prevent states like New Jersey from decriminalizing the activity, as well. In the end, six of the Justices deemed the law unconstitutional (with another, Breyer, partially agreeing and partially dissenting).

Thirty-five years ago, dishwashers cleaned dishes in about an hour. Sadly today, due to federal regulations, there are no dishwashers that do so. This isn’t progress—it’s the failure of the government to allow consumer choice. The Competitive Enterprise Institute has asked the Department of Energy (DOE) to change these regulations, and they are currently considering doing so. To help them decide if the regulations should be changed, the DOE has opened a public comment period until June 25^th. You can submit your comments at dishwasherchoice.com.

Today’s Supreme Court opinion in Murphy v. NCAA (formerly Christie v. NCAA) is a big win for consumers, states, and the constitutional principle of federalism. The court found on behalf of the state of New Jersey, which had attempted to legalize betting on professional and amateur sports, and invalidated the Professional and Amateur Sports Protection Act (PASPA), which Congress passed in 1992 in an attempt to limit the ability of states to allow such betting within their own borders.