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Tobacco and Public Health - TCSC Indonesia

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Chapter 44<br />

Regulation of the cigarette:<br />

Controlling cigarette emissions<br />

Nigel Gray<br />

Remarkably, the cigarette has escaped orthodox regulation of content <strong>and</strong> emissions in<br />

all countries, although there are some regulations capping such measures as ‘tar’, nicotine,<br />

<strong>and</strong> carbon monoxide. These have been measured by the Federal Trade<br />

Commission (FTC) method (United States <strong>Public</strong> <strong>Health</strong> Service 1996) or slight variants<br />

thereof. In a few countries additives must be notified, but are not controlled. The<br />

reasons for this strange arrangement in a world where consumer products as simple as<br />

the humble sausage are routinely regulated, are difficult to define. Certainly the<br />

tobacco industry influence has been opposed to detailed regulation until very recently,<br />

but this is not the only reason. Regulators have, underst<strong>and</strong>ably, been reluctant to enter<br />

the field until as recently as 1996 (Kessler et al. 1996). This is not surprising as the<br />

products are immensely complex <strong>and</strong> vary greatly between <strong>and</strong> within br<strong>and</strong>s <strong>and</strong><br />

countries (Fischer et al. 1990; Gray et al. 2000; Gray <strong>and</strong> Boyle 2002). The technical<br />

challenges of regulating such a product are substantial not only because of the complexity<br />

of smoke chemistry, but also because no regulator wishes to take responsibility<br />

for ‘approving’ a product which is dangerous, thereby removing at least some of the<br />

responsibility for its dangers from the shoulders of the manufacturers.<br />

This latter point remains a serious concern for regulators but the reason that the<br />

time for regulation has come is that 50 years of leaving cigarette design, unconstrained<br />

except for tar, nicotine, <strong>and</strong> carbon monoxide, to the tobacco industry, has not delivered<br />

a product with acceptably reduced risk (Thun <strong>and</strong> Burns 2001). That regulation is<br />

timely is agreed, for example, by Philip Morris (now named Altria), whose web site<br />

states the following (Philip Morris USA 2002).<br />

‘Philip Morris U.S.A. strongly supports the passage of legislation that would establish<br />

a tough but reasonable framework giving the U.S. Food <strong>and</strong> Drug Administration<br />

(FDA) the authority to regulate cigarettes. We believe FDA regulation would provide<br />

greater consistency in tobacco policy, more predictability for our business <strong>and</strong> an effective<br />

way to address issues that are of concern to our company <strong>and</strong> society.’<br />

Issues set out in the website include: Youth smoking prevention; Ingredient <strong>and</strong><br />

constituent testing <strong>and</strong> disclosure; text of health warnings on cigarette packages <strong>and</strong><br />

in advertisements; consistent use of br<strong>and</strong> descriptors such as ‘light’ <strong>and</strong> ‘ultra light’;

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