CONSTRUCTIVE CIGARETTE REGULATION

Professor W. Kip Viscusi argues for a move away from the adversarial a pproach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over cigarettes. In this Article, he suggests that the FDA shou ld take a constructive role in fostering technological innovations to promote cigarette safety, in much the same way that the government cur rently fosters safety improvements in motor vehicles and jobs. Profess or Viscusi claims that the objective of government policy should be to promote informed consumer risk taking-an approach which recognizes th at adult consumers have a right to smoke and to incur the associated r isks. He provides survey data demonstrating that although consumers kn ow that smoking is a risky decision, they have little exposure To info rmation regarding the comparative riskiness of various cigarette brand s. According to Professor Viscusi, the government should assist in com piling and disseminating information regarding the comparative risks o f different smoking options and the effects of certain innovative safe ty features for cigarettes. Making this information available would en able consumers to make more informed smoking decisions and potentially minimize the health hazards that smoking poses.