While there are important differences between the public health policies of
Conservative governments of the 1980s and 90s and the current British Labo
ur government a significant element of continuity is the emphasis on govern
ment facilitating informed choice by consumers as a key public health objec
tive. The article considers such approaches to disclosure of health risks w
ith respect to policy on the regulation of smoking. It argues that regulati
on, in this area, under the Conservatives has not served to 'empower' consu
mers and that such regulatory weaknesses appear to be replicated under its
successor. Defects in regulation are traced with respect to disclosure of i
nformation on tar and nicotine 'yields'; and cigarette design with respect
to tip ventilation and the use of additives to increase nicotine delivery.
It is argued that lack of disclosure and insufficient controls on the indus
try have led to consumers being misled concerning the relative risks of dif
ferent types of cigarette. Equally, it is also likely that such deficiencie
s have enabled manufacturers to represent some cigarette types as 'safe'. T
he paper concludes by arguing that, while the weaknesses of the current reg
ulatory regime suggest the need for measures of increased disclosure and co
ntrol of product design, there is also an unresolved tension as to whether
'empowerment' is an intrinsic goal of policy or a means to the achievement
of public health targets.