This one is wrong on so many levels, I am not sure where to begin. One of the biggest stories of the week is the FDA’s intention to require graphic new warning labels depicting cancer and other bad outcomes on the packaging of cigarettes sold in the United States.
I am all for visceral advertising that packs an emotional wallop to change hearts and minds. A wealth of public service spots carrying this message have been in the public domain for decades. This, however, is not advertising. What this is is a series of well designed, slickly produced package warning labels, each added to a legal product sold to adults who willingly purchase that product. It is hard to believe that any cigarette smoker at this point in human history could possibly be unaware of the harmful effects of smoking.
This is a great example of big government overreach at cross purposes with itself. The FDA’s goal is to get everyone to stop smoking by every means necessary. Is there a more regulated product than tobacco? Tobacco companies are not allowed to use broadcast advertising, because it might seduce new smokers, especially young people. Heavy penalties are in place to discourage retailers from selling tobacco products to minors. Municipal regulations have driven smokers out of public places to the great outdoors to light up (casinos appear to be the exception). Print advertising and packages already carry ominous text-based warning labels. Then, there is the matter of extreme taxes slapped on cigarettes to force smokers to make an economic decision about smoking. The enormous tax revenues reaped by government off a product that the FDA could ban outright suggests enormous hypocrisy and a conflict of interest. Finally, where does Big Brother get off plastering graphic images of disease and death all over commercial packaging. Why stop with cigarettes? How about photos of liposectioned fat featured on the front of Big Mac cartons? Car crash decapitations added to new car stickers? Melanoma posters in tanning salon windows? Many slippery slopes lie ahead.
What bothers me the most about this latest effort, however, is another nail driven in the coffin of civility. Just because the Feds CAN do something doesn’t mean that they SHOULD. Cigarette breath is one thing. This is just in really bad taste.
During college, I went to transfer a car title at the local justice of the peace. In his office was a poster of a smoker whose jaw and lower half of his face were gone from cancer; the poster bore the cheery greeting, “Thank You For Not Smoking.” Once the transaction was over, I left disturbed by what I’d seen, but also alarmed that this man was okay with having this horrible image of disfigurement and impending death staring back at him, eight hours a day, five days a week. Nice treat for his office staff, too.
This new round of warning labels brought back another memory. One Saturday, I was driving through the next town with my elementary age son. Abortion protestors were staging a demonstration and some were standing by the road with incredibly graphic signs featuring images of dead fetuses. Freedom of speech may allow zealots to expose young children to those shocking photographs, but wouldn’t a sense of decency kick in at some point in their protest planning process. A punch in the gut isn’t a winning debate strategy.
At a time when we are looking for ways to reduce big government spending and the growing deficit, I nominate the new cigarette warning labels program to get lopped off by the grim reaper’s axe. How’s that for a graphic image of death?
Update: A preliminary injunction has been granted against the Food and Drug Administration’s new requirement for graphic warning labels. Suit was filed by Lorrilard on constitutional/free speech grounds. Read all about it here in Packaging Digest.
Update: Looks like the Feds came to their senses. I’m sure it was after they read this blog post.