From: 11 NYU Journal of Law & Liberty, (2017 Forthcoming) Case Legal Studies Research Paper No. 2017-17  via SSRN

Jonathan H. Adler


Cigarette use remains the leading cause of avoidable death in the United States. The inability of many smokers to quit is a significant public health problem. The demand for a product that can help smokers kick the habit is an entrepreneurial opportunity. Yet government regulation threatens to hamper welfare-enhancing innovation and discourage the use of life-saving technologies, such as electronic cigarettes. In particular, the Food & Drug Administration (FDA) decision to “deem” electronic cigarettes as “tobacco products” to be regulated as tobacco cigarettes threatens to cartelize and ossify a dynamic, harm-reducing industry. FDA restrictions on truthful health information and comparative risk claims further inhibit potentially life-saving innovation by threatening to keep smokers and other consumers in the dark about the harm-reducing potential of e-cigarettes and reducing the economic incentives to develop safer forms of nicotine delivery. However well-intentioned, the FDA’s regulatory initiatives may inhibit the life-saving potential of alternatives to cigarettes and conventional tobacco products.

From: Legal Anthropology  eJournal, Vol. 3, No. 55: Mar 23, 2018.

by Mark Kleiman and Michael L DeFeo


The illicit trade in tobacco products (ITTP) is substantial and growing. The federal government does not now have adequate capacity to control ITTP. Other urgent priorities have compelled the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) to substantially abandon its tobacco enforcement efforts. The potential gains from ITTP activity are high and unlikely to decrease under any currently probable scenario, while the enforcement risks are modest. That combination predicts continued growth in ITTP levels. The resources required to bring any illicit market under control are roughly proportional to the size of the market. Thus, current neglect increases the future difficulty of the problem.

From: US FDA


VII. Conclusion

While it remains difficult to measure existing illicit trade markets and use existing data to reliably predict future demand for illicit tobacco products, it is possible to isolate some of the key factors that may encourage or discourage illicit trade in tobacco products. For example:

  • Depending upon the standard, there might remain strong, legal demand for components that, while intended for legal products outside the scope of the standard, could be used to make an illicit product. If diverted into an illicit channel, such components would represent a means by which illicit trade in full-nicotine cigarettes might develop.

From: Asymmetrica

From: Commonwealth of Massachusetts


Conclusion and Next Steps

As noted, the Task Force has significantly increased the scope and scale of its investigative and enforcement activities during the course of the past year. These enforcement actions have produced tangible results in the form of arrests and prosecutions of wrongdoers, dismantling and disrupting smuggling operations, removal of contraband tobacco products from circulation and
an increase in OTP tax collections. As it looks forward, the Task Force intends to continue its aggressive civil and criminal enforcement activities for the remainder of FY18 and continuing
into FY19.


Cadernos de Saúde Pública | Public Health Journals

On-line version ISSN 1678-4464


PORTES, Leonardo Henriques; MACHADO, Cristiani Vieira  and  TURCI, Silvana Rubano Barretto. History of Brazil’s tobacco control policy from 1986 to 2016. Cad. Saúde Pública [online]. 2018, vol.34, n.2, e00017317.  Epub Feb 19, 2018. ISSN 1678-4464.×00017317.

From: Journal of Taibah University for Science

M.Abd El-SamadacH.A.Hanafibc


The Instrumental Neutron Activation Analysis (INAA) technique was used to analyse 10 cigarette brands sold in the Egyptian market. The concentrations of trace and major constituents were measured to better understand the hazardous effects of smoking Egyptian cigarette tobacco. The samples were irradiated at the core of the Second Research Egyptian Reactor ET-RR-2, and the induced activities were counted by <gamma>-ray spectrometry using an efficiency-calibrated High Purity Germanium (HPGe) detector. The NAA k0-standardization method was used to determine the concentrations of 14 elements (Ba, Br, Ca, Cd, Eu, K, Hf, Mg, Na, Rb, Sb, Sc, Th and Yb). The high concentrations found for some of these elements pose a health hazard to individuals exposed to these cigarettes

From: Biomedical Research (2017) Volume 28, Issue 11

Konuk Suat1, Coban Hikmet2*, Nalbant Ahmet3, Bilgin Cahit2


Introduction: Majority of the smokers start smoking before adulthood. Determine smoking prevalence among elementary school students, and investigate the age they start smoking, their access to tobacco and the effects of smuggling on these outcomes.

Materials and Methods: An adapted version of “IUATLD”/WHO smoking questionnaire was administered to 600 elementary school-age students in Sirnak province. All questionnaires were returned and all were evaluable.

Editor’s Note: The complete GAO Report GAO-18-21 to the Sen. Wyden, Ranking Member of the Senate Finance Committee, is here. The following are excerpts.

We recommended that CBP take steps to strengthen compliance with export reporting requirements for duty-free cigarette sales.

From: Southern Africa Labour and Development Research Unit | Working Paper Series: Number 164

Hana Ross