San Francisco’s ban on menthol cigarettes is liberalism at its worst

ICigarettesn San Francisco, megalomaniacal tech millionaires gorge themselves on exorbitantly priced plates of nettle fazzoletti while thousands of people live in unimaginable squalor. If you are interested in dropping some coin to attend a live performance of something called Public Disgrace, featuring “sex between male dominant and female submissive; domination by female and male dom; secure bondage, gags, hoods, fondling, flogging, and forced orgasms with vibrators,” the City by the Bay has you covered.

If, on the other hand, you are one of the city’s lucky homeless, yuppie public health fanatics might graciously allow you the privilege of soiling yourself in public without the risk of a jail sentence.

But as of next April, it will be illegal to purchase menthol cigarettes in San Francisco.

For the knowledge workers indulging in “burgundy-braised lamb cupcakes with beet-whipped mashed potato frosting and chive sprinkles,” this arbitrary and capricious prohibition of a substance that offers less rarefied pleasure to thousands of their fellow citizens will not seem like much of a setback. Nor will they find fault with the reasoning of the San Francisco Board of Supervisors that menthols are “starter products” that are “typically marketed to vulnerable populations including children and young adults, African Americans, and LGBTQ people.” I mean, like, seriously.

How many of these cauliflower popcorn-eaters and consensual BDSM aficionados have ever taken a big drag from a Newport Menthol 100? The assumption that African-Americans enjoy menthol cigarettes because they are the hapless dupes of Big Tobacco is the sort of risible condescension characteristic of liberalism at its worst.

It never occurs to me the 30 or so times a day when I put another tube of brown leaves in my mouth and flick my lighter to say, “Man, this is so good for my health.” But the fact that cigarettes are bad is not exactly occult knowledge. Millions of us smoke anyway and will never quit, San Francisco do-gooders be damned.

Has it ever occurred to self-satisfied liberals that some people smoke menthols, or any other kind of cigarette, because they find it enjoyable, the same way that some of their fellows get a kick out of watching women being contractually beaten and spat upon, albeit without the consequences to their immortal souls?

I also find it impossible to make sense of the city’s argument that the “financial cost to San Francisco in direct health-care expenses and lost productivity from tobacco use is estimated at around $380 million a year.” Never mind the rune-casting arithmancy involved in assuming that every person who has ever taken so much as a puff of a cigarette and then in the course of his three-score years and ten gone in for a routine physical is costing the city money directly attributable to the existence of the demon leaf. Far more mystifying — indeed mystical — is the notion that it is possible to calculate “lost productivity.” How do they know that people aren’t working harder because they have smoke breaks to keep them going?

But this isn’t only a question of public accounting jujitsu. It is far more sinister and pernicious. To say that smokers can ever ipso facto “cost” their fellow citizens money in “lost productivity” is to claim that they are not human beings made in the image of God but rather specimens of Homo economicus — animate clusters of matter whose telos is contributing to the increase in our per capita gross domestic product. It is the same argument that used to be made by General Motors against line workers who, before the Great Flint Sit-Down Strike, were haughty enough to imagine they might be allowed to have conversations at lunch time. People are not economic variables — they are, well, people.

The consequences of the menthol ban are as predictable as they are unfortunate. People will not simply give up their cherished habit, especially when the product in question is available in nearby jurisdictions. Instead, this over-taxed consumable will become an illicit substance, and a black market for menthols will flourish. Is this really a prudent public policy decision at a time when selling loosie cigarettes can get you killed by the police on the opposite coast? This is exactly the point that Al Sharpton argued earlier this year at a series of public forums that banning menthols would only give law enforcement another excuse to lock up minorities.

I am proud to stand shoulder to shoulder with the good reverend here. Banning menthols is class warfare at its ugliest.

This article was originally published by The Week.

Weight Loss Nudges: Market Test or Government Guess?

As we edge further into the new year, many Americans have already fallen off the wagon and are back to their old eating habits they resolved to break this year. There is no shortage of hucksters who use New Year’s resolutions to promote their fad diets to Americans, but researchers have yet to provide a clear understanding of obesity, let alone how to cure or prevent it.

Some behavioral economists have suggested that well-designed “nudges” can steer individuals toward weight loss. Those who decide the direction in which people will be nudged, choice architects,” are believed able to promote healthier consumption by individuals suffering from various psychological, social and emotional factors that cause them to be obese.

Some nudge theory advocates believe that nudging individuals toward healthy choices is often best left to governments since markets give companies irresistible incentives to exploit – for profit –human frailties to overeat. However, evidence suggests that market nudges work best.

The obesity rate has doubled over the past three decades, with some projecting that 42 percent of Americans will be at least 100 pounds overweight by the year 2030. The association with diabetes, stroke, heart disease and certain cancers has made obesity a public health concern – and a personal concern for the 51 percent of Americans who want to lose weight, according to a recent Gallup poll.

Despite the good intentions of government choice architects, they fall prey to widely-held weight loss beliefs that simply are not supported by science.

For example, in the Department of Agriculture’s “Choose My Plate” suggests eating more fruits and vegetables to promote weight loss even though a recent study in the American Journal of Clinical Nutrition found that although fruit and vegetable consumption has demonstrable health benefits, weight loss is not one of them unless individuals also reduce intake of other foods.

Past experience with government nudges supporting low-fat diets also suggests caution since promoting diets rich in complex carbohydrates such as breads, cereals, rice, pasta, potatoes and other starches may have unintentionally promoted obesity.

Markets nudge all the time, but unlike the government, receive direct feedback from customers.

Markets hold significant advantages over governments. Consumers directly signal to sellers which products are ineffective. They simply stop buying them. Harmful products might yield costly lawsuits directly aimed at businesses. Businesses read these signals routinely because they threaten their financial health.

Government nudging suffers from higher hurdles in getting nudges “right.” Their nudges do not have to withstand consumer scrutiny, nor do revenues do not rise or fall to signal the good from the bad. Government employees typically are not fearful that failed products place their jobs in jeopardy.

While many Americans’ crash diets may not have even made it through the first month of the New Year, a majority of them do want to lose weight and nudging plays an important role in helping them do so.

But, nudging consumers toward healthier eating is best left to the private market, not the government.

Michael Marlow is professor of economics at California Polytechnic State University in San Luis Obispo. His paper “Market Test or Government Guess? Are Government Efforts to ‘Nudge’ Us to Lose Weight Really Based on Science?” appears in the current issue of the Cato Institute’s journal Regulation.

Nanny of the week: More gun control in Chicago?

Chicago is home to some of the toughest gun control rules in the country.

It’s also home to some of the most frequent gun violence in the country.

But officials in the Windy City are not giving up hope just yet — surely, one more go at tougher gun laws is all the city needs to tip the scales in the other direction and turn Chicago into a modern day Miranda, free from any and all violent thoughts or actions.

That’s why there will be not one, but two gun control issues on voters’ ballots in Cook County on Nov. 4. The first would impose stricter background checks for legal gun purchases — “legal” being the key word there, as we’ll get to in a moment — and the second would ban assault weapons.

Gov. Pat Quinn, who is also facing re-election this November, is pushing for similar laws at the state level in Illinois, though he hasn’t had much success getting the Legislature to embrace those ideas.

Quinn has tried to turn gun control into a campaign issue against Republican opponent Bruce Rauner.

As the Chicago Sun-Times noted, “Recently, Quinn’s campaign released a new online video juxtaposing TV news reports on Chicago gun violence with footage of Rauner stating he believes gun owners should be free to use assault weapons for “target practice … on their property as they choose fit.

That makes complete sense, because even though I’m no expert on gun violence in Chicago, I’m guessing legal gun owners practicing on their own property are probably responsible for a sizable portion — maybe 85 percent, I’m sure — of the 415 murders reported last year.

What? You disagree?

Politicians in Chicago, Cook County, Illinois and everywhere else can add as many layers of regulations for legal gun owners as they can dream up, but criminals who are going to use guns to commit crimes are probably not too concerned with staying inside the boundary of gun control laws.

But the nannies just keep on pushing. Democrats on the Cook County Board of Commissioners voted unanimously to put the gun control measures on the ballot.

Luckily, this is one time where voters can have the final say over the nannies. Polls indicate the measures are headed for defeat in November, perhaps because voters have realized additional rules don’t make anyone safer from those who have no regard for the rules.

For their efforts, the Cook County Board of Commissioners is this week’s winner. The board members’ prize is a landslide defeat in November and a plaque with that famous quote from Albert Einstein: “Insanity is doing the same thing over and over, and expecting a different result.”

This article was originally published on Watchdog.org