My newest Examiner post covers the FDA’s draft rules for calorie labeling, which may extend not just to restaurants, but also to convenience stores, movie theaters, and supermarket salad bars — all without much evidence that they’ll do any good.
On a related note, last summer I wrote about how technological change will make these laws superfluous:
Improvements in information technology are another reason to doubt the merits of forcing restaurants to post calories directly on menus. Websites like Calorie Lab already provide databases of the nutritional information from more than 500 restaurants. As far as I know they don’t have a phone app yet, but they could easily make one (one competitor already has). As smart phones proliferate it will be easier than ever for consumers to access calorie counts in addition to much more thorough nutritional information about the foods they eat. Yet these archaic laws will still be on the books forcing unneeded clutter on printed menus.
Even better than smart phones, this week Eater takes a look at how iPads are replacing printed menus in a few restaurants. The devices are durable, interactive, can hold a lot more information than a printed menu, and can work with a restaurant’s point of sale system. If desired, an electronic menu could offer extensive nutritional information at the push of a button. They’re cost-prohibitive right now for most restaurants, but in the future we can expect the price to go down and electronic menus to become more common.
It will be interesting to see how the law is adapted for electronic menus. Will calorie counts have to be displayed prominently like they are now, or will it be enough to have them easily available on the device for interested consumers? If the former, that will be another sign this law is intended more to nag people than to provide them with desired information.
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Over at the Examiner I take a look at Michael Bloomberg’s latest attempt to make life worse for smokers, a ban in parks and beaches:
It’s no wonder that some non-smoking residents support the ban. They have nothing to lose and they’ve been hit with fear-mongering propaganda for years, such as Action on Smoking and Health’s dire warning that “If you can smell it, it could be killing you,”or even worse, uncritical reports about “thirdhand smoke,” the residue left behind on room surfaces when tobacco is lit. So firmly has the toxicity of tobacco smoke been in implanted in the public’s mind that activists no longer feel the need to demonstrate that it causes harm; the mere ability to detect its traces with fancy lab equipment is enough to raise a panic.
Whole thing here.
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Cheers to the veterans at American Legion Post 444 in Baraga, Michigan, in the Upper Peninsula, who are challenging the state’s smoking ban in court and refusing to comply:
During the next two months, several citizen complaints were filed about the post’s noncompliance, and local health department officials sent notices of violation. Geroux responded with a news release July 16 that described the new law as unconstitutional and un-American.
Further, the exemption for Detroit’s casinos (which was based on their need to compete with American Indian casinos not covered by the state law) is “wildly unfair” to the Baraga post, which lies within a mile, and competes for customers, with two alcohol-serving, smoking-acceptable tribal facilities, Geroux said.
After getting a cease-and-desist order from the health department July 20, the post decided to sue.
I wrote against the Michigan smoking ban for the Detroit Free-Press back in 2008.
[Thanks to Jan for the link.]
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This blog has previously chronicled attempts to scare people into persecuting smokers based on trumped up fears of “thirdhand smoke,” residue left on clothes and furniture after a smoker lights up. New research attempts to measure levels of this residue directly by artificially re-suspending particles left behind by a smoking device:
These quantitative data support the hypothesis of a resuspension from the cigarette smoke surface contamination. However, this airborne contamination through resuspension remains much lower (100 times) than that of secondhand smoke.
In other words, there’s nothing to worry about.
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OK, one quick post from Tales with a couple links. I’m at the Washington Examiner today with a post about why the FDA’s menthol hearings are asking the wrong questions. Then at the Portland Examiner, Hoke Harden has a great (and way too flattering!) write-up of the Brewing Up Cocktails event. If you’re curious about the drinks we served, go check it out.
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UK Deputy Prime Minister Nick Clegg made a lot of favorable headlines recently by launching the Your Freedom website, allowing citizens to suggest laws that should be repealed. In a new video he reveals that there are at least two suggestions that will “of course” not be taken seriously:
1) Reintroducing the death penalty; and
2) Allowing people to smoke in private businesses
Because clearly, these ideas are equally at odds with liberalism!
Dick Puddlecote has more, via Chris Snowdon.
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Though the previous post mentions one relic of Prohibition falling away in Oregon, plenty of others live on. Here’s the latest asinine ruling from the Oregon DOJ and OLCC:
Law enforcement officials are putting a stop to the home-brew and home-wine-making competitions at this year’s Oregon State Fair.
KATU reported on the glitch in state law that at the time put the home-brewing competition in jeopardy. Late Friday, Oregon State Fair Manager Connie Bradley learned from the Department of Justice that the law requires both its beer and wine competitions to be shut down.
“The issue has to do with the judging,” Bradley said Monday. “Judges are considered the public, and we cannot have the public tasting amateur wine or beer.”
The competitions have been going on for 30 years under existing law. The agencies have just now decided to interpret the rule to mean that allowing judges to taste homemade beers and wine counts as serving to the public.
People actually get paid with tax dollars to enforce these stupid rules. With the state budget in a mess and OLCC privatization an issue in upcoming elections, hopefully this will be one more nail in the coffin of one of our least useful agencies.
[Via Beervana.]
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One more relic of Prohibition fell away in Oregon last month as our state’s last remaining dry town served its first shot of liquor since 1859:
It was just after quitting time on June 18, and many of the people who had crowded around the bar inside Rookies Sports Pub had a shot of whiskey, tequila or cocktail staring back at them.
But they held off downing them — some needing more restraint than others — until about 5:15 p.m., as Trina Trevino rang the bell hanging above the back bar.
At that moment, business owner and husband, Alex, poured himself a drink, thanked his patrons and called out “cheers.”
“Here’s the pour heard around Polk County,” he hollered, followed quickly by, “The bar is open!”
Monmouth’s nearly 150-year prohibition on hard alcohol sales officially ended on June 17, exactly 30 days after residents voted down the law during the May primary election.
The law in Monmouth passed eight years after campaigners brought beer and wine to the formerly dry area:
The first mixed drink went to Salem attorney David Sherman, who lives in rural Monmouth. Sherman helped Koontz in architecting the campaign. He was also on board eight years earlier when current Mayor John Oberst spirited a campaign to get beer and wine into Monmouth.
“Did you ever think you would see this?” Oberst posed, sharing a scotch and a smile. “We knew if we went for the whole hog back then it would have been voted down. It took people a little while to see that the whole town is not going to fall apart if we allow the sale of alcohol.”
[Via Blue Oregon.]
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Just when I thought I was out they pull me back in! Though living in Portland I can’t completely resist the lure of DC, so I’ve joined the blogging team at the Washington Examiner. It’s good to get back to the policy writing I’ve been neglecting lately and publishing there it will reach a larger audience. I’ll link to most of the things I write for the Examiner on this blog too. If you’d like to subscribe to all Opinion Zone blog posts the RSS feed is here.
My first post takes a look at how anti-smoking researchers spin this chart into proof that England’s smoking ban saves lives:

The best they can come up with is to dubiously attribute a 2.4% decline in heart attacks to the smoking ban in the first year of its implementation. This is in stark contrast to the wild claims of 40, 27, and 18 percent in previous studies, which have been decisively revealed as junk science.
In the wake of this statistical drubbing you might think anti-smoking activists would learn not to attribute too much to secondhand smoke. Well, you would be wrong:
A new study published online ahead of print in the Archives of General Psychiatry concludes that secondhand smoke exposure is a cause of mental illness, including depression, psychoactive substance use, schizophrenia, delirium, and mental and behavioral disorder (see: Hamer M, Stamatakis E, Batty GD. Objectively assessed secondhand smoke exposure and mental health in adults.
Here we go again!
[Image courtesy of the always interesting Christopher Snowdon.]
Previously:
What really happened in Starkville?
An Oregon heart miracle?
Lazy reporting and the Pueblo ban study
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Back in 2004 I wrote a parody piece mocking attempts to compare Americans’ obesity to the dangers of terrorism:
Breaking new ground in the effort to fight the nation’s battle of the belt, Congress met late Friday night to pass the Uniting and Strengthening America by Limiting and Obstructing Wicked Fatty Arsenals of Terrorism (USA LOWFAT) Act of 2004. The Act grants the government sweeping new powers to combat obesity, an effort the law’s supporters say is just as pressing as the War on Terror.
“As we look to the future and where childhood obesity will be in twenty years, it is every bit as threatening to us as is the terrorist threat we face today. It is the threat from within,” said U. S. Surgeon General Richard Carmona. “[It is] a threat that is every bit as real to America as the weapons of mass destruction.”
The most notable aspect of the USA LOWFAT Act is a heavy tax on all fatty and sugary foods. Other features include banning advertisements for unhealthy foods that appeal to children, making it illegal to sell soft drinks in public schools, and creating a color-coded Homeland Obesity Advisory System. “Every vending machine is a cache of chemical and biological weapons, every fast food restaurant a terrorist cell, every kids’ cereal icon an Osama bin Laden of sugary fundamentalism,” said Carmona, introducing the new measures.
A little over the top, but as I explained in an accompanying blog post, many of the quotes are real and it’s not always easy to tell where the fiction ends and truth begins. Which brings us to today’s headline:
Child Nutrition a Matter of National Security
Support for improved child nutrition programs is expanding and, as reported by the Chicago-based American Dietetic Association, coming from unlikely sources. The ADA reports that the Defense Authorization Bill includes support for the reauthorization of the Child Nutrition Act, an opportunity that arises every five years.
According to the ADA, during house debate, 341 members voted for an amendment by representatives from Massachusetts, Missouri and Georgia, which emphasizes the impact of childhood hunger and obesity on military recruitment and encourages properly funding the Child Nutrition Reauthorization Act. [...] The “Sense of Congress” amendment states that “reducing domestic childhood obesity and hunger is a matter of national security…”
For the time being at least the labor pool is responding adequately to military demand, so regardless of the merits of the programs in question, calling this a matter of national security seems a stretch.
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A commenter notes that Starbucks stores in California are prohibiting smoking outside their stores:
Starting Monday, Starbucks customers are welcome to sit outside and sip a while — as long as they don’t light up. The international coffee giant is extending its ban on indoor smoking to outdoor patios and dining areas in California.
The change was prompted by an increasing number of communities that have enacted smoking prohibitions in outdoor dining areas.
This is their right obviously, though I would have preferred their hand not be forced by excessive regulations. Previous coverage of Starbucks and smoking policies here and here.
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It doesn’t happen often enough, so here are two pieces of good news related to smoking bans. First, Governor Schwarzenegger has vetoed a bill that would have prohibited smoking in all California parks and beaches:
Gov. Arnold Schwarzenegger on Monday vetoed a measure that would have banned smoking at state parks and beaches, calling it “an improper intrusion of government into people’s lives.”
Schwarzenegger, whose cigar habit led him to build a smoking tent at the state Capitol, said in his veto message that the proposed regulation, which would have been the most far-reaching tobacco legislation in the nation, went too far. Such rules should be left up to cities, counties and local park officials, the governor said.
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“There is something inherently uncomfortable about the idea of the state encroaching in such a broad manner on the people of California,” the veto message said. “This bill crosses an important threshold between state power … and local decision-making.”
Then just a few minutes from my hometown in Conroe, TX, the city council has reversed a ban on smoking in bars in record time:
Two months after enacting one of the most comprehensive smoking bans in the area, the Conroe City Council has removed bars from the new ordinance because of the economic impact it was having on business owners.
“I lost $15,000 in March,” said David Luttrell of Malone’s Pub. “It was like someone pulled a switch. I lost $15,000 in April. I had to lay off four employees and seven bands. It has also affected my suppliers and vendors too.”
After hearing similar stories from other bar owners, the council reversed its position Thursday to allow smoking in bar, which are defined as “pubs, ice houses, beer joints and saloons.”
[Hat tips to the Stogie Guys and my dad.]
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The Institute of Medicine has released its report on salt in the American diet and, as expected, it recommends that the FDA mandate reduced sodium content in packaged foods and chain restaurants. Here’s a short summary from The Washington Post of how this would work:
In a complicated undertaking, the FDA would analyze the salt in spaghetti sauces, breads and thousands of other products that make up the $600 billion food and beverage market, sources said. Working with food manufacturers, the government would set limits for salt in these categories, designed to gradually ratchet down sodium consumption. The changes would be calibrated so that consumers barely notice the modification.
As Jeff Ely notes, the idea is that this is a coordination problem. We might all be better off if we reduced our salt intake, but in order to calibrate our tastes to a lower level we have to gradually reduce the salt in all foods at the same time. (For what it’s worth, the FDA has stated it’s not currently planning salt regulations.)
There’s some disagreement about the benefits of reducing salt consumption across the entire population and about whether our “bliss point” for salt content is really that malleable; John Tierney writes on this topic here and here. But for now let’s grant the plausibility of both of those claims. It’s one thing to say we should all reduce our salt consumption. It’s quite another to say that a government agency is capable of gradually and imperceptibly reducing the amount of sodium in the nation’s food supply over the course of a decade and stopping at the “correct” level. The IOM report’s introduction hints at the scale of this endeavor:
… if strategies to reduce sodium intake in the United States are to be successful, they must embrace an approach that emphasizes the entire food system and emphasizes sodium intake as a national concern. This report recommends the use of regulatory tools in an innovative and unprecedented fashion to gradually reduce a widespread ingredient in foods through a well-researched, coordinated, deliberative, and monitored process. [...] the approach must be supported by a strong federal government commitment to sodium reduction and leadership from the Department of Health and Human Services (HHS) in cooperation with other agencies and groups to ensure coordination with all stakeholders including the food industry and consumers.
Monitoring! Deliberation! Coordination! This is bureaucracy porn for technocrats. It’s a safe bet that the people at the IOM aren’t reading Hayek on their lunch breaks, because if you have read Hayek the success of this enterprise starts to sound very far-fetched. You begin to wonder how the people making these decisions could possibly have all the information they need to pull this off. How gradual is gradual? What percentage of salt should be taken out of each product each year? Is it the same for bread, pretzels, spaghetti sauce, pickles?
This knowledge problem is exacerbated by the fact that salt’s impact on taste is complex. It doesn’t just make things taste salty. It can make food seem like it has greater body and reduces the perception of bitter elements (recall the way a tiny bit of salt can reduce the bitterness of bad coffee). As food companies compensate for reduced salt in their foods, they may have to make them richer in other ways or use more sweeteners. Similarly, as Tierney points out, if anti-salt advocates are wrong and consumers do have an inflexible satiation point for salt, they may eat more food just to keep their salt intake constant. To some extent we may end up trading salt for calories, hardly an unequivocal good given our current excess.
It’s doubtful whether a government agency could accurately gauge consumer preferences. The FDA is not in the food-selling business and so has little incentive to care about taste. The IOM report repeatedly stresses keeping food “acceptable” to consumers. But what if you don’t want acceptable, you want delicious? Don’t expect the FDA to care. As demonstrated by its actions against unpasteurized dairy and its threat to ban menthol cigarettes, the agency places little value on consumers’ choices when they conflict with regulators’ own assessments of acceptable risk. There’s no reason to believe the interests of regulators and consumers will be aligned on salt levels either.
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So a day after I announce that I’m a brand ambassador some guy with diplomatic credentials causes a scene by violating a smoking ban:
A Mideast diplomat who grabbed a surreptitious smoke in a jetliner’s bathroom sparked a bomb scare and widespread alert that sent jet fighters scrambling to intercept the Denver-bound flight, officials said.
But no explosives were found and authorities speaking on condition of anonymity said they don’t think he was trying to hurt anyone and he will not be criminally charged. [...]
Two law enforcement officials said investigators were told the man was asked about the smell of smoke in the bathroom and he made a joke that he had been trying to light his shoes - an apparent reference to the 2001 so-called “shoe bomber” Richard Reid.
Why is everyone looking at me? Brand ambassadors don’t even have diplomatic immunity. At least I don’t think they do, but that would be a hell of a perk.
[Via Reason.]
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