Former Unites States Surgeon General Dr. C. Everett Koop, resident Senior Scholar of the Dartmouth institute bearing his name, was disappointed in the recent ruling by the Supreme Court that the Food and Drug Administration does not have the authority to regulate the tobacco industry.
"I was disappointed in the ruling, but it did not surprise me. It is a good thing to acknowledge the dangers of tobacco, but they did not do anything about it," Koop said.
The Supreme Court ruled by a decision of 5-4 that tobacco regulation could not be included under the Food, Drug and Cosmetic Act due to Catch-22-like reasoning. The FDA formerly regulated nicotine because it was a drug that affects the body. However, the tobacco industry counter-argued that the FDA is commissioned to make sure that drugs reaching the public are safe, and nicotine clearly is not.
Citing the traditional leanings of the majority, Koop said, "The five are strict constructionists when is comes to the law. The other four are more liberal."
When asked how he would have voted, Koop said that he would have voted in support of the statute, saying that the FDA tobacco regulation have thus far been well-received.
In particular, Koop was disappointed in the statement by Justice Sandra Day O'Connor that by using the law, cigarettes would have to be taken off of the market.
"[The FDA] would never take cigarettes off of the market, because it would create a medical problem such as never seen before. There are 49 million addicts in this country," Koop said.
The repercussions of this ruling will include making it much easier for children to get cigarettes, according to Koop, who cited convenience stores as a popular place for children to procure cigarettes.
"They make their biggest profits on cigarettes, and are happy to sell them to anyone they can," Koop said.
Koop also cited the influence that the tobacco industry has over convenience stores, "Cigarette companies pay storekeepers to keep cigarettes within the reach of children: this gets them addicted at an earlier age."
The influence of tobacco advertisements is another topic that Koop takes issue with.
"We know from documents brought to light that cigarette companies knew about the addictiveness of nicotine, and aimed for children as young as they could get away with. They were aiming ads at eight-year-olds, and wondering if they could go to five-years old," Koop said. "More kids at age five know who Joe Camel is than Mickey Mouse. This is pretty frightening."
Currently there is a push for legislation to overturn the ruling. While Koop supports this legislation, he sees it as unlikely to receive the support it needs in an election year.
Citing further opposition, Koop pointed to Senate Majority Leader Trent Lott.
"When the McCain [Tobacco] Bill was defeated Trent Lott said that no more consideration would be given to that topic while he was there," Koop said.
Koop sees the next move as being on the part of individual states, saying that "when states put through these laws, they tend to be tougher."
In the long run, Koop sees a bipartisan bill, such as that being pushed by Senators Bill Frist (R-Tenn.) and Edward M. Kennedy (D-Mass.), that would, "lean heavily on the fact that the Supreme Court all but begged Congress to take action against tobacco."
However, there is a larger problem than just obtaining regulation of the tobacco industry. The tobacco industry is a large political contributor, and until there is campaign finance reform, politicians stand to lose a lot of financial support if they stand in the way of the tobacco industry, Koop said.
Koop also cited the traditional support of Big Business and the sudden death of the McCain Bill as further impediments in the fight for tobacco regulation.
With these three obstacles, the road to tobacco regulation in the near future is questionable.
Whether Republicans will behave and differently this time around given their past track record remains to be seen, Koop said.
Dr. Koop attended Dartmouth, graduating in 1937. His highly distinguished career has been highlighted by degrees from Cornell University and the Graduate School of Medicine, University of Pennsylvania. He has received 41 honorary doctorates, authored more than 230 articles and books, and has a website bearing his name, Drkoop.com.
