(1) To limit advertising promoting tobacco and to alert the public to the dangers of tobacco: Luther Terry, MD.
What might you (as Surgeon General) do if an unexpected question at a press conference left President Kennedy in a box?
Smoking & Politics, Policy Making and the
Federal
Bureaucracy.
By A Lee Fritschler.
See outline of this book, below.
(2) To hold tobacco industry accountable for willful damage: David Kessler, MD.
What might you (as Commissioner of the Food and Drug Administration) do if tobacco remained a major industry and killer?
A Question of Intent, A Great American Battle
With
a Deadly Industry.
By David Kessler.
(3) The tobacco industry:
How do the circumstances of an industry
determine the skills and perspectives that guide that industry?
Ashes to Ashes: America’s Hundred-Year
Cigarette War, the Public Health, and the Unabashed Triumph of Philip
Morris
By Richard Kluger (1997 Pulitzer Prize for
General Nonfiction).
Fritschler, A. Lee, and Hoefler, James M.
1996. Smoking & Politics (5th ed). Upper Saddle River, NJ:
Prentice Hall.
Powers of a regulatory agency [pp. 64-65]
| Formal Powers | Informal Powers |
| Adjudicatory (quasi-judicial) Rule-making (quasi-legislative) |
Advisory Opinion Trade Practices Conference Consent Order |
Determinants of success in
influencing policy
Influencing policy requires Persistence, Skill,
and Luck
"Those who want to initiate change in policy have
come
to recognize that their cause will succeed only with hard work, careful
strategy,
and large portions of luck." p. 37
Skill of Surgeon General
Recognized opportunity; selected and charged
advisory committee
for skill, legitimacy, and objectivity; programmed public interest.
Preparation by regulatory
agencies
Setting precedence for rule-making.
Favored by the general broadly accepted "delegation
doctrine.".
Skill of tobacco interests
Respected and skilled lobbyist; Consolidating their
efforts
and accepting compromise; questioning the science; moving action to
Congress
(the political, rather than the legal, arena).
Use of preemptive legislation and threats of
restricting the regulatory agencies' budgetary and regulatory resources.
Problem of the public health
interests
Failure to consolidate efforts; taking absolute
positions.
Success?
Breaking of the iron triangle
Incidence of smoking
A final question
Would the public health interests have made more
progress
if they had concentrated upon tort law?