The FDA’s Assault on Tobacco Consumers, Part 3

Early one morning last December, Jeff Gracik was heading to his southern California home garage-workshop where he makes his living when he heard a loud, hurried knock on his front door. Thinking it might be a rushed UPS driver, he quickly opened the door. But it wasn’t UPS. Standing on his doorstep were three badge-flashing inspectors from the U.S. Food and Drug Administration. They had come to inspect Jeff’s business.

Just what is Jeff’s business? Does he produce food? No. Does he produce drugs? No again. So why the unannounced visit by FDA inspectors?

Jeff makes pipes for tobacco pipe smokers. He doesn’t make tobacco, mind you, which (alas) Congress empowered the FDA to control, but pipes, most of which are made from wood (most commonly briar, but other varieties too), materials such as acrylic and vulcanized rubber for the mouthpieces, and wood stains, which Jeff buys but does not make.

In its wisdom, the FDA has deemed pipes “tobacco products,” a category of things it regulates under the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009. Forgive the bureaucratese I’m about to shovel your way, but an FDA document states (pp. 257-58):

“The definition of ‘tobacco product’ … includes all components, parts, and accessories of tobacco products (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product). FDA interprets components and parts of a tobacco product to include any assembly of materials intended or reasonably expected: 1) to alter or affect the tobacco product’s performance, composition, constituents or characteristics; or 2) to be used with or for the human consumption of a tobacco product. Both e-cigarettes and pipes meet this definition.”

You may find it odd that the FDA chooses not to regulate lighters, matches, ashtrays, humidors, and the like, but it has its reason: it deems such things to be accessories, not components and parts. Accessories, the FDA says, “do not contain tobacco, are not derived from tobacco, and do not affect or alter the performance, composition, constituents, or characteristics of a tobacco product.” Since pipes do those things, they are deemed regulated components rather than unregulated accessories.

Who knew the FDA personnel had the wisdom to make such fine distinctions?

Note the first word I emphasized a couple of paragraphs earlier: interprets. The FDA admits it has no explicit statutory authority to regulate things not made or derived from tobacco even if they can be used to consume tobacco. Did the members of Congress who wrote and voted for the TCA (which amended the FD&C) deem non-tobacco products such as wooden pipes to be tobacco products? It appears not. The legislation states that the “term ‘tobacco product’ means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).”

The word including would seem to limit the covered components, parts, and accessories to things “made or derived from tobacco,” of which the briar root Jeff Gracik uses is not an example. Briar comes from the root of the flowering plant called Erica Arborea, or tree heath.

To reinforce my point, note that the word pipe appears in the TCA only as a qualifier for the word tobacco. The statute’s authors wanted to assure that tobacco is understood to include pipe tobacco and not just cigars and cigarettes. But the legislation contains not one single reference to pipes per se. So Congress apparently did not intend to authorize the FDA to control anything other than tobacco or things derived from it, even things that are likely to be used to consume tobacco.

But no matter. The FDA has assumed the power to deem non-A to be A. Logic and common sense be damned.

At any rate, three FDA inspectors (two of them trainees) turned up unannounced at Jeff Gracik’s door to say that they had the authority under the TCA to enter his premises — right then — and inspect his home workshop. Actually, he had “consented” to inspections once every two years when he registered with the FDA as a pipe maker. Jeff had learned earlier that under the law, retailers could not sell his pipes unless he was registered, so he allowed a retailer to register him, saving him the trouble of doing the paperwork himself. He had no choice: he earns his living as a full-time pipe maker and wants to keep doing so.

Jeff, who is 39, started making pipes in 2003. He sold his first one a year later and has since built a sterling reputation among pipe collectors. He makes 100 to 125 pipes a year — which sell for $800 to $3,000 apiece — under the name J. Alan Pipes. Jeff is an artisan; he makes pipes one at a time by hand. Each is unique, a thing of beauty, a dazzling collaboration of nature and human being. He and brother Jeremy have a second, lower-priced line of partially machine-made pipes under the name Alan Brothers.

Needless to say, Jeff was unaccustomed to having federal agents traipsing around his workshop. “I was so shocked,” he told me. He said the inspectors were friendly but firm — and apparently unsure what they were supposed to be doing. This might have been their first venture into unknown territory. (Other pipe makers are being similarly visited.) The inspectors started asking questions “most of which were not really relevant to pipe making. Things like: tell us about all the materials you use. Tell us about where they’re from. Do you have receipts for where they’re from? We need the names for all the distributors for all your materials. We need to know exactly the ingredients with which they’re treated; so, for instance, briar, how is it treated? Of course, I’m an artisan. I don’t have those kinds of records.”

That was just the beginning. “They had me demonstrate how to make a pipe. So I had to take a block of briar and chuck it in my lathe…. And as the day went on, they became more and more interested in what I was doing.” He said some of their questions suggested they were interested in the potential toxicity of materials and ingredient, but that’s as far as that went. They tested no materials or stains and took no sample with them. Jeff was not told to submit anything for approval.

The visit lasted six and a half hours, as if this small businessman had nothing better to do than entertain a group of FDA inspectors. “I got nothing done that day,” he said.

“They wanted to see written procedures,” he explained. “How do you do A to Z?” He told them that as a craftsman and unlike a factory, he has no written procedures. As the hours went by he sensed he was almost gaining sympathy from the inspectors.

Jeff said he did his best to comply with all requests, including requests for documents going back to 2006. “If they shut me down because I failed to answer a question to their satisfaction,” he said, “then my kids don’t eat and we foreclose on our house.”

For the record, the TCA states that regulations “shall not impose requirements unduly burdensome to a tobacco product manufacturer or importer, taking into account the cost of complying with such requirements and the need for the protection of the public health ….” Decide for yourself if the FDA obeys that prohibition.

The FDA and those who support government control will point out that even though pipes are not made from tobacco, they are used to consume tobacco. That’s true. But Gracik points out that some people who buy his pipes, which can be as beautiful as any work of art, are collectors who don’t smoke. (Interestingly, his grandmother’s first cousin was Andy Warhol.)

It’s hard to say how many pipe makers we have in America. People connected with the industry and hobby estimate the number of full-timers at 25 to 30, with a few hundred more who make and sell pipes part-time. Jeff is afraid that the thicket of rules could persuade many of them to “throw in the towel.” He says: “It scared the hell out of a lot of pipe makers when we found out we were under this kind of scrutiny.”

The pipe makers certainly could use a trade association to protect them. But Gracik says they are, unsurprisingly, individualists and so discussions about forming an association have gotten nowhere.

So the FDA harasses — even if it’s with a smile — small-scale artisans who scratch out livings working by hand with wood and other harmless materials. To what end? It’s all part of a larger puritanical campaign to harass peaceful Americans who enjoy consuming tobacco via cigarettes, cigars, pipes, and smokeless tobacco and using non-tobacco nicotine e-cigarettes.

“Nothing so needs reforming as other people’s habits,” Mark Twain said.

Using tobacco is not risk-free, of course, but most things in life are not risk-free. In the real world, risk can be managed and minimized but never eliminated, and in a free society, individuals have the right to decide for themselves how to go about doing it.

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Be the Euphoria You Want To See In the World

Euphoria, n. A feeling or state of intense excitement and happiness

When I experience euphoria

I’m a pretty stereotypical runner guy now. So I’d have to tell you first about the euphoria that kicks in several miles into a long run. I’ve written before that it’s like:

You become an animal – something far more basic than your everyday self. You feel amazing, transcendent even – and you also feel desperate. You are being tested and rewarded. You sweat out your distractions, your pettiness, your greed, your insecurities.

This sort of thing isn’t unique to running, though.

I might get it when I wrap up a difficult jiu jitsu class (or some other session learning some difficult skill).

I just about always get it when I’m vulnerable with someone about attraction, or my failures, or difficult truths.

And I probably get it when I work my butt off to organize an event at work or home, when I’m working late in the office and no one’s around*, and when I hit “send” on an email delivering a hard project at 3 AM in the morning.

The common denominator is that I experience this kind of euphoria whenever I confront the things I might tend to avoid. Chemically, it’s adrenaline. Psychologically, it’s conditioning. Spiritually, it’s growth.

The world becomes lighter, I become stronger, and everything falls into place because I know I can take it.

But there’s also euphoria in reflection and dreaming.

When I’m going for a long drive I’ll reflect on where I’ve been and the beauty and chance and hard work (my own and others’) that has gotten me to where I am. There’s a euphoria that comes with realizing that (despite the many problems) you’re living in the fairest, freest, healthiest, wealthiest, and most peaceful society in all of human history.

Also while I’m driving, I’m probably listening to film scores (one of my favorite genres, judge me) and imagining a more adventurous life. If I’m going fast, with the windows down, with courage, and with the hope of a challenge ahead, I’ll feel just a bit euphoric. Heck, I get this sometimes on the way to work, right where I get to pick up speed.

When I see euphoria in the world

I wouldn’t say I often see euphoria – it’s pretty hard to separate from normal happiness or excitement from the outside looking in. But I do see often enough when people come alive – that low-level hum of euphoria and joy that can characterize not just a moment but a life.

You can tell pretty fast whether someone has that low-level euphoria. They voluntarily spend their time exploring a topic. They start talking faster when it comes up. They alternate between grinning with joy and frowning with focus. They own the adrenaline rush, and their initiative is magnetic. It makes you want to work harder.

I see something like this when I see great young apprentices in the Praxis community. They’re often just 18 or so and moving cross-country to work in startups. And the ones that are asking questions, doing hard work, and eking all the value they can get from their experience clearly have that “alive” quality that I don’t see in most young people.

I also see that low-level euphoria when I see great artists at work, like when I saw Lindsey Stirling perform around Christmastime. She may have been tired after a long tour of the same routine, but she did not show it. In the dancing, the decor, the stories, the music, the humor there was this sense of tremendous effort but also of effortless joy. Stirling was someone who from love brought together all of the best of human potential into this show. You have to be alive to do something like that.

So I suppose the answer is the same – if you want to see euphoria, go where the effort is. You can find it at celebrations occasionally, but you’ll find it often where the most sparks are flying.

Be the euphoria you want to see

How do I contribute to euphoria?

I guess I start by experiencing a lot of euphoria (when I can). I’m a big fan of the popular Howard Thurman quote:

“Don’t ask yourself what the world needs. Ask yourself what makes you come alive and then go do that. Because what the world needs is people who have come alive.”

What I want to do is show people that it’s possible and practical to live a life of joy. Most people don’t believe that and so don’t find much euphoria.

So a good deal of that is on me. I’ve had experiences that have convinced me that truth (a big prerequisite for undivided joy) is worth it, and that effort is worth it. I want to communicate that. And I’ll do that best by taking as many chances as I can to surprise and delight people into the realization that joy is *right there* for anyone willing to act boldly.

I can encourage euphoria just by finding and encouraging others already on the path to “what makes them come alive.” If you’re an alive person, you can basically expect to have my friendship, or at least my alliance. Your fire is precious and deserves respect (the world is boring without people like you). I will root for you at least, and I might even be willing to fight for you in the extreme.

And what I’d like to continue to develop is a philosophical grounding for joy. People need to know that their struggles are worthwhile and their joy possible and good. Plenty of good thinkers (Ayn Rand for me, especially) have started this work. I’ll continue to try to share the words I’ve learned and find new ones that make the case for joy.

*The euphoria here is not much different than the state of “flow” in psychology.

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The FDA’s Assault on Tobacco Consumers, Part 2

A bill introduced in the U.S. House last month would ban the flavoring of any “tobacco product” except, strangely, cigarettes.” The targets are vaping devices (vapes, e-cigarettes), but also cigars and pipe tobacco. The Food and Drug Administration deems vaping devices “tobacco products” even though they contain no tobacco. Introduced without sponsors by Rep. Rosa DeLauro (D-CT), the bill would allow an exception for some vaping products, but it is one that would be all but impossible to qualify for.

The rationalization for the prohibition is that flavoring attracts underage consumers to the products. Yet this seems implausible because it suggests that without flavoring teenagers would be uninterested in e-cigarettes (not to mention conventional cigarettes). Yet kids have long been attracted to conventional unflavored cigarettes. (And unflavored marijuana has no troubling winning favor among the young.) After all, fruit, mint, and other flavors are readily available in unrestricted products like hard candy, chewing gum, and soft drinks. So if underage consumers want those flavors, why don’t they stick with products they can legally buy? Clearly, the attraction to e-cigarettes (and conventional cigarettes) is something other than flavors — the “coolness,” or maturity, factor perhaps.

DeLauro’s bill betrays a fundamental puritanism, which underlies all prohibitionism: since nicotine is a substance that provides pleasure and some people therefore use it habitually, it must be stamped out and its consumers, producers, and merchants demonized. (Human beings have long affirmed themselves by demonizing others and their preferences.) As H. L. Mencken told us: puritanism is the “haunting fear that someone, somewhere, may be happy.”

At any rate, DeLauro’s bill is redundant because the FDA under Trump appointee and putative deregulator Scott Gottlieb is already moving in that direction. (Her bill likely excludes conventional cigarettes because the FDA is already stepping up the restrictions on them.) Indeed, Gottlieb now threatens to yank vapes from the market and subject them to a lengthy and expensive regulatory review if “the youth use continues to rise.” (The anti-vaping hysteria is just getting started.) According to NBC News, Gottlieb told a meeting: “If … we see significant increases in [youth] use in 2019, on top of the dramatic rise in 2018, the entire category will face an existential threat. It will be game over for these products until they can successfully traverse the regulatory process.” (Emphasis added.) He reportedly accused the e-cigarette makers of marketing to young people. Yet when those makers label their products as for adults only, they are accused of enticing children. Damned if you do; damned if you don’t.

Welcome to America, the land (as Mencken put it) of the “theoretically free.”

In 2009 Congress and Barack Obama gave a virtual blank check to the secretary of health and human services to regulate “tobacco products” through the FDA and a soon-to-be-created Center for Tobacco Products. The result over the last few years has been a dizzying cascade of oppressive rules governing manufacturing, retailing, labeling, and other aspects of the business of producing and selling combustible and smokeless tobacco and nicotine-delivery products that don’t contain or are not made out of tobacco, such as e-cigarettes and pipes.

Among other things, the FDA has begun to move toward mandating that the nicotine in cigarettes be reduced to so-called “non-addictive” levels, the consequences of which would surely spill onto pipe and cigar smokers. (Nicotine users have always found ways to get the amount they want regardless of government restrictions.) The FDA’s most recent decree bans most flavored vape “e-juices” from general retail stores (as opposed to age-restricted vape shops), and prohibition of menthol cigarettes and flavored cigars are also in the works. Meanwhile, other tobacco products, such as pipe tobacco, that entered the market on or after an arbitrary date in the past (in 2016 or 2018, depending on the product) are being deemed “new” and made subject to costly and time-consuming FDA testing. Even a retailer’s blending of two long-available pipe tobaccos is deemed to be “new” and subject to testing. (Deadlines for submission for testing are in 2021 and 2022, depending on the product. The FDA’s procedures have yet to be worked out.)

The upshot is that adults are being harassed as they go about their peaceful consumption of combustible and smokeless tobacco and nontobacco nicotine products, which human beings have done in one way or another from time immemorial. (While some people find it easy to habituate themselves to nicotine, unlike inhaled tobacco smoke, it is not hazardous to health.) As noted, many of these bureaucratic violations of liberty are defended in the name of protecting children; however, we can address that issue without the blunt instrument of the state, and as mentioned, many intrusions have nothing to do with children. How many kids are shelling out for premium cigars, pipe tobacco, and briar pipes?

Moreover, regulations that appear aimed at children, especially those regarding vaping, may discourage cigarette smokers from switching to that safer form of nicotine consumption. The warning that vaping is “not a safe alternative to cigarettes” almost sounds like an argument for sticking with cigarettes, although vaping is safer than inhaling cigarette smoke. (The reported rise in teen vaping has coincided with a drop in teen cigarette smoking.)

The intrusions simply hassle adults and make what they want to consume less abundant and more expensive. And they do something else: they entice teens, who will always be drawn to forbidden fruit. (What would Huck Finn be saying?)

Congress should repeal the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009, which empowers the FDA to regulate “tobacco products” and to define what a tobacco product is. How can anyone continue to believe that the U.S. government is constitutionally limited when Congress and the president can authorize an executive department and a regulatory agency to define their own powers over peaceful, consensual conduct?

Make no mistake about it: the assault on manufacturers and retailers is ultimately an attack on consumers who indulge in what other people believe are vices. (See Lysander Spooner’s Vices Are Not Crimes: A Vindication of Moral Liberty.) This is shameful in a society that fancies itself free.

To be continued…

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Living In (All) the Moment(s)

For me to “live in the moment” isn’t really different than most people’s meaning for the term: I’m focused on the now, instead of the past or present.

I typically find this state when I’m facing fear. I can tend to dwell on the past or dream and plan about the future, so often I have to be scared and/or adrenaline-d into the moment (maybe this is a fault). A good hard run brings me into touch with the moment, as do most hard conversations or difficult acts of self-integration. It’s very hard to go through these experiences or most challenging new experiences while on autopilot.

But more powerful even than adrenaline is gratitude. And ironically, I find this key to present awareness in past-awareness and global awareness.

When I stop to think about my life (typically this happens when I’m driving), I might come to realize that – compared to both most humans who have ever lived (past awareness) and most humans who are living (global awareness), I have been given so many gifts that I should appreciate. I’m reasonably industrious, reasonably open, healthy, gifted with resources, free. I have stability and live in a peaceful place. In the big picture, I live in a true paradise.

When I do become aware of this, I can be overwhelmed with the input of everything that is blessing me: health, opportunity, skills, family, friends, good memories, good role models, and so on. I become present to the beauty around me in that moment – the sunlight, the skyscrapers – and to the things that have happened to get me to a place of such beauty.

I remember all of the things I’ve done and left undone, and I either celebrate them or resolve to do what needs to be done so I can experience these moments of gratitude and presence without conflict.

So maybe living purely in the moment is overrated anyway. Maybe the best state is really to be able to live in all the moments: to be able to see how your past connects to your present connects to your future.

Originally published at JamesWalpole.com.

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The Best Things I’ve Learned About Raising Children

I don’t consider myself a parenting expert, but I have helped raise six kids (along with their mothers), and being a father has been one of the most rewarding things in my life.

And while I’m not a perfect father, I think I’m pretty good at it. Mostly because I absolutely love it.

Eva and I also have some slightly non-conventional parenting ideas that might be useful to parents who are always looking for new ways of thinking about things.

So I’m going to share the best things I’ve learned about raising children, not because my way is the best, but because it’s always helpful to have a discussion about parenting.

A really important note: Much of the work of parenting, if not most, was done by my kids’ moms (my wife Eva and my first two kids’ mom). I can only take a little credit.

Here are some of the best things I’ve learned:

  1. Your main job is just to love them. We have to take care of their basic needs, of course, but parents add all kinds of extra things on top of that, and make the job really hard. Parenting is often not that complicated — OK, taking care of basic needs is a lot of work, but the basic job of parenting is to love your kids. You don’t need to shape them, to pressure them to be better, to make them do all kinds of activities to become the perfect kid. They’re pretty damn perfect already. Just love them as they are, and make sure they can feel that love.
  2. Don’t hover — let them fall sometimes. Parents these days tend to be overprotective, to be constantly trying to make sure every need is met, and to be afraid of the smallest fall. Nah. Let them live. Let them have some independence. Let them go out and play without you. Let them fall down and scrape their knee. Let them fail at things. This is how they grow. Imagine if you sheltered kids from failure and pain and struggle their whole lives … they’d be totally unprepared for the adult world! I’m not saying you should never protect your kid, but the less you can do that, without them dying, the better. Then help them cope with the failure or pain on their own, with you helping them to understand how they can do that. Be there for them, but only to the extent that you’re helping them learn to do it on their own.
  3. Harsh disciplinarian methods are more hurtful than helpful. When I first started parenting, I would yell and spank my kids and punish them for all their wrongdoings. It was totally hurtful, and made them afraid of me. Yes, they would do everything I told them to do, but only because they were scared to do otherwise. And often they’d just hide the things they did, so I wouldn’t know. I’ve learned to mellow out over the years, to control my temper and be more compassionate. I’m not perfect, as I said, but now I see everything as an opportunity to educate them, an opportunity for them to grow, and a chance for me to just love them. If your parents were disciplinarian, that doesn’t make it the way you need to do things.
  4. Reading to them regularly is one of the best things I’ve ever done. I read to my kids most days. My wife and I have done that with all the kids, and it’s a wonderful way to spend time with them, to foster a love for reading that will help them for the rest of their lives, and to explore imaginative new worlds together. My kids have found a love for reading on their own that came from cuddling with me and reading Dr. Seuss and Harry Potter (a series I’ve read 4 times over with different kids) and Narnia and Arabian Nights and Don Quixote.
  5. Let them direct their own learning. Four of my kids are unschooled, but all of them have done learning projects on their own, and I encourage them to learn about whatever they’re interested in. Many kids are so used to top-down learning (where they’re told what and when and how to learn) that they don’t know how to direct themselves. They’ll have to learn as adults. But instead, we can encourage them to learn what they’re interested in, help them with learning projects until they can do it on their own, and have them learn like adults do.
  6. But give them fun challenges and encourage them to try new things. Self-directed learning is an incredible method, but sometimes they need inspiration. I like to encourage them to look things up, to dive deep into a topic that interests them, to learn about something they don’t know yet will interest them. I try to talk about these things in positive ways, that show how interesting I find them, and I’ve found that sometimes, that interest and curiosity are contagious. Other times, I challenge them — let’s do a drawing challenge, a pushup challenge … let’s see if we can travel a month with only a backpack each, or memorize the capitals of all the states, or as many digits of pi as we can. Let’s try to program a simple game. Kids (and adults) respond well to fun challenges.
  7. Teach them to do things on their own, early. As soon as we could, we taught our kids to do things on their own. Tie their own shoes, brush their teeth, shower and dress themselves, make their own breakfast and lunch, wash and dry the dishes, clean the house, do their own laundry. For one thing, it made our job as parents easier, if they were helping plan meals, do the grocery shopping, and cook dinners once a week. Soon we didn’t have to do very much for them. But just as importantly, we were teaching them self-sufficiency — they don’t expect things to be done for them, and they learn that they can do anything for themselves that they want taken care of.
  8. Let them take charge of things or participate in work when you can. Along the same lines, we try to get them to take charge of things … for example, planning a trip. They do research, look for Airbnb apartments, plan train routes, book flights. When they get to adulthood, they already know how to do these things. They also know how to take responsibility.
  9. Try a democratic process of decision-making. When we decide where to eat out, or what we should do this weekend, we have a discussion, each contribute ideas, and take a vote. This teaches them to take part in making decisions, instead of having their lives decided for them. But it also teaches them to respect the opinions of others, and that what they want is not the only thing that matters. We do similar things when planning for a trip, deciding whether we should move to a new city, and so on.
  10. Practice mindfulness with them. I have meditated with all my kids. Not regularly, but enough that they know what it’s all about. When my daughter comes to me upset about something, we practice mindfulness of how the emotion feels in her body. Being with the emotion. When my other daughter is feeling anxiety, we talk about how to practice with that as well. They’ve also seen me meditating in the morning, so mindfulness practice becomes a normal thing for them.
  11. The main way you teach them is by your example. Speaking of watching me meditate … this is the main way that I teach them anything. By my example. By how I am in the world. If I want to teach them not to fight, I have to be peaceful. If I want to teach them to be good people, I have to be compassionate, considerate, loving. If I want to teach them to not be on their devices, I have to do the same. If I want them to be active, to eat healthily, to read, to meditate … then it starts with me doing it. And talking to them about what I’m doing and why and what I’m learning and how I’m doing it. They learn almost everything from what people around them do.
  12. Don’t pretend like you know everything. That said, while I try to do my best in life, I have to humble myself and admit that I don’t know everything. In fact, I barely know anything. I can’t always think I’m right, nor can I pretend to have all the answers, even if I’m the dad. Maybe my kids know somethings I don’t. Maybe we can learn together … but it starts with me saying, “I’m not sure, let’s find out!” This mindset of not-knowing is where learning starts, the space that we can explore together, the space where we become open to each other. Many parents (and people in general) come at you with the stance that they know exactly what they’re doing, know the answers. This leaves no room for anything else. It’s fundamentalism.
  13. Admit when you’re wrong. Apologize. Make it right. Along those lines, when I think I’m right, and insist on it … that’s often when I’m wrong. And I’ve been humbled like this so many times. What I’ve learned is … instead of continuing to pretend like I’m right, it’s so much better to admit that I’m wrong. To humble myself. Actually apologize if I’ve done anything to hurt them. And do what it takes to make it right.
  14. Let them earn and pay for things early. And teach them about debt. In our house, we don’t have an allowance. We buy them the basics of what they need, but if they want anything beyond that, they have to pay for it themselves. And earn the money through things beyond their basic chores. They might do things for us, or work for my business, or make things or do services for others to earn money. This also teaches them to save for goals. I also talk to them about the dangers of getting into debt, the high cost of credit card debt, and some simple financial truths that I’ve learned.
  15. Don’t shield them from sex and drugs and technology. Some parents don’t want their children to hear anything about sex or drugs, and shield them from that for as long as possible. This just makes sex (for example) a taboo subject, and gives the kids an unhealthy idea of how bad it is. I’ve found it much better to speak frankly about it, and if I were going to do it all over again, I’d start that frank talk much earlier. Sex isn’t something that should be made dirty or forbidden. It’s a natural thing that all adults do. Kids should get that sense from adults, and be helped through that confusing world by their parents rather than having to figure it out through what they hear from friends or happen upon online. I think the same is true of drugs. Another thing that some parents shield their kids from is technology — no devices ever! But that means that kids don’t learn a healthy way to deal with technology. It’s better to just help them learn to deal with all this stuff, rather than not trust them.
  16. It’s OK to hang out without them, and let them have separate time from you. I love hanging out with my kids. But that doesn’t mean it’s healthy for them to be with me every second of the day. Sometimes, they can go play by themselves, while my wife and I have alone time. Sometimes, they can have an evening at home while we go on a date (when they’re old enough). Other times, we can drop them with a relative and go on a trip by ourselves, or with friends. I think alone time, and time away from parents, is a healthy thing for kids. Give them space. Let them learn to deal with being on their own (again, when appropriate). Give yourself space to replenish yourself, or find romance with your partner, without them.
  17. Parenting ain’t over when they reach adulthood. I used to joke, “If I get my kids to 18 years old alive, I’ve succeeded as a parent!” Of course, that’s absolute bunk. I’ve learned that parenting is far from over once they reach adulthood. Four of our kids are adults now, and it’s a whole new challenging phase of parenting for us. We’re trying to teach them how to do adult things, how to be financially self-sufficient, how to get the dream jobs they want, how to deal with relationship stuff, and much more. I love it, but it’s not like I can just retire now.
  18. In the end, they will be the person they are. You don’t get to decide who that is. Each kid is already a fully formed person when they’re young. They continue to grow every year, of course, but their personalities when they’re young continue to be mostly the same as they grow older. We don’t shape these kids, they are already themselves. They will choose their own paths, decide what life they want, and grow in the direction they choose. I don’t have control over any of that. In the end, that’s what we parents need to accept — we don’t really control our kids. We just try to guide them when we can. And love them for who they are.

I’m still learning. I still don’t know what the hell I’m doing. And yet, I hope some of what I’ve learned so far will help a few of you.

I love being a dad. It’s an incredible privilege, and one of the deepest joys in my life. Thank you kids. And moms.

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The FDA’s Assault on Tobacco Consumers

We’ve all heard horror stories about the run-amok regulatory state. Enabled by open-ended statutes passed by Congress and signed by presidents, regulatory agencies have acquired virtual carte blanche to write rules governing peaceful behavior. Even when a seemingly narrow purpose has been set out, regulatory rule-making has engaged in mission-creep with alarming frequency.

Here’s an example that gets little attention because it directly impinges on the freedom of only a small number of Americans. For the last 10 years the U.S. Food and Drug Administration has been writing draconian rules governing the makers and sellers of cigars, smokeless tobacco, pipe tobacco, and even the pipes themselves (which of course are not made from tobacco) in what appears to be part of an effort aimed indirectly at eradicating these products from the marketplace. The fanatical campaign, reminiscent of America’s earlier campaign to prohibit alcoholic beverages, ought to concern everyone, including nonsmokers, because if it succeeds, other products could well be targeted on the grounds of public health. It is not just tobacco users who need to worry about the regulatory state’s tactics.

The assault on all forms of tobacco use, as well as the use of vaping devices, or e-cigarettes, which don’t use tobacco, is defended on public-health grounds, but we must not be fooled by this appeal. As Thomas Szasz showed throughout his career as the top critic of what he dubbed the “therapeutic state,” this assault is moral, cultural, and political, not scientific or medical. The anti-tobacco campaigners are not content merely with providing useful information, leaving people free to use it and the products as they wish. Instead, they support the use of state force to achieve their objectives; their advocacy of force is aimed not only at ostensibly protecting other people from smokers (which could be accomplished through contract and other consensual practices), but ostensibly at protecting smokers from themselves. (I should say “ourselves” because I’ve been a devout pipe smoker for over half a century.) Medical science can tell you what may happen to your body if you ingest a substance, but it cannot reasonably assert that in light of that information the state ought to prohibit or penalize the use of that substance. A physician qua physician has no special qualification to counsel when the use of force by the state or anyone else is justifiable.

Before describing the insidious campaign now underway (which will span a few of these columns), I want to establish a badly overlooked fact. The anti-smoking, or more generally, anti-tobacco, or more generally still, anti-nicotine campaign assumes that use of the relevant products entails costs but no benefits to “society.” Of course, that cannot be correct. How do we know? We know this because individuals choose to consume the products; what’s more, they pay money (that is, they give up something of value) to do so. If consumers received no subjective benefit from the products, they would not buy or consume them. Lots of people have quit consuming them after deciding that the benefits outweighed the costs to them.

Among the benefits, which people of many cultures have enjoyed for centuries, are the well-known pleasant and useful effects of nicotine (as an aid to relaxation and concentration) and the palate-pleasing nature of the tobacco leaf. That those benefits can’t be quantified is no good reason to pretend that they do not exist. If tobacco products could effectively be banished (which they can’t be because of the robustness of black markets), the people who now enjoy them would be less well off in their own eyes; that is, the quality of their lives would be diminished. Why don’t those individuals count in the public-policy discussion? Are they lesser persons?

The campaign against tobacco and its consumers goes back several decades, but in 2009 it took a giant leap. In that year Congress and President Barack Obama enacted the Family Smoking Prevention and Tobacco Control Act, the statute empowering the FDA to regulate whatever it deems “tobacco products.” Later, we will see why the word deems is so important. That authority would be given to the FDA should seem odd since tobacco is neither a food nor a drug in the pharmaceutical sense; people don’t eat it or treat (real or imagined) illnesses with it. (Recreational drugs are under the jurisdiction of the Drug Enforcement Agency — unfortunately.) If the issue were consumer welfare, establishment types might have wanted the authority given to the Consumer Product Safety Commission or the Federal Trade Commission. So why should the FDA have anything to do with tobacco? The answer lies in Szasz’s term the therapeutic state. The government can claim plenary power over virtually any peaceful behavior simply by claiming that the public’s health is at stake.

At any rate, the word family in the name of the legislation is meant to suggest that the goal of the legislation is to keep children from becoming cigarette smokers, a worthy goal if pursued without the help of government. The first “finding” listed in the act is this: “The use of tobacco products by the Nation’s children is a pediatric disease of considerable proportions that results in new generations of tobacco-dependent children and adults.” (We’ll leave aside the Szaszian question of how the use of a product can be a disease. Behavior may lead to a disease, but it is not in itself a disease.)

While we can stipulate that smoking cigarettes constitutes a personal health risk (as many other legal things do), we may reasonably doubt that children are all that the bill’s supporters have in mind. Children are unlikely customers for premium cigars, tobacco pipes, and premium pipe tobacco, which are not within a typical child’s means. (Government campaigns to keep children from doing something will likely be undercut by the forbidden-fruit phenomenon: if the government thinks an activity or substance is that much fun, then it must be tried. Better leave such matters to families and voluntary associations.) Thus, it is hard not to see the act as part of the larger campaign to rid America of tobacco and non-tobacco nicotine products. Through this lens, the FDA’s actions since 2009 have a certain logic, but it is a logic that is inimical to individual liberty and responsibility. We’ll explore other features of the anti-tobacco campaign in future columns.

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