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United Kingdom to Pass Smoking Ban Only for Those Who Are Not Yet Legal Adults

Daring Fireball·John Gruber·

Ephrat Livni, reporting for The New York Times (gift link):

Britain aims to raise a “smoke-free generation” by permanently banning the sale or supply of tobacco to anyone born in 2009 or after, with a bill that was approved by Parliament on Tuesday.

The bill applies to people currently 17 years old or younger and aims to keep them from ever picking up the habit in their lifetime. The proposal is expected to soon go into law after the final formality of approval by King Charles III.

Lawmakers say that in practice, the measure means the age of sale for tobacco products will rise over time as the targeted demographic group grows older and could lead to a smoke-free society. The law will apply in England, Scotland, Wales and Northern Ireland.

I’ve never smoked and I’m strongly in favor of most — maybe all? — of the smoking bans and tobacco-related public health measures that have been passed in my lifetime. I can’t imagine going back to when smoking was permitted in restaurants, bars, airplanes, and public spaces. I’m also strongly in favor of stiff taxes on tobacco products to discourage their use.

But this U.K. law seems bonkers to me. To me, something ought to be either legal for adults or not. The idea that if you’re already 18 years old you can buy tobacco products for the rest of your life, but if you were born in 2009 or later, you’ll never be permitted to, is so contrary to my sense of fairness that I’m finding it hard to put my objection into words. All adults should be equals under the law. That’s my take in a nut. If smoking should be illegal, it should be illegal for everyone. I’ve never heard of a law like this anywhere in the world. (If there are examples I’m unaware of, I’d love to hear about them.) It’s like they’re enshrining in law that everyone in the U.K. who is today a child is forever a child when it comes to tobacco.

Maybe the British are different, but there’s no way this law would work in America. First, I don’t think such a law would ever gain popular traction. But even if it did, it would just create a black market. At least when we banned booze, we banned for everyone.