Tag Archives: Unintended Consequences

Do “Indirect Effects” of Regulation Matter to Real People?

Congressional regulatory reformers recently caught criticism from advocacy groups for introducing legislation that would require federal regulatory agencies to analyze the “indirect effects” of proposed regulations. The only thing I’d criticize the reformers for is poor word choice.

The very term “indirect effects” suggests that they’re talking about something theoretical, inconsequential, and unimportant to the average citizen. But to economists, the indirect effects of a regulation are often the effects that touch the average citizen most directly.

Consider airport security, for example. The Department of Homeland Security (DHS) recently sought public comment on its decision to deploy Advanced Imaging Technology scanners instead of metal detectors at airports. The direct costs of this decision are the extra cost of the new machines, the electricity to run them, and the personnel to staff them – which airline passengers pay for via the taxes and fees on airline tickets. Those are pretty obvious costs, and DHS dutifully toted up these costs in its analysis of its proposed rule.

Less obvious but potentially more important are the other, indirect costs associated with airport security. Passengers who decline to walk through the new machines will receive additional pat-downs. This involves a cost in terms of time (which DHS acknowledges) and potentially diminished privacy and human dignity (which DHS does not discuss). The now-classic phrase “Don’t touch my junk” aptly summarizes one passenger’s reaction to an indirect effect of security regulation that touches passengers quite directly.

But that does not exhaust the list of significant, predictable, indirect effects associated with airport security regulation. The increased delays associated with enhanced, post-9/11 security measures prompted some travelers to substitute driving for flying on short trips. An article by Garrick Blalock, Vrinda Kadiyali, and Daniel H. Simon published in the November 2007 Journal of Law & Economics estimates that post-9/11 security measures cost the airline industry $1.1 billion in lost revenue in the fourth quarter of 2002. Driving is also riskier than flying. Blalock et. al. estimated that the security measures were associated with 129 additional highway deaths in the fourth quarter of 2002.

I’m all for making air travel as safe as possible, but I’d like to see it done smartly, with a minimum of hassle and a maximum of respect for the flying public who pays the bills. A full accounting of the indirect effects of airport security might just prompt policymakers to consider whether they are pursuing regulatory goals in the most sensible way possible.

Unfortunately, airport security is not an isolated example. Data from the Mercatus Center’s Regulatory Report Card reveal that for about 40 percent of the major regulations proposed by executive branch agencies between 2008 and 2012, the agencies failed to conduct any substantial analysis of costs that stem from the proposed regulation’s effects on prices or on human behavior – two classic types of indirect effects.

This won’t do. Telling federal agencies they do not need to understand the indirect effects of regulation is telling them they should proceed in willful ignorance of the effects of their decisions on real people. The reformers have a good idea here – even if it has a misleadingly boring name.

Are High Taxes on Smokeless Tobacco Encouraging People to Smoke?

President Obama’s recent budget proposal to pay for pre-school programs by increasing cigarette taxes highlights the confusion both on federal and state levels over taxing tobacco products. A recent Mercatus working paper questions the efficiency and utility of sin taxes in general. But even more fundamentally, tobacco tax policy may fail in its primary goal, which is to reduce the health risks of consuming tobacco.

Since the goal of tobacco taxes is to reduce tobacco’s harms by discouraging its use, the tax rates on various tobacco products should be commensurate with their health risks. If smoking carries four times higher cancer risks than using smokeless tobacco, then the tax rates on cigarettes should be four times higher than taxes on, for example, smokeless tobacco. Yet if cigarettes are taxed at a lower rate than this ratio, the policy may in fact encourage tobacco users to smoke as opposed to using less harmful smokeless tobacco.

A health policy that does not encourage riskier tobacco products should set the ratio of smokeless tobacco and cigarette taxes similar to their health risk ratios. According to a recent review of medical studies, snus (a common type of smokeless tobacco) users face considerably lower oral cancer, gastric cancer and cardiovascular disease risks compared to smokers (see Table 1). In addition, other studies found that, unlike smoking, snus does not lead to lung cancer (the table shows the lung cancer risk for nonsmokers compared to smokers). Importantly, snus users do not expose those around them to second hand smoking, further limiting its negative health impacts. Based on the relative health risks, snus taxes should be considerably lower than cigarette taxes.

Table 1. Comparative Health Risks

Health Risk Risk Ratio (Snus users vs. Smokers)
Oral Cancer 0.43
Gastric Cancer 0.60
Cardiovascular Diseases 0.55
Lung Cancer 0.14

So how do states fare? Table 2 shows the tax rates for cigarettes and smokeless tobacco for select states, which are calculated based on the data are from Tobacco Free Kids campaign (in the source, the tax rates are per ounce of snus and per pack of cigarettes). To make sure that we compare apples to apples, I account for the varying nicotine content in these products. According to a recent study, consuming one gram of snus delivers nicotine content equal to smoking a cigarette. That works out to about a can of snus (typically 1.2 oz) replacing approximately 35 cigarettes (almost two packs). So I convert state taxes to show rates per equivalent nicotine amounts. For simplicity, I focus only on the states that tax smokeless tobacco by ounce. Other states tax smokeless tobacco based on either wholesale or manufacturing prices rather than retail, making calculations trickier.

The relative cancer and cardiovascular disease risks of snus are lower than the risks of smoking, ranging between 0.14 and 0.6 (see Table 1). States with a high snus to cigarette tax ratio are essentially pushing tobacco users towards smoking, which carries higher health risks (coded red in the table). States with a moderate tax ratio are somewhat neutral (coded yellow). Their tax ratio is commensurate with relative health risks for some but not all risk sources. Finally, states with a low tax ratio generally encourage tobacco consumers to use a safer product (coded green).

Table 2. State Tobacco Taxes for Equivalent Nicotine Content

State Snus Tax (gram) Cigarette Tax (cigarette) Tax Ratio (Snus/Cigarette)
Arizona $0.01 $0.10 7.88%
Connecticut $0.04 $0.17 20.75%
Delaware $0.02 $0.08 23.81%
District of Columbia $0.03 $0.13 21.16%
Illinois $0.01 $0.10 10.69%
Iowa $0.04 $0.07 61.73%
Maine $0.07 $0.10 71.25%
Montana $0.03 $0.09 35.27%
Nebraska $0.02 $0.03 48.50%
New Jersey $0.03 $0.14 19.60%
New York $0.07 $0.22 32.44%
North Dakota $0.02 $0.02 96.20%
Oregon $0.06 $0.06 106.42%
Rhode Island $0.04 $0.17 20.39%
Texas $0.04 $0.07 59.54%
Vermont $0.07 $0.13 50.35%
Washington $0.09 $0.15 58.91%
Wyoming $0.02 $0.03 70.55%

Note: snus and cigarette taxes are rounded to nearest cent. The tax ratio is based on actual tax values.

The picture that emerges from the table is that of a confused health policy pursued by the states. Only two states in the list set the snus and cigarette tax rates at the level that does not steer consumer towards riskier tobacco products. Most states set the tax rates at levels that are commensurate with some risks but not the others. Specifically, most states do not account for the fact that snus does not cause lung cancer, which is one of the greatest risks of smoking. Finally, a few states may be steering tobacco users towards cigarettes by setting snus taxes too high (or cigarette taxes too low).

I am not claiming that smokeless tobacco is harmless or that states should promote smokeless tobacco as a substitute for cigarettes. As the National Cancer Institute points out, smokeless tobacco is not a safe alternative to smoking. It still carries increased health risks, including certain types of cancer and cardiovascular diseases. But current policy on tobacco taxes may result in the unintended consequence of pushing tobacco users away from less risky forms of tobacco towards riskier ones.