Regulating chemicals one-by-one has allowed the tobacco industry to skirt menthol bans by creating new additives with similar effects but unclear safety profilesbanned menthol, a chemical that causes a cooling sensation, as an additive in cigarettes. The idea was partly to helpwith other cooling chemicals in their new “nonmenthol” cigarettes.
Why has this obvious flaw been allowed to persist? First, it isn’t recognized as a flaw. There is a prevailing perspective in the U.S. that chemicals have rights, so to speak. When we move to regulate a chemical, we are putting that compound “on trial.” The evidence against its use generally needs to meet a certain standard of peer review, and the process needs to include public review and comment. Sadly, in the U.S., the chemical regulatory system moves more slowly than the judicial system.
This approach is based on intrinsic molecular properties that contribute to both hazards and functions of different substances. Regulators could use this insight when a new chemical was proposed for commercial use. Innovative companies could benefit by using this knowledge to design molecules or invent substances that are more likely to be safe.
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