The public health ‘nanny state’

Probably the most famous example of nanny state intervention in consumer choices was Mayor Michael Bloomberg's attempt to ban the sale of oversize sugary drinks. After a court overturned the ban, one state legislator introduced a bill that would impose a similar ban on drinks sold to consumers under 18, on the theory that a narrowly tailored bill of this kind would pass constitutional muster. This would probably be the first time anyone had to present an ID to buy a Big Gulp.

The nanny-state fad currently sweeping Massachusetts has to do with the smoking age. As of April 19, 101 Massachusetts cities and towns had laws banning the sale of cigarettes to persons under age 21. Now Massachusetts is poised to become the second state (after Hawaii and right before California) to impose the ban state wide on cigarettes. The attorney general has already issued a rule banning sales of e-cigarettes to minors. Under a bill approved by the state senate, Massachusetts would also forbid pharmacies and health-care institutions from selling tobacco products and extend the ban on indoor smoking to e-cigarettes.