Mayor Bloomberg’s New York City health department has come in for repeated criticism in this space and elsewhere for crusading against salty and fattening foods through ad campaigns that manipulate viewer reactions in ways that border on the misleading and deceptive (“What can we get away with?” famously asked one official). They’re at it again. On January 9, Gotham’s for-your-own-good crew unveiled a new ad warning “Portions have grown. So has Type 2 diabetes, which can lead to amputations,” dramatically illustrated with a photo of an obese man with a stump where his leg had been. But as the New York Times reports, city officials “did not let on that the man shown — whose photo came from a company that supplies stock images to advertising firms and others — was not an amputee and may not have had diabetes.” Instead, they just Photoshopped his leg off, which certainly got the effect they were looking for, albeit at the cost of photographic reality. At an agency developing an ad campaign for a private company, someone might have advised adding a little fine print taking note that the picture was of a model and had been altered, lest the manipulation turn into the story itself, or even attract the interest of federal truth-in-advertising regulators. But the Bloomberg crew probably isn’t worried about the latter, given that their constant stream of hectic propaganda is fueled by generous grants from the federal government itself. Such grants also helped enable a contemplated booze crackdown exposed by the New York Post this month—quickly backed off from after a public outcry—that would have sought to reduce the number of establishments selling alcohol in New York City.

While on the topic of nannyism, the Times also reported this week that Penn State researchers found that the fad for banning so-called junk food in schools had no apparent effect: “No matter how the researchers looked at the data, they could find no correlation at all between obesity and attending a school where sweets and salty snacks were available.” Number of “food policy” types quoted in the article admitting “maybe we were wrong”: zero.

When Government Is The False Advertiser, Cont’d is a post from Cato @ Liberty - Cato Institute Blog

Christopher Hitchens, a man of great passions and great talents, perhaps the greatest essayist of our age, has died. Among his lesser-known works was a Cato Institute talk, “Mayor Bloomberg’s Nanny State,” delivered at a seminar in New York City on December 10, 2004.

Ten years before that, in his still-thoroughly-leftist era, he offered us this backhanded compliment in the Nation of December 12, 1994:

During the lunacy of the Reagan period, I was impressed by how often it was the Cato Institute that held the sane meeting or published the thoughtful position paper.

Herewith “Mayor Bloomberg’s Nanny State”:

I often take the train from Washington, D.C., to New York and back. A few years ago they put the smoking car on the end of the train so nonsmokers wouldn’t have to go through it to get to other parts of the train. And then the day came when they said, “We’re taking that car off the train altogether.” And I thought, “Now we’ve crossed a small but important line.” It’s the difference between protecting nonsmokers and state-sponsored behavior modification for smokers.

And I thought there was insufficient alarm at the ease with which that was done. Because state behavior modification, no matter what its object, should be viewed skeptically at the very least. There’s serious danger in the imposition of uniformity—the suggestion that one size must fit all.

When the complete ban on smoking in all public places was enacted in California, I called up the assemblyman who wrote the legislation and I said: “I’ve just discovered that bars are not going to be able to turn themselves into a club for the evening and charge a buck for admission for people who want to have a cigarette. You won’t be able to have a private club. You won’t even be able to have a smoke-easy, if you will, in California.”

And he said, “That’s right.”

I said, “Well, how can you possibly justify that?”

And he said, “Well, it’s to protect the staff. It’s labor protection legislation. We don’t want someone who doesn’t want to smoke, who doesn’t like it, having to work in a smoky bar.”

And I said, “You don’t think that if there were bars that allowed it and bars that forbade it, that, sooner or later people would apply for the jobs they preferred, and it would sort of shake out?”

He replied, “No. We could not make that assumption.”

So we have to postulate the existence, if you will, of a nonexistent person in a nonexistent dilemma: the person who can find only one job, and that job is as barkeep in a smoking bar. This person must be held to exist, though he or she is notional. But everyone who actually does exist must act as if this person is real.

There used to be areas, like the West Village in New York or North Beach in San Francisco, that are now dull and boring and have to be policed. And I think that’s a terrible loss. I write better when I have a cigarette and a drink. I’m more fun to be with—other people seem less boring. The life of bohemia, of the small cafe and the little bar that never quite closes, is essential to cultural production. It may seem like a small thing. It doesn’t add very much to the GNP. But if you take it away, you may not know what you’ve lost until it’s too late.

But suppose all this was really a good idea—people might live longer. Suppose all that was really true. There would still be the question of enforcement, that awkward little bit that comes between your conception of utopia and your arrival there. The enforcement bit. You could appoint regulators and inspectors to enforce the law. It would take quite a lot of them, but you could do it. There are such people. I know about them because they’ve come after me.

My editor, Graydon Carter, the splendid editor of Vanity Fair, and I were having a cigarette in his office. And someone on our staff—it’s not very nice to think about it—was kind enough to drop a dime on us. And round the guys came. “You’re busted!” These people are paid by the city, which evidently has no better use for its police.

I think that’s bad enough. But then Graydon went on holiday, and I went back to Washington. And his office was empty. But they came round again and they issued him another ticket because he had on his desk an object that could have been used as an ashtray. In his absence. With no one smoking. But there are officials who have time enough to come round and do that.

The worst part is that the staff has to become the enforcers. The waitresses have to become the enforcers. The maitre d’ has to become the enforcer. He has to act as the mayor’s representative. Because it’s he who is going to be fined, not you. If you break the law in his bar, he is going to have to pay.

So everyone is made into a snitch. Everyone is made into an enforcer. And everyone is working for the government. And all of this in the name of our health.

Now, I was very depressed by the way that this argument was conducted. There were people who stuck up for the idea that maybe there should be a bit of smoking allowed here and there. But they all said it was a matter of the revenue of the bars and the restaurants. That was the way the New York Times phrased it.

In no forum did I read: “Well, is there a question of liberty involved here at all? Is there a matter of freedom? Is there a matter of taste? Is there a matter of the relationship of citizens to one another?”

And something about it made me worry and makes me worry still. The old slogan of the anarchist left used to be that the problem is not those who have the will to command. They will always be there, and we feel we understand where the authoritarians come from. The problem is the will to obey. The problem is the people who want to be pushed around, the people who want to be taken care of, the people who want to be a part of it all, the people who want to be working for a big protective brother.

RIP Christopher Hitchens is a post from Cato @ Liberty - Cato Institute Blog

Last week First Lady Michelle Obama and the U.S. Department of Agriculture unveiled “ChooseMyPlate.gov,” an updating of the federal government’s ongoing efforts to lecture us on how to eat. While the idea of nutrition recommendations from Washington, D.C. isn’t itself new, the past couple of years have seen a lurch toward a more coercive approach, especially under the Obama administration, under pressure from a burgeoning “food policy” movement, as I explain in a new Daily Caller op-ed:

All sorts of nannyish and coercive ideas are emerging from that [movement] nowadays: proposals at the FDA to limit salt content in processed foods; mandatory calorie labeling, which poses a significant burden on many smaller food vendors and restaurants; new mandates on food served in local schools; advertising bans; and on a local level efforts to ban things like Happy Meals at McDonald’s. No wonder many parents, local officials and skeptics in Congress are beginning to say: Back off, guv. It’s my plate.

The fact is that the federal government’s dietary advice has changed often through the years—the Washington Post had a great feature on past federal dietary guidelines, under which sweets and even butter held their place as food groups—and that government’s recommendations have regularly proved wrong and even damaging, a point that Steve Malanga elaborates on in this City Journal piece (“Following the government’s nutritional advice can make you fat and sick.”)

Yesterday, C-SPAN’s Washington Journal had me on opposite Maya Rockeymoore of the group Leadership for Healthy Communities to discuss issues that ranged from the school lunch program to whether Washington should serve as an “arbiter” of contending dietary claims, an idea I didn’t much care for. You can watch here.

Don’t Tread on My Plate is a post from Cato @ Liberty - Cato Institute Blog

This morning’s question at Politico Arena is:

The New York Times reports that despite two decades of public health initiatives Americans still aren’t eating enough vegetables. Healthy eating is a priority of First Lady Michelle Obama. Should those of us with less than Olympic-calibre physiques heed the first lady’s dietary advice? Does this smack of Big Brother — or more precisely Big Sister — wading into personal decisions? Could voluntary preferences on food issues morph into government mandates?

Of all the “Washington elites” they surveyed, I was almost the only one to express skepticism about the First Lady’s and the New York Times‘s expectations for the rest of us:

I was struck by that New York Times article on Saturday. The headline is “Told to Eat Its Vegetables, America Orders Fries.” We Americans are just a constant trial to our elites. We cling not only to our religion and our guns but to our French fries. The government has TOLD us to eat vegetables, and yet we persist in eating tasty food. Soon we may be sent to our rooms without supper.

And then the reporter wrote, in this news story, “Despite two decades of public health initiatives, stricter government dietary guidelines, record growth of farmers’ markets and the ease of products like salad in a bag, Americans still aren’t eating enough vegetables.” America to the New York Times reporting staff: We’ll decide the proper tradeoff between taste, price, nutrition and so on. “Enough vegetables” is a subjective decision, not a fact.

More fundamentally, Why is it any of the federal government’s business how fit we are? We don’t need a national nanny.

The federal government has an important role in our society. Its primary function is national security, and it hasn’t been doing a very good job. It should focus on that.

Americans know that first they say you “should,” and the next thing you know they want to make it mandatory. Already people are talking about taxing junk food. And they’re filing suit against fast-food companies.

We teach our kids to take responsibility for themselves and to Mind Your Own Business — the government should take that advice.

A lot of this is old-fashioned American Puritanism — the idea that anything you enjoy is bad for you– so they tell us don’t smoke, don’t drink, don’t eat, recycle, practice safe sex, ride that bicycle.

A subversive page editor at the New York Times inserted a pull quote (in the print edition) reading “Besides, the taste, trouble and cost, what’s the problem?” Exactly. We Americans are sorry for being such a disappointment to the first lady and the New York Times. But not that sorry.

Eat Your Vegetables — If You Want To is a post from Cato @ Liberty - Cato Institute Blog

What can I say about San Francisco’s ban on vending machines for sugared soft drinks on city property?

I could say that a twelve ounce can of Coca-Cola has fewer calories than twelve ounces of whole milk, because it does — 140 to 216.

I could say that you’ll be even fatter if you substitute whole milk for Coke, ounce for ounce, because you will be.

I could say that the extra nutrients in milk don’t do anything to make it less fattening, because they don’t.

I could say that 12 ounces of soy milk has 198 calories, which is still well above Coke’s 140.

I could even say that switching to skim milk doesn’t help you all that much — if you do the math, you’ll find that there are 124.5 calories in 12oz of skim milk, compared, again, to 140 for Coke.

I could also point out that a tall Starbucks Frappuccino — also 12 ounces, and not covered by the ban — has 190 calories, largely from sugar and fat.

I could ask: Does anyone ever order a plain Frappuccino? A tall mocha Frappuccino has 220 calories.

Finally, I could point out that banning vending-machine drinks while leaving Starbucks untouched is a pretty rank example of class privilege at work — my indulgences are sophisticated and upper-class, while yours are vulgar and prole.

And, I imagine I hardly need to make the case that this ban is the thin end of a wedge, and that comprehensive regulation of sugar, fat, and salt is on the way.

But really, it’s a lot simpler than that. What I should say is that your body is yours. Liberals themselves would tell you just the same in many other contexts. It’s yours to do with as you see fit. It’s yours to use, and it’s yours to use up, as Dan Savage once put it. (Can bans on risky sex be far behind?)

Part of being free is being free to make bad choices, to take risks, and to bear the consequences. Part of being free is that you, personally, may decide what you eat or drink. It’s a liberty so elementary that our founders never even imagined that it would need protection, but today, it does. (These same founders also rioted when the British taxed their tea. Which I’m sure Parliament only did for their own good anyway.)

To be sure, there are many costs associated with socialized health care, and some of the choices we make will certainly raise those costs. That’s one big reason why the nanny state is suddenly in the food business. But if we absolutely must have socialized health care — a point I don’t for a moment concede — then I’d prefer to pay a little bit extra and keep all my other liberties, thanks.

The Calorie Police is a post from Cato @ Liberty - Cato Institute Blog

The goal of a new Chinese government campaign is to “eradicate all social evils” and “advocate a healthy, civilized and high-minded lifestyle,” according to the Washington Post. Some elements of the state just don’t like the way the Chinese people are using their newfound freedom.

On a different level, we face the same arguments here in the United States. Both the Hillarys and the Huckabees in our world seek to fight “social evils” and lead us to “a healthy, civilized and high-minded lifestyle.” The Huckabees focus on our souls, urging the government to stamp out sin and push us to do God’s will (as they see it). The Hillarys often focus on our bodies, with campaigns against smoking, popcorn, sodas, salt, and all manner of “unhealthy lifestyles.” Then again, the Hillarys do want to save our souls, as well, with campaigns to eradicate racism and sexism and spread the environmentalist gospel.

In China, economic freedom is giving people an opportunity to throw off old social rules and restrictions and to experiment with living their lives as they choose. Economic freedom has the same impact here, and in both countries there are powerful people who don’t like the choices free people make.

Eradicating Social Evils is a post from Cato @ Liberty - Cato Institute Blog

No, that’s not the name of a new TV series. We should be so lucky.

It’s actually a good description of the government’s approach to tobacco.

Instead of letting adults make up their own minds about costs and benefits of risky choices (which includes most things in life, such as crossing a street and eating a cheeseburger), nanny-state officials have decided to investigate menthol-flavored cigarettes. And since the Food and Drug Administration has been given authority over the tobacco industry and since the FDA’s supposed purpose is to ensure drugs are “safe and effective,” that almost certainly means this latest campaign will lead to either further restrictions on free speech or outright bans.

Here’s a blurb from the Wall Street Journal:

Congress last year added the tobacco industry to the FDA’s regulatory mix and today a panel of health experts making up the agency’s new Tobacco Products Scientific Advisory Committee is kicking off a two-day meeting. First on the agenda: how menthol flavoring in cigarettes affects smokers’ habits. Small wonder that menthol is getting early attention, says the New York Times, which notes menthol butts account for almost a third of the $70 billion U.S. cigarette market.

After more meetings, the advisory panel will send recommendations to the FDA, which could eventually decide to ban menthol products or take steps to curtail their marketing.

One can only wonder how far down the slope we will slide. There already are attacks against fatty foods and sugary soft drinks. Both provide pleasure to many people, but that no longer means much in Washington. Will regulators, either at the FDA or elsewhere, eventually decide that anything linked to obesity must be regulated and/or taxed?

And now that government is going to pick up the tab for an even larger share of health costs, how long before the politicians use obesity-related costs as a major justification for further efforts to control our private lives? Maybe some day we will have a Federal Health Police to enforce daily exercise mandates? I better stop now before I give them any ideas.

When Regulators Attack is a post from Cato @ Liberty - Cato Institute Blog

A previous post by David Boaz poked fun at bureaucrats in Michigan for threatening a woman for the ostensible crime of keeping an eye on her neighbors’ kids without a government permit. English bureaucrats are equally clueless, badgering two women who take turns caring for each other’s kids. The common theme, of course, is that bureaucrats lack common sense — but the real lesson is that this is the inevitable consequence of government intervention (especially when politicians say they are “doing it for the children). The BBC reports:

England’s Children’s Minister wants a review of the case of two police officers told they were breaking the law, caring for each other’s children.

Ofsted said the arrangement contravened the Childcare Act because it lasted for longer than two hours a day, and constituted receiving “a reward”.

It said the women would have to be registered as childminders.

…Ms Shepherd, who serves with Thames Valley Police, recalled: “A lady came to the front door and she identified herself as being from Ofsted. She said a complaint had been made that I was illegally childminding.

“I was just shocked – I thought they were a bit confused about the arrangement between us. So I invited her in and told her situation – the arrangement between Lucy and I – and I was shocked when she told me I was breaking the law.”

…Minister for Children, Schools and Families Vernon Coaker insisted the Childcare Act 2006 was in place “to ensure the safety and wellbeing of all children”.

Nanny State Doesn’t Like Competition – the English Version is a post from Cato @ Liberty - Cato Institute Blog

Appearing on the “Glenn Beck Program” with ABC’s John Stossel, Cato H.L. Mencken research fellow Penn Jillete discusses his views on health care reform, the nanny state, Canada and more.

Penn Jillette on Health Care Reform is a post from Cato @ Liberty - Cato Institute Blog

President Obama has appointed New York City health commissioner Thomas Frieden to head the Centers for Disease Control. Public health is an important issue, but as Jacob Sullum points out at Reason, Frieden has a weak grasp of what’s “public” in the world of health:

Frieden, an infectious disease specialist who is known mainly as an enthusiastic advocate of New York’s strict smoking ban, heavy cigarette taxes, trans fat ban, and mandatory calorie counts on restaurant menu boards, embodies the CDC’s shift from illnesses caused by microbes to illnesses caused by lifestyle choices. “Dr. Frieden is an expert in preparedness and response to health emergencies,” Obama said today, ”and has been at the forefront of the fight against heart disease, cancer and obesity, infectious diseases such as tuberculosis and AIDS, and in the establishment of electronic health records.” Some of these things are not like the others. When it comes to justifying the use of force, there is a crucial difference between health risks imposed by others (such as bioterrorists or TB carriers) and health risks that people voluntarily assume (by smoking or overeating, for example). In the former case, even those who believe that government should be limited to protecting individual rights can see a strong argument for intervention; in the latter case, intervention can be justified only on paternalistic or collectivist grounds. Frieden either does not recognize or does not care about this distinction.

Frieden told the Financial Times in 2006 that “when anyone dies at an early age from a preventable cause in New York City, it’s my fault.” That’s a breathtaking vision of the scope and power of government. If you eat butter or salt, or smoke, or climb mountains, or ride a motorcycle, or bungee-jump, or run with the bulls in Pamplona, Dr. Frieden feels that he and the government are personally responsible. This isn’t paternalism; your parents usually let you make your own decisions along about the age of 18. And it isn’t fair to nannies to call it “nanny state” regulation: after all, nannies are paid to take care of children until they can care for themselves; they don’t barge into your home or your bar or your restaurant uninvited, issuing orders to adults. Maybe the right term is food fascism, for the attempt to use force to tell adults what they can and can’t eat, smoke, or purchase.

More on the distinction between public health problems and health problems that are merely widespread here.

And more about Obama’s appointment of “a bunch of statist ideologues who have been waiting years or decades for an election and a crisis that would allow them to fasten on American society their own plan for how energy, transportation, health care, education, and the economy should work” here.

Obama’s Unerring Instinct for Aides with Authoritarian Instincts is a post from Cato @ Liberty - Cato Institute Blog

Government is busy trying to protect us from ourselves.  It tosses nearly a million people in jail every year for marijuana offenses.  City councils, state legislators, and Congress all add ever more restrictions on cigarette smoking.  Legislators demand action to stop steroid use by athletes.  And the Senate Finance Committee is considering a “fat tax” on sugared drinks.

This isn’t the first time legislators have considered trying to squeeze a little money out of us while micro-managing our lives.  Editorializes the Boston Herald:

Earlier this year Gov. Deval Patrick proposed a 5 percent tax (more if the sales tax is raised) on sweetened drinks and candy bars under the pretext of battling obesity (while thinning out our wallets). Happily we haven’t heard much about it lately. But yesterday on Capitol Hill the Senate Finance Committee heard testimony about helping to fund President Barack Obama’s massive health care expansion in part with a similar tax.

The Congressional Budget Office estimates that a 3-cent tax per 12-ounce sweetened drink – including sports drinks and iced teas – would bring in $24 billion over four years.

“Soda is one of the most harmful products in the food supply,” said Michael Jacobson, head of the Center for Science in the Public Interest, which gives you some idea of the mindset here. Jacobson would also like to raise taxes on alcoholic beverages.

If the American people don’t start saying no, there won’t be much liberty left to preserve.

Drop the Soda, or Else! is a post from Cato @ Liberty - Cato Institute Blog

Limited government and individual liberty are under such a sustained attack today that it’s easy to miss some of the small but truly nefarious assaults on the most basic freedom to be left alone.  After all, when the federal government seems determined to socialize much of the economy and control the rest of it, who cares about some local nanny-state restrictions?

Yet the willingness to override individual liberty in seemingly “small” matters reflects the same statist philosophy behind large assaults on the free society.  It’s important to fight the battles, both small and large.

One of the latest political fads is setting public dress standards.  Writes Greg Beato for Reason online:

What else is the law but a metaphorical belt designed to uphold proprietary and keep us from exposing our inherent baseness to each other? This, at least, is what an epidemic of legislative tailors seem to believe: Each month brings news of the latest effort to crack down on saggy pants. In December, the Jasper County Council in South Carolina passed an ordinance making it illegal to wear your britches three inches below your hips and expose your underwear—or worse—to innocent bystanders. In January, South Carolina State Senator Robert Ford introduced a bill that would make saggy pants a crime throughout the entire state. Earlier this month, Joe Towns, Jr., a state representative from Tennessee, took up the call against the surprisingly long-lived fashion crime, which started in the early 1990s and continues to be popular despite—or perhaps because of—repeated efforts to criminalize it over the years.

Sag-bashers object to the style on more than just aesthetic grounds. A hallmark of hip-hop culture, saggy pants are considered an homage to prison garb, where belts aren’t allowed because of their potential utility as noose or weapon. To wear saggy pants, critics maintain, is to reject authority, embrace criminality, and visually assault the world with the garish plaids and bold patterns of fashion boxers. Also, critics assert, saggy pants make it easy to conceal knives and guns within their droopy, voluminous folds.

The ascension of President Obama may be one reason for the surge of anti-sagging evangelism in recent months. “You know, some people might not want to see your underwear—I’m one of them,” he exclaimed during a November 2008 interview with MTV. But while Obama made it clear he wasn’t interested in trying to criminalize the style, calling laws against pants-sagging as “a waste of time,” politicians like Robert Ford and Joe Towns, Jr., apparently don’t watch much MTV; the former even presented his anti-sagging legislation as a kind of tribute to the new president. “You’ve got an African-American president,” he told the Associated Press. “You don’t have to emulate prisoners no more. You can emulate somebody like Barack Obama.”

According to the Associated Press, Ford doesn’t believe his bill will pass—apparently he “just wants a spirited discussion” on the taxpayer’s dime. And even in cases where such political theater blossoms into genuine law, it often remains, well, political theater. In Delcambre, Louisiana, for example, saggy pants have been punishable by a fine of up to $500 and six months in jail since June 2007. When I called Delcambre’s mayor, Carol Broussard, to ask him how many people the town has cited for that offense since the ordinance went into effect, he said he didn’t believe any had. “There have been some warnings, though,” he offered.

Even if enforcement is rare, however, the number of places in America where, say, Britney Spears and Paris Hilton might end up with lifetime sentences just for walking down the street is somewhat alarming. Along with Jasper County and Delcambre, Lynnwood, Illinois, Mansfield, Lousiana, and who knows how many other municipalities now have specific ordinances that make it illegal to expose anything more than a three-inch swath of underwear. In addition, as Radley Balko has documented at Reason, zero-tolerance vigilantes like Flint, Michigan police chief David Dicks and Jackson, Mississippi mayor Frank Melton seem more inclined to follow the strong arm tactics of the Queer Eye for the Straight Guy-style bullies than our Founding Fathers when it comes to making over their fellow citizens. “I certainly respect the Constitution, but we have some issues that are much bigger than the Constitution,” the mayor declared, as he announced his intention to issue an executive order against saggy pants even after the Jackson city council voted against such a measure on the grounds that it was unconstitutional.

Yes, some things “are much bigger than the Constitution.”  That’s certainly the conventional wisdom in Washington, D.C.!

I’ll admit that I just don’t understand the style of wearing one’s pants nearly down to one’s thighs, and I’d prefer not to see some young person’s underwear.  It’s an obvious issue for parental dictates as well as social pressure.  But should the government be prepared to prosecute — after all, that’s what the law is all about — people with low-riding pants?  The fact that these measures are considered seriously demonstrates how far we have fallen away from the ideal of a limited government committed to protecting individual liberty.

Threats to a Free Society, Small and Large is a post from Cato @ Liberty - Cato Institute Blog