Tobacco Bill infantilisation – control over choice

FMF Principles_4

This article was first published by BBrief in June/July 2026 Issue (pages 42-43)

A public health upgrade is what they’re calling it. It’s a long overdue modern solution, they say. I understand why that framing works; it sounds reasonable on the surface. Still, the more I think about it, the less convinced I am that this is really about tobacco at all. It feels like something else is being decided here, something broader.: who gets to determine how adults live their lives.

The entire policy leans on an assumption that isn’t always stated directly. The idea is simple enough. People, if left to themselves, won’t make the right choices. They’ll underestimate risks, overindulge, and generally need guidance. Once that idea is accepted, the rest of the policy begins to make sense. It almost builds itself from that starting point.

Take the indoor smoking ban. It is absolute. No designated sections, no exceptions, no room for variation. At first glance, that seems clear and easy to enforce. Then you stop and ask what exactly counts as a public space. Restaurants, bars, offices; these are privately run environments. People invest in them, take risks, and try to build something that attracts a particular kind of customer. Yet the policy treats them as if they are all the same. The result is predictable. Different kinds of spaces disappear as smoking lounges vanish, hybrid environments are eliminated, and any room for experimentation is effectively closed off. Owners cannot tailor their spaces, and customers cannot choose the type of setting they prefer. Everything collapses into a single approved format. It might lead to cleaner air in some cases, but it also narrows the range of options people have.

The policy does not stop indoors. It extends into certain outdoor areas as well. That is where the reasoning becomes harder to follow. In open air, the risk profile changes. Exposure is not the same as it is in enclosed spaces. At that point, it begins to look less like protection and more like an attempt to shape behaviour more broadly.

Vaping is brought under the same rules. Differences between products are ignored. It is easier to regulate one category than several, and that simplicity seems to guide the decision. But convenience is not the same as justification. Adults are still making choices when they use alternatives. Whether those choices are wise or not is a separate question. The policy replaces those decisions with a fixed standard regardless.

Packaging rules push things further. Companies are instructed on how their products must appear and what messages must be displayed. Certain forms of expression are removed entirely. It is not just regulation of the product. It is control over how the product is presented and discussed. One set of messages is required, while others are excluded.

Advertising restrictions follow the same pattern. Displays, promotions, sponsorships, all removed. You can walk into a shop and have little idea of what is available. Sellers cannot easily communicate differences in quality or features. Information itself becomes limited, not just persuasion. It assumes that exposure leads directly to harm, and that limiting visibility is the safest option.

Access points are reduced as well. Vending machines are eliminated. Each restriction is presented as closing a loophole, but these so-called gaps are simply different ways people interact in a market. As more of them are closed, the legal market becomes smaller and less visible.

Demand, however, does not disappear. People do not lose interest simply because access becomes inconvenient; demand shifts direction. It moves into informal channels where oversight is weaker. Products circulate without clear standards or accountability. The activity continues, but it becomes harder to monitor and manage. The policy may reduce visibility, but that does not necessarily mean it reduces the behaviour itself.

There is one aspect that holds up under scrutiny. When someone misrepresents a product or causes harm without consent, there should be consequences. That focuses on actual wrongdoing. It responds to clear violations rather than assumptions.

The broader approach takes a different path. It is built on the idea that potential risk is enough to justify broad restrictions. It does not depend on whether people have agreed to the risks involved. It steps in early and defines the terms from the top. Once that reasoning is accepted, it can extend into other areas without much resistance. There is no clear stopping point built into it.

I find myself returning to a simpler framework. Let businesses decide how they operate. Some allow smoking, others do not. Customers choose based on their preferences. Information flows through reviews, independent testing, and reputation. If harm occurs, there are legal mechanisms to address it.

It is not a perfect system; none is. But it connects responsibility with choice in a way that feels consistent.

What we are seeing instead moves in another direction. Decisions become centralised. Differences between spaces are reduced. Individual choice carries less weight. The question, in the end, is not just about smoking or health outcomes. It is about method. It is about whether people retain meaningful control over their own lives, or whether that control continues to narrow over time.

Share

Fund the FMF

Help the FMF to promote the rule of law, personal liberty, and economic freedom.

For more content like this, Subscribe to the FMF

Daniel Agbake

Econ Bro (@EconBreau and @EconBreau2 on Twitter/X) is a Nigerian Austrolibertarian economist and an apprentice at the Mises Institute. Under the Freedom Institute, he teaches individual liberty, personal responsibility, private property rights, free markets, and sound money to mostly young people across Nigeria. Econ Bro is an Associate of the Free Market Foundation.

View all articles

The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation. This article may be republished without prior consent but with acknowledgement to the author.

RELATED ARTICLES

WATCH OUR LATEST VIDEO

FUND THE FMF

Help the FMF to promote the rule of law, personal liberty, and economic freedom.