Smoking rates for youth and adults in the United States are the lowest on record — but if you follow tobacco news, you’d never guess it. Government bureaucrats from the local to the federal level have tried to jump into this hot-button issue, but the report of never-before-seen smoking rates begs the question of whether these government officials should even be intervening.

Never mind that the smoking rate among youths is at an all-time low, many local and state governments have banned the sale of flavored tobacco products in a supposed attempt to further curtail smoking rates, particularly among young adults and teenagers. The Biden administration tried to join in on the fun but backed down from the fight after it became clear a national ban on tobacco products would prove disastrous for Kamala Harris’ presidential election bid.

Not only are these bans unpopular with voters, they don’t work!

In an attempt to target youth smoking, several states have implemented bans on flavored tobacco products. The nation’s capital implemented its own District-wide flavor ban in 2022, with Mayor Muriel Bowser noting that “reducing the use of tobacco is a health equity issue.” With the rise in popularity of flavored tobacco bans, one must ask whether these policy changes could be behind the lowering of smoking rates? After looking at the facts, it’s not likely.

Following the implementation of the District of Columbia’s flavored tobacco ban, researchers surveyed trash cans throughout the city to determine what types of tobacco products residents were using. The study found that 99 percent of the 7,000 products surveyed were flavored tobacco products — despite these products no longer being able to be legally sold in the District. Consumers found a way to purchase these illicit products despite the prohibition. If you enter any corner store in D.C., you’ll quickly figure out where Washingtonians are getting their goods.

Instead of taking flavored tobacco products out of the hands of consumers, the D.C. government pushed the products into the black market, where they could no longer garner excise taxes to fund the city. From 2011 to 2023, cigarette excise tax revenues have declined 79 percent in the nation’s capital. If these products were to have stayed in the legal market where they belong, taxpaying Washingtonians would be better off.

Despite disastrous results, Washington hasn’t given up on its tobacco crusade. The D.C. government is fining the manufacturers of Zyn, a popular nicotine pouch company, $1.2 million for violating the city’s ban on flavored tobacco products by allowing Washingtonians to purchase their product online through the company’s website. Nicotine pouch products are the safest way to consume nicotine because there is no instance of combustion or inhalation that is associated with smoking and vaping, and eventually lead to serious health complications like cancer.

One year ago, the World Health Organization boldly published that global tobacco use was in decline “despite tobacco industry efforts to jeopardize progress.” At least in the case of the United States, it is not the tobacco industry that is disrupting the decline of smoking rates — it is the poor policies of our government. WHO advocates for “countries to accelerate efforts for tobacco control,” yet these are the policies that push consumers into the more dangerous black market and keep users from legally purchasing safer nicotine and tobacco products.

The leaders of the United States should know from the country’s history that prohibition does not work. Consumers need choice and access to safe and regulated products. It is not the duty of the government to make lifestyle choices for competent adults.