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Product Warnings, Debiasing, and Free Speech: The Case of Tobacco Regulation

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  • Christine Jolls

Abstract

The Family Smoking Prevention and Tobacco Control Act of 2009 requires the display of graphic health warnings on cigarette advertising and packaging in the United States. Debates over the permissibility of these new mandated health warnings under the unusually broad Free Speech Clause of the United States Constitution have paid insufficient attention to empirical evidence - to be presented in this article - of the warnings' salutary effects in reducing consumers' factual misperceptions about smoking risks. Although such empirical evidence does not, by itself, settle the First Amendment debate, this evidence warrants more attention in that debate than it has received to date.

Suggested Citation

  • Christine Jolls, 2013. "Product Warnings, Debiasing, and Free Speech: The Case of Tobacco Regulation," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 169(1), pages 53-78, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201303)169:1_53:pwdafs_2.0.tx_2-p
    DOI: 10.1628/093245613X660410
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    References listed on IDEAS

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    1. Afriat, Sidney N, 1972. "Efficiency Estimation of Production Function," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 13(3), pages 568-598, October.
    2. Richard H. Thaler & Cass R. Sunstein, 2023. "Libertarian paternalism," Chapters, in: Cass R. Sunstein & Lucia A. Reisch (ed.), Research Handbook on Nudges and Society, chapter 1, pages 10-16, Edward Elgar Publishing.
    3. Shachar Kariv & Dan Silverman, 2013. "An Old Measure of Decision-Making Quality Sheds New Light on Paternalism," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 169(1), pages 29-44, March.
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    Cited by:

    1. Sunstein, Cass R., 2016. "Fifty Shades of Manipulation," Journal of Marketing Behavior, now publishers, vol. 1(3-4), pages 213-244, February.
    2. Alexander J. Wulf & Ognyan Seizov, 2023. "How to improve consumers’ understanding of online legal information: insights from a behavioral experiment," European Journal of Law and Economics, Springer, vol. 56(3), pages 559-584, December.
    3. Dold, Malte, 2015. "Condorcet's jury theorem as a rational justification of soft paternalistic consumer policies," Discussion Paper Series 2015-07, University of Freiburg, Wilfried Guth Endowed Chair for Constitutional Political Economy and Competition Policy.

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    More about this item

    JEL classification:

    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • D18 - Microeconomics - - Household Behavior - - - Consumer Protection
    • D80 - Microeconomics - - Information, Knowledge, and Uncertainty - - - General
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • M37 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Marketing and Advertising - - - Advertising
    • M38 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Marketing and Advertising - - - Government Policy and Regulation

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