Originally posted by: glutenberg
Bobberfett, you argue that you should be able to do anything as long as it affects only yourself as it is your personal choice so why should businesses be allowed to use trans fats since it obviously affects the consumers?
Trans fats does indeed affect customers, but only through their personal choice to eat those foods. Nobody was coerced into eating greasy fried chicken. If KFC is forced through market pressure due to falling profits because people are avoiding trans fats, then good for the consumer.
Personal responsibility is great but where is the responsibility of businesses? Are businesses not run by people? Where are these peoples' personal responsibilities?
If consumers don't care what they eat, why should KFC? Essentially what the citizens of New York are saying is that they're too lazy to change themselves, so they're going to force somebody else to change to accommodate them. Yes, businesses are run by people, people who do bear responsibility. They bear the responsibility of providing the product for which the other party has paid. If a business claims to sell chicken with no trans fat and they're lying, then they have failed to fulfill their responsibility. As long as they aren't misrepresenting their product then the customer has gotten what they want. That's where labeling comes in but I'll get to that later. (On a side note, some may consider commercials with healthy looking people gobbling up fast food misrepresentation, but that's a whole separate issue)
Obviously they're using trans fats not as a method of taste or enhancement but merely for cost purposes. Is cutting cost more important than general public well-being?
Obviously cost is important, but again that's not the sole fault of the business. Customers demand cheap goods. There are countless restaurants which serve hamburgers in this country, but look at which ones are the most successful. The ones with the cheapest goods.
Can restaurants start using carcinogenic ingredients on a widescale basis and avoid regulation just because it's the person's individual responsibility to always be informed and to always make the correct choice.
I'm sure a lot of people hate me for it, but I think cancer sticks... errr cigarettes should be 100% legal to sell. And if people wanted to eat at a restaurant which served charred black steaks and allowed smoking they should be able to. Again, this is dependent on truth in labeling. If people know what's in cigarettes and still choose to use them, they have accepted the transaction with full knowledge. On that fact, I do think the tobacco companies were guilty of not fully disclosing what was in their product. However their responsibility in my eyes is still capped at 50%. Maybe slightly higher due to their non-disclosure of facts. Still, the attorney general has been telling Americans for 40 years that cigarettes are harmful. If people chose to ignore those warnings, they accepted that transaction with the knowledge that they were and have to accept some blame.
In the world that we live in with conflicting scientific data being consistently rolled out, how are we to expect the individual person to be able to make an informed choice?
That just flat out confuses me. You say that people can't be expected to stay up to date in a world with constantly changing scientific data, but yet have no qualms passing laws based on that same unstable information. If the information isn't reliable or stable enough to expect people to know about and make an informed decision, how can we expect the other party in the transaction - the business (run by people) - to abide by laws based on unstable, unreliable information?
The idea that economics will always correct itself works well on paper but is out of touch with reality. Free market economies are based on perfect situations where people aren't trying to pass off costs to each other with any means possible. Supply and demand only works when supply can't be artificially inflated by lobbying. You can claim that people need to fix the system but we all know that it won't happen.
Lobbying? That's a problem with government being too big and controlling, not a problem with the free market. As for passing costs off, that's the externalities that
halik was referring to earlier. Those externalities are eliminated when both sides of a transaction understand what is being traded, which I'll go into now.
Edited: Regarding your statement about having accurate labelling on menus at restaurants, wouldn't that just create a different sunk cost for these restaurants? The cost is now printing highly detailed menus versus reworking recipes. I'm just trying to get a better understanding of your viewpoint as it intrigues me. Thanks.
A free market is only as stable as the trust it's built on. Whether it's a barter system or a monetary system, both sides need to know that what they're receiving is what they expected from the transaction. If I buy a computer at Best Buy that says Intel Inside, and I get home and open it up and it's got a Via chip, I was defrauded and should rightly expect my money back. If when I buy a computer on eBay which only has the description 'Computer' and nothing else, I receive it and it's identical to the one I bought at Best Buy right down to the Via chip, was I defrauded? No! Even though I received the exact same product from both sources, one was presented as being something it was not, while the other was exactly what was advertised. The same holds true for food. If you buy food without knowing what's in it, caveat emptor. Having a restaurant list all ingredients in their products is no different than listing the features of a computer, car, or home. If the business selling the food gives you a complete list of the ingredients and you still buy food containing trans fats with full knowledge of it's presence, then you have accepted that part of the transaction and along with it the externalities (passing of costs) it includes.
In a transaction where both parties to are aware of those externalities, both have agreed to those externalities as a part of the transaction. If you go to a fast food restaurant, they sell you their food knowing that there is a good possibility you're going to throw the garbage away in their establishment. It's an externality, but it's expected and built into the price. The restaurant has to pay for their garbage removal. The garbage company has to dump the garbage somewhere, and whatever city has allowed the dump has charged the garbage company money which covers the externalities of their dumping garbage in a pit, namely the environmental impact. If any link in that chain fails to understand and appropriately evaluate the conditions under which they're making a trade, that's not the fault of anybody else in the chain. If the city didn't charge the garbage company for dumping their waste, but instead gave them free reign to dump, is it the responsibility of the customers who purchased food to clean up the mess after the garbage stew seeps into the groundwater? No, the customer fulfilled their end of the transaction by paying more for the burger to facilitate waste disposal. The restaurant fulfilled their externality by paying for waste removal. It was the city who failed to take into account the fact that garbage is nasty business. They should probably rework the garbage contract when it's up. In the opposite direction when a customer buys that greasy food, assuming the restaurant informed them of the fat content of their food and didn't commit fraud, then the customer is accepting with full knowledge the externalities of their choice. When their insurance premiums go up because they have clogged arteries, they have nobody to blame but themselves.
That leads us back to the packaging. I don't see the printing of detailed menus as just a "different sunk cost", instead I see it as a valuable part of the transaction. The packaging on a computer box listing the features isn't just a sunk cost, it's what gives the buyer confidence in the transaction. It's the difference between buying a box that says 'Computer' and one that says 'Intel Inside'. In the case of food, I actually wouldn't have a problem mandating all food be properly labeled. With a typical consumer product, it's fairly easy for the buyer to inspect the product and see what it's made of. Intel, yep, Nvidia, yep, 1GB memory, yep. Food can't be inspected easily, and so to create a stable market built on trust, it's even more important to list what the product contains. If I see a hamburger joint has 'Up to 1% animal feces' listed in the ingredients, I may choose to go across the street to the place that's more expensive, but leaves out the rat droppings. If I do choose to eat the cheaper poopburger, and I get sick that night, I have nobody to blame but myself. At that point the consumer has a reliable scale with which to weigh their choices.
Finally... (I'm sure you'll all be glad to know this post is almost over) Lots of people seem to think that libertarianism is anarchy. Some people seem to think it's pro-corporation. In reality, neither of those is even remotely true. A libertarian (should) realize the truth stated above, that free markets will collapse without confidence in the system. That's why a libertarian system will not tolerate fraud, which would be punishable and/or actionable. If you falsely represent your product and it causes harm, you will be sued and/or prosecuted depending on the severity of your negligence. In addition a libertarian system protects individuals from coercion, as that's the heart of the libertarian philosophy. Without coercion, it can then be presumed that all transactions are entered into with agreement on both sides, and that as long as both sides were honest in the representation of their offer, both sides have gotten exactly what they bargained for.
* Note - This post was written over the course of about an hour, with numerous interruptions, and I haven't slept since yesterday afternoon. Please excuse poor grammar, spelling, etc. and I hope it's at least somewhat clear. I'll be back tomorrow to continue the debate/respond to flames.