As my Engage the Spectrum colleague Kenneth Chandler recently explained to me, the prevailing concept of the best-seller, “Nudge: Improving Decisions About Health, Wealth, and Happiness,” is that given the option, an entity (be it an individual, a company, a government, etc.) should default to the best available choice. The idea being that it is more effective to “nudge” people in the direction of superior choices rather than to prohibit poorer ones.
This notion crept into my thought process as I read about California becoming the first state to pass a statewide trans fat ban. I think I should preface this piece by noting that I’m a bit of a health-food enthusiast. I’m no authority on the subject; however, I do tend to favor the omega-3s and the whole grains to the saturated and deep-fried. With that in mind, trans fats scare the hell out of me. And that’s not a dramatic exaggeration.
For any readers who are unaware, in a very brief summation trans fats are saturated fats to which hydrogen atoms have been added artificially. This process, called partial hydrogenation, increases the shelf life of foods produced with trans fats and decreases the shelf life of the people who consume them. Unlike other fats, even the often-maligned saturated fats, trans fats serve no dietary purposes and are singularly detrimental to a person’s health. By raising LDL or “bad” cholesterol and lowering HDL or “good” cholesterol, trans fat consumption significantly elevates the risk of developing coronary heart disease.
Ever since I first read about the substantial negative consequences of their consumption, I developed a severe case of trans fat-phobia. I have since avoided them at all costs and, in borderline militant fashion, encouraged friends and family to do the same. In my utopia, trans fats simply would not exist. However, as I keep getting delayed, I haven’t had the chance to set that up yet (it’s really quite frustrating). Therefore, I have to grudgingly co-exist on this planet with the partially hydrogenated creatures of doom.
By now you have gathered that I utterly detest trans fats. However, and this will probably come as a surprise following such a zealous diatribe, I do not support a ban on their usage. Rather, I believe that the best way to confront the serious health implications of trans fat consumption is through strict regulation. All producers of packaged foods containing trans fats should be required to clearly indicate that fact – no matter the amount. Current regulations do not require that trans fat content be listed if the amount is less than 0.5 grams per serving. However, seeing as most Americans (myself included) rarely constrain themselves to a single serving of anything, this is a loophole that should be closed. Due to the uniquely deleterious nature of trans fats, producers should also be required to include a health advisory notification on each package, à la the Surgeon General’s Warning found on alcohol and tobacco products, explaining the serious health implications of consuming trans fats.
Additionally, all establishments serving items that include trans fats should be required to blatantly disclose that fact throughout their restaurants and on their menus. If at that point a consumer still wishes to risk their existence by devouring such perilous provisions, they should have the right to do so.
Many commentators lament that with the increasing scrutiny aimed at trans fats, unhealthy food is becoming the “new tobacco.” At first glance the two products appear to be facing similar challenges: health advocates pushing for greater government regulation on what is seen as a personal choice of consumption. However, I do not believe that trans fats and tobacco are on a perfectly parallel path, and neither should they be. In fact, I am an ardent supporter of public smoking bans and have supported and worked on legislative proposals to institute such a ban in my former home state of Virginia (so far to no avail, unfortunately).
The reason for my divergence on the two bans is really quite simple. Smoking in public has well documented negative consequences on the health of not only the willing smoker, but others in the vicinity as well. Whether they choose to or not, they are subjected to the extremely harmful effects of second-hand smoke. In comparison, as detrimental as trans fats are to the health of the willing consumer, they bear no direct consequence on the health of those nearby.
Significant and continuous efforts should be made to educate the public on the severe health risks associated with the consumption of trans fats and strict regulations must be established requiring that both restaurants and food producers make any existence of trans fats in their products undeniably conspicuous. Beyond the reach of these measures, as it should be, is the personal choice that each of us must make when making our dietary decisions. As I previously mentioned, in my utopia, trans fats would never have been developed. I really need to get on that.
From the treacherous trans fats, let us make the jump to the clearly related issue of voter registration reform. A recent editorial in The New York Times outlined the myriad problems associated with the current voting process and the entailing disenfranchisement of so many potential voters.
The civic books say that any eligible voter who registers in time can cast a ballot on Election Day. The reality is not so simple. People file registration forms that are not properly processed, or their names are wrongly purged from the voter rolls. They are required to present photo ID even when the law does not require it. They arrive at polling places and find machines that do not work properly or lines that take hours to get through. The New York Times, August 8, 2008
The “Nudge” inspired concept of defaulting to the best choice would clearly be useful in reforming the faulty voter registration process. If the improper filing of registration forms is one of the most prohibitive barriers to greater voter participation, why not institute policies that work to reduce, with a goal of eventually eliminating, that barrier? 
One of those policies is automatic registration. Instead of requiring eligible voters to register, upon becoming eligible (either by age, by attaining citizenship, etc.), a person should be automatically registered to vote. After being automatically registered, the individual should receive a new voter information packet that includes essential information such as their specific voting location and any necessary form(s) of identification they will be required to present in order to vote (based on their state’s particular requirements). If for some reason an individual wishes to un-register, they should have the right to do so; however, the process should be opt-out by default, as opposed to the current policy requiring eligible individuals to opt-in.
Removing this hurdle could have a significant impact on the current political landscape by enabling increased participation among all Americans, but especially among minorities and young people (ages 18-24) of all races. According to figures released by the United States Census Bureau, the percentage of eligible voters who are not registered to vote in these two groups is considerably higher than the percentage of eligible, non-registered whites. Specifically, the percentage of non-registered eligible voters by group is:
All Americans: 32 percent
Whites: 29 percent
African-Americans: 39 percent
Hispanics: 46 percent
18-24 year olds (of all races): 54 percent
Of course, these figures are the primary reason why many conservative politicians argue vehemently against policies that would expand the electorate. For their own political futures, they see no reason to support (and every reason to fight) increasing the ranks of registered voters, seeing as many of these new voters would come from segments of the population that very rarely support conservatives.
As Michael Slater, Director of Project Vote, a non-partisan voter-assistance and participation organization told In These Times, “For many years, candidates…tended to compete for people who are already in the electorate, rather than expanding the electorate. They thought of a slice of the pie rather than trying to grow the pie.”
As is the case in every election cycle, a host of problems will occur during this year’s elections. Ideally, removing a major impediment to participation would minimize such ramifications. By no means does automatic registration serve as a solution to the entirety of these problems; however, it is one proactive mechanism to encourage expanded voter participation in this country.
So, this is (finally) the conclusion of my “Nudge”-inspired thoughts on gratuitous trans fats bans and the necessity of automatic voter registration. Thanks to those of you who stuck with me for the entire 1,500 or so words. I guess I really should get around to reading this book that so many people are talking about. It’s on my list, I promise. Maybe I just need a little nudge.








3 comments
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August 25, 2008 at 8:15 pm
Kenneth
I think you assert the principle of “Nudge” well, although I think you side-step it in practice some, by saying you’d go so far as to “strictly-regulate” trans-fat. You said yourself, that you wouldn’t outright ban such a substance. I just think you have to be careful so as to not get caught in the fine-line between ban and strictly-regulate. But you go on to suggest decent nudge like principles (labeling) that illustrate the point well, so it may just be a question of semantics.
That said, do you not put yourself in a bit of a quandary by asserting that trans-fat and smoking in public are NOT parallel. Consider – can one now argue that you shouldn’t regulate trans-fat because it does not affect anyone else like public smoking does. If an activity does not hurt anyone else should we implement as high a duty on the bureaucrat to regulate it? Preemptively, my answer is yes, but with more subtle regulation; hence the nudge/push principle. Again, warning labels and possible health risks of ingestion would suffice. You do go on to suggest this, so maybe we just disagree, again in name rather than practice. That said, one must acknowledge as part of the nudge principle, the idea of framing – if we label things as “more informed choices” rather than “strict-ban” (although, they effectively mean the same thing under our nomenclature) then you may achieve your desired effect – trans-fat phobia – more effectively.
I think the automatic voter registration makes a lot of sense because it definitely retains individual choice. The person wouldn’t even have to un-register as you suggest, but could just not vote if he/she were uninspired!
Nudge pop-quiz re: “I guess I really should get around to reading this book…”
Should I, Kenneth, as the rightful owner of said book:
a. Leave on Lewis’s desk open to page one with an assignment to do a book report on it in two weeks or else…(still coming up with or else “what”? — I dont have that much leverage, heh)
b. Leave on my bookshelf encumbered by 100+ other books of varying degrees of entertainment value and intellectual growth opportunities without really ever discussing the books.
c. Continue to discuss the finer points of the book and leave on the shelf next to Bill O’Reilly’s Who’s Looking Out for You? (clearly, the saturated and deep-fried fat of books).
August 25, 2008 at 9:04 pm
Lewis
“That said, do you not put yourself in a bit of a quandary by asserting that trans-fat and smoking in public are NOT parallel? Consider – can one now argue that you shouldn’t regulate trans-fat because it does not affect anyone else like public smoking does. If an activity does not hurt anyone else should we implement as high a duty on the bureaucrat to regulate it?”
I believe that my assertion that regulations on trans-fats and public smoking are not parallel holds up. As I indicate in my piece, trans-fats should be regulated, but not in the same manner that public smoking is regulated.
Once instituted, public smoking bans make smoking in pre-determined public places illegal. Because the act of smoking can cause direct harm to persons in the vicinity of the smoker (not solely the willing smoker), a regulation is put in place to minimize that danger for the protection of public health.
The regulations I have proposed for trans-fats are not of the same nature. If a consumer is confronted with multiple reminders that the item(s) they are considering ingesting holds serious negative health implications, maybe they will reconsider their choice, maybe they won’t, but it is completely their decision. Never in my proposal do I advocate making it illegal for a willing adult to consume trans-fats if they choose to do so. Such a decision is a personal dietary choice that has no effect on the health of surrounding persons.
The proposed trans-fats regulations, unlike public smoking bans (which I should repeat, I support whole-heartedly because of their protection of public health) do not at any point make consumption illegal. That significant difference is why I claim that trans-fats and public smoking regulations are not parallel.
Quiz time!
Hmm…I’m going to choose option A, although I’m not too keen on that report idea.
September 21, 2008 at 12:28 am
engagethespectrum
Following the shooting at Virginia Tech in April 2007, regulations concerning firearm procurement and possession were thrust into the spotlight, at both the state and national level.
I, along with many others, believed that the subsequent session of the Virginia General Assembly would undoubtedly witness the closure of the now infamous “gun show loophole.” In a brief but legitimate summary, this loophole allows for the unregulated sale of deadly weapons at gun shows in the Commonwealth of Virginia, despite the fact that the sale of the exact same weapons at licensed gun shops requires a background check be performed prior to an exchange. An immediate, convenient, and rational background check that is.
As often occurs in the Old Dominion, reason was tossed aside and the deleterious loophole was allowed to stay on the books.
I presume that nothing would be solved by delving into a diatribe and I know that I could easily write at length on this matter (and indeed I did write on the subject quite a few times during an internship at the Virginia Senate); however, that is not my intention (especially not at 12:18 a.m.). I simply wish to bring to light that this is another matter that would seem to benefit from the “Nudge”-inspired practice of defaulting to the best choice. Given the fact that instantaneous background checks have been performed without complication for years, exactly what harm would occur by requiring that ALL transfers of firearms be preceded by an instant background check? I would like to get the opinion of a variety of people on this issue: gun control activists, gun rights activist and anyone in between.
Posted by Lewis