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Examining the public interest rationale for regulating whiskey with the pure food and drugs act

Author

Listed:
  • Daniel J. Smith

    (Jones College of Business at Middle Tennessee State University)

  • Macy Scheck

    (Jones College of Business at Middle Tennessee State University)

Abstract

Was there legitimate public interest justification for regulating whiskey with the Pure Food and Drugs Act of 1906? High and Coppin (Bus Hist Rev 62:286–309, 1988) provide evidence for a public choice interpretation of the application of the act to the whiskey industry. However, the existence of public choice factors does not preclude the simultaneous existence of genuine public interest rationales. The public interest justification was that rectifiers, who flavored neutral spirits to replicate straight whiskey, commonly adulterated whiskey with poisonous ingredients. We examine these claims using alcohol consumption data, chemical tests of whiskey, trade book recipes, and reported deaths and poisonings from whiskey. We find that poisons were infrequently used in rectified whiskey and that the poisons used were overwhelmingly either not fully understood to be dangerous at that time or were demanded in underground markets. The historical evidence bolsters the public choice interpretation of High and Coppin (1988).

Suggested Citation

  • Daniel J. Smith & Macy Scheck, 2023. "Examining the public interest rationale for regulating whiskey with the pure food and drugs act," Public Choice, Springer, vol. 196(1), pages 85-122, July.
  • Handle: RePEc:kap:pubcho:v:196:y:2023:i:1:d:10.1007_s11127-023-01061-0
    DOI: 10.1007/s11127-023-01061-0
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    1. Simeon Djankov & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2002. "The Regulation of Entry," The Quarterly Journal of Economics, Oxford University Press, vol. 117(1), pages 1-37.
    2. Clay, Karen & Troesken, Werner, 2002. "Strategic Behavior in Whiskey Distilling, 1887–1895," The Journal of Economic History, Cambridge University Press, vol. 62(4), pages 999-1023, December.
    3. Alexander J. Holmes & Kym Anderson, 2019. "Convergence in National Alcohol Consumption Patterns: New Global Indicators," World Scientific Book Chapters, in: Kym Anderson (ed.), The International Economics of Wine, chapter 25, pages 631-670, World Scientific Publishing Co. Pte. Ltd..
    4. Jørgen Grønnegård Christensen, 2011. "Competing Theories of Regulatory Governance: Reconsidering Public Interest Theory of Regulation," Chapters, in: David Levi-Faur (ed.), Handbook on the Politics of Regulation, chapter 7, Edward Elgar Publishing.
    5. Alessandro Stanziani, 2009. "Information, quality and legal rules: Wine adulteration in nineteenth century France," Business History, Taylor & Francis Journals, vol. 51(2), pages 268-291.
    6. Miron, Jeffrey A, 1999. "Violence and the U.S. Prohibitions of Drug and Alcohol," American Law and Economics Review, American Law and Economics Association, vol. 1(1-2), pages 78-114, Fall.
    7. Peter T. Leeson, 2019. "Do we need behavioral economics to explain law?," European Journal of Law and Economics, Springer, vol. 48(1), pages 29-42, August.
    8. High, Jack & Coppin, Clayton A., 1988. "Wiley and the Whiskey Industry: Strategic Behavior in the Passage of the Pure Food Act," Business History Review, Cambridge University Press, vol. 62(2), pages 286-309, July.
    9. Hanlon, W. Walker & Beach, Brian, 2022. "Historical Newspaper Data: A Researcher's Guide and Toolkit," CEPR Discussion Papers 17366, C.E.P.R. Discussion Papers.
    10. Levine, Michael E & Forrence, Jennifer L, 1990. "Regulatory Capture, Public Interest, and the Public Agenda: Toward a Synthesis," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(0), pages 167-198.
    11. Dilorenzo, Thomas J., 1985. "The origins of antitrust: An interest-group perspective," International Review of Law and Economics, Elsevier, vol. 5(1), pages 73-90, June.
    12. Robert D. Tollison, 1985. "Public Choice and Antitrust," Cato Journal, Cato Journal, Cato Institute, vol. 4(3), pages 905-931, Winter.
    13. Peter T. Leeson & M. Scott King & Tate J. Fegley, 2020. "Regulating quack medicine," Public Choice, Springer, vol. 182(3), pages 273-286, March.
    14. Richard A. Posner, 1974. "Theories of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 5(2), pages 335-358, Autumn.
    15. Zeynep K. Hansen & Marc T. Law, 2008. "The Political Economy of Truth-in-Advertising Regulation during the Progressive Era," Journal of Law and Economics, University of Chicago Press, vol. 51(2), pages 251-269, May.
    16. Kym Anderson & Vicente Pinilla, 2017. "Annual Database of Global Wine Markets, 1835 to 2016: Methodology, Derived Indicators, and Sources," Wine Economics Research Centre Working Papers 2017-04, University of Adelaide, Wine Economics Research Centre.
    17. Libecap, Gary D, 1992. "The Rise of the Chicago Packers and the Origins of Meat Inspection and Antitrust," Economic Inquiry, Western Economic Association International, vol. 30(2), pages 242-262, April.
    18. Dills, Angela K. & Jacobson, Mireille & Miron, Jeffrey A., 2005. "The effect of alcohol prohibition on alcohol consumption: evidence from drunkenness arrests," Economics Letters, Elsevier, vol. 86(2), pages 279-284, February.
    19. Marc Law & Gary D. Libecap, 2006. "The Determinants of Progressive Era Reform. The Pure Food and Drugs Act of 1906," NBER Chapters, in: Corruption and Reform: Lessons from America's Economic History, pages 319-342, National Bureau of Economic Research, Inc.
    20. Law, Marc T., 2003. "The Origins of State Pure Food Regulation," The Journal of Economic History, Cambridge University Press, vol. 63(4), pages 1103-1130, December.
    21. Alvaro Calderon & Vasiliki Fouka & Marco Tabellini, 2023. "Racial Diversity and Racial Policy Preferences: The Great Migration and Civil Rights," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 90(1), pages 165-200.
    22. Sam Peltzman, 2022. "“The theory of economic regulation” after 50 years," Public Choice, Springer, vol. 193(1), pages 7-21, October.
    23. Troesken, Werner, 2002. "The Letters of John Sherman and the Origins of Antitrust," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 15(4), pages 275-295, December.
    24. Angela K. Dills, 2004. "Alcohol Prohibition and Cirrhosis," American Law and Economics Review, American Law and Economics Association, vol. 6(2), pages 285-318.
    25. Law, Marc T. & Kim, Sukkoo, 2005. "Specialization and Regulation: The Rise of Professionals and the Emergence of Occupational Licensing Regulation," The Journal of Economic History, Cambridge University Press, vol. 65(3), pages 723-756, September.
    26. Vincent Geloso & Raymond J. March, 2021. "Rent seeking for madness: the political economy of mental asylums in the United States, 1870 to 1910," Public Choice, Springer, vol. 189(3), pages 375-404, December.
    27. Urban, Raymond & Mancke, Richard B, 1972. "Federal Regulation of Whiskey Labelling: From the Repeal of Prohibition to the Present," Journal of Law and Economics, University of Chicago Press, vol. 15(2), pages 411-426, October.
    28. Karen Clay & Werner Troesken, 2003. "Further Tests of Static Oligopoly Models: Whiskey, 1882–1898," Journal of Industrial Economics, Wiley Blackwell, vol. 51(2), pages 151-166, June.
    29. Gordon Tullock, 1984. "A (partial) rehabilitation of the public interest theory," Public Choice, Springer, vol. 42(1), pages 89-99, January.
    30. Troesken, Werner, 1998. "Exclusive Dealing and the Whiskey Trust, 1890–1895," The Journal of Economic History, Cambridge University Press, vol. 58(3), pages 755-778, September.
    31. Sprick Schuster, Steven, 2023. "The persuasive power of the fourth estate: Estimating the effect of newspaper endorsements: 1960–1980," Journal of Economic Behavior & Organization, Elsevier, vol. 207(C), pages 496-510.
    32. McCraw, Thomas K., 1975. "Regulation in America," Business History Review, Cambridge University Press, vol. 49(2), pages 159-183, July.
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    More about this item

    Keywords

    Public choice; Public interest; Whiskey; Pure Food and Drugs Act;
    All these keywords.

    JEL classification:

    • D51 - Microeconomics - - General Equilibrium and Disequilibrium - - - Exchange and Production Economies
    • D52 - Microeconomics - - General Equilibrium and Disequilibrium - - - Incomplete Markets
    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • N81 - Economic History - - Micro-Business History - - - U.S.; Canada: Pre-1913

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