The nonsmokers’ rights movement catalyzed a sharp decline in smoking rates. But it left the paradigm of individual consent untouched — or even strengthened. For nonsmokers’ rights activists, the smoker can pursue his choice with full knowledge of the deadly consequences as long as his choices don’t affect others. “I would not mind a smoker killing himself privately,” one nonsmoker explained in support of public smoking restrictions in 1978. “I greatly object to his infecting my air.”

In more recent decades, age restrictions on smoking have reinforced the idea that smoking is the choice of fully consenting adults. After fighting such laws for decades, cigarette manufacturers supported 2019 legislation that raised the minimum purchase age from 18 to 21. Whereas the industry once feared that such laws would “gut our key young adult market,” in the words of a Philip Morris strategy document, it now embraces them as a way to preserve “adult choice.”

“We can’t defend continued smoking as a ‘free choice’ if the person was ‘addicted,’” a tobacco lobbyist observed more than four decades ago. And yet this is precisely what the industry has done — with the unintended blessing of even anti-tobacco lawmakers, whose rules have granted the validity of the cigarette’s engineering while making it ever more difficult, expensive and stigmatized to be a smoker.