Tag Archives: weaponized kafkaism

FDA’s proposed smokeless tobacco nitrosamine regulation: innumeracy and junk science (part 1)

by Carl V Phillips

I am a bit late to analyze this proposed FDA rule, which was promulgated on Inauguration Day. But it is still open for comments, and I will be submitting these posts (though for reasons I will get to shortly, these and all other comments are probably moot except as for-the-record background).

Before getting to the substance it is worth noting that this is really the first bit of genuine regulation proposed by the FDA Center for Tobacco Products (CTP) in its eight years. Despite CTP reportedly approaching $4 billion in cumulative expenditures, it has only implemented a few inconsequential rules that were specifically required by the enabling legislation, and has never actually created a standard or specific requirement like a real regulator. Instead, everything it has done has been what I have dubbed weaponized kafkaism. The variation on the word “kafkaesque” refers, of course, to Kafka’s horror stories of bureaucratic (in the pejorative sense) rules that create injustice via impossible procedural burdens. “Weaponized” refers to turning something that is harmful but not malign into a tool for intentionally inflicting harm. CTP has turned filing and paperwork hurdles into a weapon. Continue reading

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Weaponized Kafkaism

by Carl V Phillips

I think I have come up with a good description of the functioning of the FDA Center for Tobacco Products: Weaponized Kafkaism. The term is fairly self-explanatory, but to unpack it: Kafkaesque is, of course, refers to a system that brings to mind the situations faced by Franz Kafka’s characters, particularly including being trapped by a baffling and inscrutable system (particularly a government bureaucracy), where one is punished for doing something wrong as a result of having no idea what would satisfy the authorities, and as the rules begin to become apparent they are revealed to include self-contradictions, making it literally impossible to comply. (I converted the word to its seldom-used noun form.) Weaponization refers to taking something that in its “natural” state is harmful or potentially harmful, and then intentionally deploying it in order to do harm.  Continue reading