Designed to Break: planned obsolescence as corporate environmental crime (new paper)

smartphone tombstones

Is programming premature product lifespans a form of corporate crime?

This the question that Lieselot Bisschop, Jelle Jaspers, and I address in our new publication in the journal of Crime, Law and Social Change.

Planned obsolescence is a core business strategy in today’s economy. The items we buy today are supposed to not last, so that we – the consumers – have to buy them over and over again.

In a blogpost summary, we argue that planned obsolescence is not only something that should be recognized by policy makers, but also considered a corporate environmental crime and treated this way.

The tobacco industry’s endlessly “new” tactics: find a loophole in the law, and f%$# it until it’s gone

One of my old colleagues, a lawyer at UCSF once said that the tobacco industry finds loopholes in the law and exploits them until someone closes them. And then moves onto the next one. Our new Open Access paper in Tobacco Control discusses some of these problems. https://tobaccocontrol.bmj.com/content/31/2/222

“Moving targets: how the rapidly changing tobacco and nicotine landscape creates advertising and promotion policy challenges,” led by UCSF Center for Tobacco Control Research and Education Director Pam Ling, discusses the rise of synthetic nicotine to evade regulations.

As cigarettes became déclassé in mature markets and volumes and revenue has dropped, the industry has swooped in just in time to rescue their profits with a potpourri of heated, electronic, and nicotine tobacco products. The strategy is hooking new recruits (kids).

“Make tobacco cool again” could be the industry’s slogan.

Think tobacco’s bad? We’ve got synthetic nicotine for ya! Think smoking will kill you? We’ve got heated tobacco products (with that familiar tobacco taste). Don’t like smoking? Try vaping, or nicotine salt pouches!

The hustle to make a deadly product blend in with the background of consumer items is not new for the tobacco industry, but their recent tactics are even beyond the pale for this morbid industry. Candy flavors and colors and add ons are meant to attract kids. Why do we allow this blatant predation? Because of the always delayed promise of helping inveterate smokers. We sacrifice reason to baby smokers who might switch to slightly less deadly products. Quixotically, the tobacco industry’s raison d’état is now to coddle addicted smokers, as their official party line, in order to cover up the fact that really they are much more interested in recruiting kids to continue their legacy of pollution of the environment and human health. The industry would be all too happy if smokers continued smoking conventional cigarettes, and children and young adults uninterested in smoking would think their new technologized gee-whiz products are cool and harmless – becoming lifelong ‘customers’ (addicts) in the process.

Building on our previous work, we write:

The use of the term ‘pharmaceutical grade’ nicotine to describe recently developed nicotine products and the acquisition of NRTs extends the tobacco industry’s embrace of pharmaceuticalisation —producing products that appear like medical therapeutics conferring perceptions of safety.”

We conclude: “Finally, as the industry continues to reinvent itself to stay in business, regulatory authorities mostly play ‘catch up’. Current strategies which give the industry ample time to market products while they are brought under regulatory frameworks are not helpful for public health.”

National Geographic and Guardian Articles about Ecigarette Waste and EPR

In the flurry of the semester starting, I’ve been remiss in updating this blog with a couple important articles that have come out in the press discussing the environmental harms of electronic cigarette (ecig) electronic waste (ewaste).

Both The Guardian and National Geographic did excellent jobs surveying the topic and getting across the complexities as well as most important points. And I’m grateful to through interviews have been able to contribute to these articles.

I think the most important point I made in The Guardian article is the need for Extended Producer Responsibility, and how it practically works:

Hendlin said he and other environmental advocates have endorsed an Extended Producer Responsibility (EPR) model for e-cigarettes – one JUUL is considering. This would include charging users an extra deposit (ie $1.00 per pod, $5.00 per vape unit) that consumers get back when they return them, practices like returning old packaging to JUUL after receiving new pods each month, and refunding or giving credits for returned pods/vapes.

https://www.theguardian.com/society/2019/aug/26/vapings-other-problem-are-e-cigarettes-creating-a-recycling-disaster

ADDED BONUS:

What made me want to puke however, is just before I was settling down with my popcorn to watch the (excellent!) National Geographic video they made on the effects of e-cig waste, I was subject to a 15-second propaganda piece by the grandmasters of waste and treachery themselves, Nestle. Especially as in my piece in The Conversation, I write

The two largest global brands of capsule coffee, Nespresso and Keurig, are regarded by many as environmental nightmares. Billions of the throwaway nonrecyclable plastic products currently clutter waste dumps, waterways and city streets. Both inventor of the “K-cups” John Sylvan and former Nespresso CEO Jean-Paul Gaillard have publicly bemoaned the environmental consequences of the products they once championed. Sylvan has stated that the disposable (but not biodegradable) coffee capsule is “like a cigarette for coffee, a single-serve delivery mechanism for an addictive substance.”

https://theconversation.com/e-cigarettes-and-a-new-threat-how-to-dispose-of-them-105096

The comparison between cigarette butts and capsule coffee is surprisingly fitting. Both butts and capsules are intentionally designed to be convenient, single-use products. Both are also nonbiodegradable and unrecyclable. As pervasive and polluting as cigarette butts are, however, the e-waste from e-cigarettes presents an even more apt comparison.

https://theconversation.com/e-cigarettes-and-a-new-threat-how-to-dispose-of-them-105096

You can imagine how I felt then, when Nestle pimps this feel-good (Spanish language!) advertisement at me, never mentioning the billions and billions and billions of plastic-metal-paper non-recyclable single-use bad-tasting coffee hits it blights the planet with each year.

The Nespresso ad video before the cool National Geographic video. So nice (not!) that National Geographic is producing videos for Nespresso, to preempt people realizing that environmental health problems (having to do with the environmental determinants of health) are intersectional, too.

Big Tobacco, Big Pharma, Big Vape

About a decade ago, the “American Vaping Association” railed against RJReynolds (later RAI, now part of British American Tobacco (BAT)) for attempting to persuade the FDA to “ban the sale of open-system e-cigarettes, including all component parts.” Now that pretty much all of the e-cigarette companies are tobacco companies, from Altria’s 35% stake in JUUL to RAI’s Vuse being #2 in the US, the question is moot. Big Tobacco won. Open systems are on the fringe, for people like Leonardo di Caprio.

Reynolds’ play to racism and prejudice by equating Chinese manufacture with poor quality is telling. Their own products are manufactured in China. But in order to try to dissuade the FDA from allowing open tank vape systems, it plays the China card. We need to educate people to stop doing this, as 99% of the time they are being hypocritical anyways (their own products are being made in China); and also, American manufacture now is mainly robot-run anyhow. Few quality American manufacturing jobs exist, compared to the 1970’s, for example.

What remains to be seen in the indefinite postponement of the E-cigarette regulations by the FDA is whether Big Tobacco got their way; or if public health will see their day.

E-cigarette e-waste litter is an environmental health harm that can be stopped before it metastasizes

My op-ed in the American Journal of Public Health that appeared this week discusses the new tobacco waste stream of electronic cigarette waste. Electronic waste is already the fastest growing waste stream globally. Creating a new product that has no current responsible recycling infrastructure, and that may be littered widely, contributing to plastic sinks such as the Great Pacific Gyre (garbage patch) in the Pacific Ocean, is a mistake. This op-ed discusses the problem and some of the solutions that can be taken to avoid a possible environmental health and ecological disaster.

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Photo of a dropped Juul vape on SF MUNI by Julia McQuoid, used with permission

Regarding this article and other research I am conducting, I also wrote a piece in the online academic blog/forum The Conversation on e-cigarettes as the Nespresso of tobacco products, environmentally speaking.

This article was republished by the University of California, Salon, Phys.org, The Houston Chron, the Connecticut Post, The Fresh Toast, Business Insider, EcoWatch, The Chicago Tribune, and many other news sources.

Reuters also interviewed me for a piece titled “E-cigarette policy should consider environmental effects, expert says.”

For my other writing on e-waste, please see my interview with Eric Lundgren in Nautilus.

 

The Elon Musk of E-waste

My new article, “Is This Man the Elon Musk of E-Waste?” in my favorite popular science online magazine Nautilus, describes the Right to Repair movement, and the necessity to move from a linear manufacturing process built on planned and perceived obsolescence to a circular economy.

If we are to combat the 99 billion pounds of e-waste produced per year, ending up incinerated, in lakes and rivers, and trashing our communities and the lives of future generations, we’re going to need to mandate manufactures of electronics such as Apple, Samsung, Microsoft, IBM, Dell, and all the other major players, to engineer products that can DIY be taken apart, repaired, and built to last.

My interview with Eric Lundgren, his last before he was sent to prison for creating 28,000 Microsoft Windows restore CDs meant for refurbishing computers that otherwise would end up as e-waste, describes the necessity for financial mechanisms to incentivize companies and consumers to place e-waste back into an (dis)assembly line of reuse, reduce, recycle.

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Lundgren has championed the right for electronics to be repaired rather than tossed by staging high-profile recycling demonstrations including his Guinness Book of World Records farthest driving on a single charge electric car (999 miles with 90% recycled materials including recycled hybrid batteries) and his flagship solar-powered e-waste recycling factory.

I appreciate the comment on the article made by Ryan Shaw, who wrote:

Mr. Lundgren has done more with far less than what Musk started with so I don’t think the comparison does Lundgren justice (although I am a huge Musk fan). Maybe someday if Tesla starts a car rebuild program to re-use scrapped cars the title would be, “Elon Musk is the Eric Lundgren of car manufacturing.”