A Proposal for FDA Oversight of Tear Gas

Abstract

Tear gas is designated a chemical weapon by multiple treaties that prohibit its use in war. However, despite mounting reports suggesting that tear gas may endanger targets beyond transient discomfort, its domestic use as a crowd control mechanism has not been adequately studied, nor is its use regulated by any United States government agency. Without comprehensive and demographically-representative epidemiological studies, the continued use of tear gas on civilian protesters poses an unknown and potentially severe threat to public safety. Chemical substances employed on civilians for a desired effect are more akin to drugs than to weapons. We, therefore, propose that legislation be introduced to place tear gas under the regulatory purview of the Food and Drug Administration (FDA) in order to understand its effects on the health of all members of the public and to better regulate its deployment.