Improving Health Through the Power of Law www.tobaccolawcenter.org
Improving Health Through the Power of Law www.tobaccolawcenter.org
June 26, 2009
Three New Laws in Maine Aim to Curb State's Obesity Rate
Maine Gov. John E. Baldacci (D) has signed three bills aimed at curbing the state's obesity rate, the Bangor Daily News reports. The first measure, which will take effect February 1, 2011, requires chain restaurants in the state to display the caloric content of menu items. A second bill encourages schools to voluntarily measure and report students' body mass index (BMI). The state will use the data, which will be redacted of all identifying information, to evaluate current obesity prevention efforts and highlight areas for future reform. The final bill seeks to assess the physical education (PE) capacities of schools in the state and encourages schools to enhance their PE offerings. The measure also establishes a special fund to provide schools financial assistance to implement the changes. Read about Maine’s new anti-obesity legislation.
On June 22, President Barack Obama signed the nation's strongest-ever tobacco control law, giving the U.S. Food and Drug Administration regulatory authority over tobacco products for the first time. "The decades-long effort to protect our children from the harmful effects of tobacco has emerged victorious," Obama said at a signing ceremony in the White House Rose Garden.
The legislation will grant the U.S. Food and Drug Administration sweeping power to regulate the manufacturing, marketing and sale of tobacco products. Among other things, this landmark legislation will restrict tobacco advertising and promotions, especially to children; require tobacco companies to disclose the contents of tobacco products, as well as changes in products and research about their health effects; empower the FDA to require changes in tobacco products, such as the removal or reduction of hazardous ingredients; require strong graphic warning labels on tobacco product packages; and ban the use of misleading health claims such as "light" or "low tar" that give the impression of lower health risks.
» Read the final legislation, H.R. 1256. PDF, 348 Kb
» Read more about the provisions of this legislation (H.R. 1256), which is essentially identical to bills introduced February 15, 2007 (S.625 and H.R.1108).
Legal Authority to Regulate Smoking and Common Threats and Challenges 2009 PDF, 2.4 Mb
Our latest law synopsis, an expansion and update of one of our most popular law synopses, originally published in 2004, is a primer on common legal threats and challenges to smoke-free regulation. Cheryl Sbarra is the author.
Tracking Tobacco Laws: A Minnesota Digest PDF, 1.4 Mb
The Tobacco Law Center has just released the latest edition of Tracking Tobacco Laws: A Minnesota Digest, the definitive summary and explanation of Minnesota's tobacco-related laws. This plain-language resource for local officials, attorneys, public health professionals and advocates is now hyperlinked to all state and federal laws, regulations and legal settlements that affect the sale, marketing and use of tobacco in Minnesota. Contact the Tobacco Law Center to request a printed copy.
Pick Your Poison: Responses to the Marketing and Sale of Flavored Tobacco Products PDF, 2.7 Mb
This law synopsis, written by Kathleen Dachille, J.D. explores legal approaches for addressing the marketing and sale of fruit-, alcohol- and candy-flavored tobacco products to youth.
Legal and Political Obstacles to Smoke-free Regulation in Minnesota Regions PDF, 878 Kb
Also new is the article Legal and Political Obstacles to Smoke-free Regulation in Minnesota Regions, by Tobacco Law Center attorneys Kerry Cork and Carolyn Forman, published in the American Journal of Preventive Medicine 2008. This peer-reviewed journal article summarizes research conducted by the Tobacco Law Center under a ClearWay Minnesota grant between 2005 and 2007. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006. They examined the approaches regulatory authorities took in each of these communities and identified strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. American Journal of Preventive Medicine 2008; 35(6S0:S508-S518)
Tobacco Control and Great Expectations PDF, 71 Kb
In the National Association of Local Boards of Health’s NewsBrief periodical (Winter 2009), Legal Consortium Staff Attorney Kerry Cork describes legal measures to advance U.S. tobacco control and prevention policies in the coming year.
A Warning Label for Your Apartment Building: Disclosing Smoking Policies for Multi-Unit Buildings
In the February 2009 issue of The Hennepin Lawyer, Staff Attorney Warren Ortland describes the legal and public health benefits of disclosing smoking policies in a standard lease for apartment buildings. The article provides an overview of secondhand smoke regulation in Minnesota, focusing on multi-unit housing. It explains the rationale for protecting prospective owners of property and renters of apartments from residential environmental dangers similar to secondhand smoke. Finally, it presents various smoking-permitted lease disclosure statements and enforcement options and explains how adopting a smoking-permitted disclosure policy can benefit landlord, tenants and the community at large.
The Role of Labor Organizations in Tobacco Control: What Do Unionized Workers Think? (Abstract)
In the January/February 2009 American Journal of Health Promotion. Senior Staff Attorney Susan Weisman, former Tobacco Law Center Program Manager Rebecca Mitchell, Resa M. Jones and Darin Erickson summarize the results of a Tobacco Law Center study of unionized workers in Minnesota, their knowledge and attitudes about workplace tobacco use, their exposure to secondhand smoke, and the role of labor unions in addressing smoking and cessation coverage policies. Most unionized workers in this ClearWay Minnesota-funded study were aware of the health effects of exposure to secondhand smoke and supported union bargaining for restrictions on workplace smoking and cessation programs, although few supported their unions taking the lead in initiating worksite smoking policies. 23 Am J Health Promotion 3 (2009). For more information, please contact Susan Weisman at susan.weisman@wmitchell.edu.
The Tobacco Law Center works to improve tobacco control laws and policies at local, national, and international levels. Through research, policy development, and analysis, technical assistance and consulting, the center helps policymakers, nonprofit organizations, advocates, and health professionals address tobacco-related legal issues.
» Learn more about the Tobacco Law Center PDF, 1.8 Mb