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.
Legal Update Spring 2009 PDF, 1.5 Mb
The spring newsletter introduces our newest law synopsis, Pick Your Poison: Responses to the Marketing and Sale of Flavored Tobacco Products; provides updated information about the proposed FDA regulation of tobacco products; showcases the latest Legal Consortium amicus brief; and presents summaries of key legal developments in tobacco control law worldwide.
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
Legal and Political Obstacles to Smoke-free Regulation in Minnesota Regions, by Kerry Cork, J.D. and Carolyn Forman, J.D., was 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.
The Tobacco Control Legal Consortium is a national network supporting tobacco control policy change by giving advocates better access to legal expertise. The Consortium’s priorities are to help make legal technical assistance an integral part of comprehensive tobacco control programs, provide a limited degree of direct legal support and raise awareness of the role of legal services in effective policy change. Within its resources, the Consortium works to assist communities with urgent legal needs and to increase the legal resources available to the tobacco control movement.
The Consortium grew out of collaboration among existing legal programs serving five states. Drawing on the expertise of these legal centers and others, the Consortium provides legal technical assistance to support the creation of new legal programs and to help communities with urgent legal needs. Technical assistance services may include help with legislative drafting, legal research, legal analysis and strategy, training and presentations, preparation of friend-of-the-court legal briefs and litigation support.
The Consortium’s coordinating center, located at the William Mitchell College of Law in St. Paul, Minnesota, fields requests for information and coordinates the delivery of services by the collaborating legal resource centers.
» Learn more about the Tobacco Control Legal Consortium PDF, 937 Kb
Support for this program was provided in part by a grant from the Robert Wood Johnson Foundation in Princeton, New Jersey, and by the American Cancer Society.
