& S Legal Update

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Summer 2015
Tobacco Control Legal Consortium | www.publichealthlawcenter.org
Legal Update
S
ummer is finally upon us. If you don’t have
time to picnic, visit the beach, or go camping,
no problem. You can buy your fill of vacation
flavors at your nearest tobacco or e-cigarette
store — either at a brick and mortar establishment
or online. In fact, no matter the season, tobacco
product and e-cigarette manufacturers continue
to produce seasonally inspired flavors such as
watermelon, Son of a Beach, vanilla malt, popcorn,
s’mores, kettle corn, colas, Pizza Pia, chocolate
ice cream, and pink lemonade in what are
euphemistically described as “kid-friendly flavors.”
THE
TOBACCO
INDUSTRY
&
KIDS
Of course, these flavors appeal to more than
kids. Indeed, at least one peer-reviewed study
(sponsored by N-Joy) reports that adult smokers
prefer gummy bear and other e-cigarette flavors
more than non-smoking kids. Still, who can say with a straight face that
flavors like strawberry milkshake, banana split and Big Bubble Gum aren’t
designed to appeal primarily to the young? What about the fun prospect
of mixing your own “e-juice” at an online soda and malt shop? (And let’s
face it, novelty flavors such as Roast Beef, Chicken, Dill Pickle, Bacon, and
Sweet Potato Casserole are bound to draw a number of curious teens.)
Although the U.S. Food and Drug Administration prohibited
the sale of all flavored cigarettes (except menthol)
back in 2009, manufacturers of conventional
tobacco products and e-cigarettes have
continued to produce products in flavors
that appeal to the young. The tobacco
industry has always had a vested interest
in attracting youth to its products, given
that nearly 9 out of 10
smokers start before
Continued on page 2
Contents
Resource Roundup
The Highs and Lows of Marijuana
Regulation
Leaders in Protecting Youth from
Tobacco
Ask A Lawyer
Lessons from Westminster:
The Proposal to Prohibit
Tobacco Sales
Profiles in Public Health Law
Dr. Tim McAfee: A Public Health
Leader Focused on Tobacco Control
ALA’s Unsung Hero of the Year —
Maggie Mahoney
Global Tobacco Control
Beijing’s New Tobacco Control
Law Sets Example for China
ASH Releases New Case Study
on Switzerland’s Smoke-free
Experiences
Upcoming Events
1
Resource Roundup
Menthol Toolkit
Menthol, the most commonly used
flavoring in tobacco products, is
extremely popular among young
people. In fact, nearly half of
all teen smokers use menthol
tobacco products. Because of the
popularity of this deadly flavor,
menthol cigarettes have a disproportionate health
impact on youth, as well as members of racial and
ethnic populations, the LGBT community, and people
of low socio-economic status. To reduce youth tobacco
use and other tobacco-related health disparities, states
and local communities are considering ways to regulate
and restrict the advertisement, promotion and sale of
flavored tobacco products.
The Tobacco Control Legal Consortium recently released
the Menthol Toolkit, a collection of resources that state
and local advocates can use to educate themselves on
menthol tobacco products and ways to reduce the sale
and consumption of menthol tobacco products in their
communities. The toolkit contains fact sheets, guides
containing tips and tools, a bibliography, a case study of
Chicago’s regulation of menthol flavored tobacco products,
sample language to restrict the sale of flavored tobacco
products, a model resolution, and several other resources.
»» Check out the Consortium’s Menthol Toolkit.
Tobacco-Free Campuses
The University of Washington, Seattle Tobacco Studies
Program & Community Transformation Partnership
created the film, Tobacco-Free Campuses: A Learning
Experience. This online video series targets college
campuses and prevention methods among the young
adult community.
»» Watch Tobacco-Free Campuses: A Learning Experience.
American Heart Association: The Cost of Addiction
The American Heart Association’s online tool helps
calculate the financial cost of cigarette use. Because youth
are particularly price-sensitive, tactics such as raising the
price of tobacco products and eliminating pricing discounts
have long been measures to reduce tobacco sales and use
among the young.
»» Calculate the cost of smoking using the AHA’s online tool.
»» Read Pricing Policy: A Tobacco Control Guide.
Cover Story:
The Tobacco Industry & Kids
Continued from page 1
age 18. The young, after all, are the tobacco
industry’s future, as they have been its past.
Industry documents, observational studies
and advocacy bear testament to a long history
of deliberate tobacco industry targeting of
youth in research and marketing. Tobacco
industry impact on youth continues to be
substantial. According to a recent Morbidity
and Mortality Weekly Report, an estimated
4.6 million middle and high school students
reported using at least one tobacco product in
2014; of these, 2.2 million students reported
using two or more tobacco products.
The tobacco industry has
always had a vested interest
in attracting youth to its
products, given that nearly
9 out of 10 smokers start
before age 18.
Because flavored tobacco and e-cigarette
products are so toxic and tempting to the
young, this Legal Update is focused on
the tobacco industry’s ongoing impact on
kids. We include several new resources on
related issues, including guides on regulatory
options for state and local governments
interested in curbing youth access to these
products, as well as tobacco control policy
options that could apply to marijuana
regulation. We feature articles on lessons
learned from one town’s attempt to ban
the sale of all tobacco products, answers to
questions on tobacco retailer licensing, and
we highlight the activities of organizations
focused on youth tobacco control. We also
salute a seasoned national leader and former
Director of the Office on Smoking and Health,
Centers for Disease Control and Prevention
— Dr. Tim McAfee. Finally, we share a few
words about ALA’s Unsung Hero of the Year,
the Consortium’s Maggie Mahoney.
2
THE TOBACCO INDUSTRY
&
KIDS
The Highs and Lows of Marijuana Regulation
Lessons from Tobacco Control
As states continue to legalize the sale and use of medical marijuana and, in a
few jurisdictions, recreational marijuana, public health professionals and policy
makers are wrestling with a host of regulatory and administrative issues — many
of which are familiar to the tobacco control community. These issues include
the need to prohibit youth access, restrict public use, develop
robust licensing and zoning laws, and regulate the advertising
and marketing of this drug.
Like tobacco, marijuana has long been a drug of choice for the
young. Just as adolescents who use tobacco tend to become
addicted to nicotine, research shows that young people who
frequently use marijuana can also find themselves addicted,
and particularly susceptible to the adverse health impacts of
marijuana use. Moreover, with the increasing popularity of
e-cigarettes and other electronic smoking devices, a new
generation of vapers is discovering a dual use of these products:
the ability to toke hash oil and similar substances in vaporizers
that do not emit the distinctive smell of marijuana.
Although marijuana and tobacco products differ in many
ways, several strategies used to regulate these products, and
the regulatory obstacles they present, are similar. States and
localities tasked with regulating marijuana for medical and
recreational use can benefit from the experiences of those
who have worked for decades to protect the public from
the devastating health impact of tobacco use. The Tobacco
Control Legal Consortium has just released a law synopsis that
explores marijuana policy issues analogous to those faced in
tobacco control and that, drawing from lessons learned in the
tobacco control realm, describes options that local and state
governments might consider when developing marijuana
regulations. This new publication, Toking, Smoking and Public
Health: Lessons from Tobacco Control for Marijuana Regulation,
is available on the Public Health Law Center’s website.
In addition, the Consortium has released a fact sheet, Smoking
Marijuana in Multi-Unit Residential Settings, as a companion
piece to our law synopsis. This publication, also on our website,
addresses a few common questions about smoking marijuana
in multi-unit residences, including federally subsidized housing,
and describes similarities between smoke-free tobacco and
marijuana policies.
3
THE TOBACCO INDUSTRY
&
KIDS
Leaders in Protecting Youth from Tobacco
Around the U.S., state and local governments and leaders in public health are committed
to protecting youth from the devastating health impact of tobacco use. Today, we would like
to single out two national leaders in tobacco control for their tireless work on behalf of youth,
and highlight their most recent activities:
Created in 1996, the Campaign
for Tobacco-free Kids is a 501(c)
(3) non-profit organization
that advocates at the national,
state and local levels for proven
policies that reduce tobacco
use and exposure to secondhand
smoke. These policies include higher
tobacco taxes, comprehensive smoke-free laws,
well-funded tobacco prevention and stop-smoking
programs, and tough regulation of tobacco products
and marketing. The Campaign is committed to exposing
and countering tobacco industry efforts to market to
children and mislead the public; strengthening tobacco
control efforts in the United States and worldwide by
providing support and information to its many partners;
mobilizing organizations and individuals to join the
fight against tobacco; empowering a tobacco-free
generation by fostering youth leadership and activism;
and informing the public, policy makers and the media
about tobacco’s devastating consequences and the
effectiveness of the policies it supports.
The Campaign’s initiatives such as Kick Butts Day, Youth
Advocates of the Year Awards and its annual Youth
Advocacy Symposia help foster a new generation of
young leaders to continue the fight against tobacco.
One of the Campaign’s most recent activities is to urge
retail stores to stop selling tobacco products altogether.
It encourages consumers to shop at tobacco-free stores
by providing an interactive map on its website that
shows nearby stores without tobacco products:
»» Tobacco-free retailers campaign website
»» Toolkits for retailers, partners, and shoppers
»» Tobacco-free retailer campaign press clips
Other Campaign resources specifically focused on
youth tobacco use, health impact, prevention and
related issues are available on the Campaign for
Tobacco-Free Kids website.
Legacy was
established in
1999 as part of
the Master Settlement Agreement (MSA) between
the major tobacco companies, 46 U.S. states, the
District of Columbia and five U.S. territories. It
uses innovative approaches to reduce tobacco use
through public education, research, and community
engagement. Because the vast majority of lifetime
tobacco users start at a young age, Legacy focuses its
outreach efforts on youth and young adults.
In 2000, as part of its effort to curb youth tobacco
use, Legacy launched its award-winning truth®
campaign. Developed after extensive research with
young people, this national campaign provides youth
with facts and information about the health and
social consequences of tobacco use and the tobacco
industry’s marketing tactics, so they can make
informed decisions about its products. To give youth
the opportunity to experience truth first-hand in their
communities, the grassroots “truth tour” travels the
country to connect with young people in person and
engage with them on a peer-to-peer level at concerts,
sporting events, parks and other venues.
One of Legacy’s most recent initiatives is its
Youth Activism program, which is committed to
serving youth who want to make a difference in
their communities by making them healthier and
smoke-free. The program’s online youth activism
toolkit gives young people information and several
entertaining and educational tools to counter the
tobacco industry’s effects within their neighborhoods.
Legacy also provides resources for community
initiatives, such as smoke-free campus campaigns, as
well as information on smoking in the movies and
several other youth-related topics. For additional
resources, check Legacy’s website.
4
Ask A Lawyer
Q “I know liquor stores need to be licensed. Do stores need a
license to sell tobacco? Could licenses be used to reduce youth
access to tobacco?”
State and local governments require licenses for all kinds of business activities. You
mentioned liquor licenses, but you might also have noticed that restaurants, hair salons,
and nail salons often display a license. In addition, many states require a license for a
number of other businesses including landscaping companies, tattoo parlors, bed and
breakfasts, day cares, pet shops, Christmas tree sales, towing companies, health clubs,
and dry cleaners. Since so many types of businesses are required to be licensed, it
makes sense that you’d expect a tobacco retailer would need a license, too.
According to research by the American Lung Association, 36 states, plus many local
governments, require a license for retailers to sell cigarettes, and in 31 states a
license is required for the sale of any tobacco product. In many cases, the licenses
are handled at the city or county level. Some states, such as California, require both
a local and a state license.
A robust tobacco licensing law can do a lot to reduce youth access to tobacco.
For example, 28 states and the District of Colombia use licenses to ensure that
retailers follow laws prohibiting sales to minors. Retailers in these states risk license
suspension or revocation if they violate the law. In addition to ensuring that retailers
do not sell tobacco to minors, licensing can be used to regulate the location of
tobacco stores. For instance, it can be used to prevent tobacco retailers from being
located near schools, playgrounds or other youth-populated locations. Studies
have shown that youth who are exposed to retail tobacco advertising — including
advertising in tobacco stores near schools — are more likely to smoke, so these
kinds of rules are a good way to reduce youth smoking. Another option is to target
Maureen O’Brien, J.D.,
is a Staff Attorney at
the Tobacco Control
Legal Consortium.
If you have a question
about a tobacco lawrelated issue that you’d
like us to address in this
column, or a topic you’d
like us to cover in future
publications, please
send us an e-mail at
publichealthlawcenter
@wmitchell.edu.
Thank you!
Continued on page 8
“Studies have shown that youth who are exposed to retail
tobacco advertising — including advertising in tobacco
stores near schools — are more likely to smoke, so these
kinds of rules are a good way to reduce youth smoking.”
— maureen o’brien
5
Lessons from Westminster:
The Proposal to Prohibit Tobacco Sales
In the fall of 2014, the Westminster, Massachusetts Board of Health considered a policy that
would prohibit the sale of tobacco products to anyone (minors and adults) anywhere in the
community. Two public health lawyers from the Massachusetts Association of Health Boards
reflect here on lessons learned from Westminster’s experience with what might have been the
first-in-the-nation tobacco sales ban.
BY CHERYL SBARRA, J.D. AND JENN ROBERTSON, J.D.
In 2014, when the Board of Health in Westminster,
Massachusetts, a town of about 7,000, was
presented with a proposed comprehensive model
regulation detailing the most recent tobacco control
policies designed to address tobacco industry tactics,
Board members were frustrated. It seemed to them
that every tobacco control regulation the Board
enacted generated an industry response intended
to outmaneuver it. For instance, when self-service
displays and vending machines were banned, the
industry created a larger variety of more colorful
products and built huge power walls to house
them, designed to get the attention of youth. When
flavored cigarettes were prohibited by federal law,
small flavored single cigars and cigarillos priced at
49 cents and 20-packs of flavored “cigarettes” now
called “little cigars” took their place. The Board was
uninterested in playing the game of whack-a-mole
any longer. Board members asked the question: “Why
can’t we just ban the sale of tobacco products?”
Interestingly, this occurred at the same time tobacco
control attorneys around the U.S. were discussing
possible tobacco endgame strategies, given that
the 2014 U.S. Surgeon General’s report referred to
cigarettes as unreasonably dangerous and defective
products. After meeting with the Board, tobacco
control attorneys in Massachusetts offered to
provide legal education and technical assistance.
There was general consensus in the tobacco control
legal community that this type of strategy had legal
precedent and the Public Health Advocacy Institute
offered to finance the inevitable litigation that
would follow such a move. The Board believed that
if tobacco products were so dangerous as to cause
9,300 deaths in Massachusetts every year, and the
Board’s responsibility was to protect the health of
Westminster residents, a proposal to ban their sale
was a logical step.
Many in the tobacco control community know how this
played out: the day the draft regulation was posted to
the Board’s website, every major media outlet in the
U.S., and even some international outlets, picked up
the story. The opposition’s messaging was both familiar
and unique. It relied on the standard argument it used
Continued on page 7
6
Lessons from Westminster
Continued from page 6
against policies banning flavored non-cigarette tobacco
products and policies requiring that inexpensive cigars
be packaged in a minimum of 2-packs — an argument
centered on the rights and ability of small businesses
to make a profit. Usually, the counter to this argument
is that no business has reported going out of business
solely due to these policies, and the industry has thus
far refused to produce any data on the revenue
lost. But in this instance, policy advocates had to
acknowledge that if the sale of all tobacco products
was banned outright, some businesses would lose
revenue until they adjusted their business plan.
Though numbers were likely greatly exaggerated,
there was a distinct possibility that one or more
tobacco retailers in Westminster would close.
The second familiar argument is one of smoker’s
rights. But here, smokers found allies in those who
had a general libertarian belief against government
intervention, many of whom did not smoke or even
admitted to finding it “disgusting,” but still felt
passionately that the tobacco product sales ban was
government overreach. Finally, there was unfamiliar
opposition from within the tobacco control
community itself, with some members thinking this
was a bridge too far.
Vehement opposition to the policy proposal included
attacks on social media, threats to Board members
and an extremely contentious public hearing that
was shut down minutes after it started, with police
escorts needed by Board members. The community’s
Continued on page 8
Rowdy citizens outside the Westminster Elementary School hold signs, shout, and wave an American flag
moments before the Westminster Board of Health meeting on the proposed tobacco product sales ban
was shut down on Nov. 12, 2014, in Westminster, Ma.
AP PHOTO/WORCESTER TELEGRAM & GAZETTE, STEVE LANAVA
7
Ask A Lawyer
Continued from page 5
specific products. For example, studies have shown
that flavored tobacco products appeal to youth
and can encourage smoking initiation. The City of
Chicago has taken action by prohibiting the sale
of flavored tobacco products, including mentholflavored products, near schools. Some municipalities,
such as San Francisco, prohibit tobacco sales within
pharmacies. San Francisco also uses permits to
control the density and total number of tobacco
retailers within the city, as well as to limit tobacco
sales near schools. License and permit fees can be
used to fund enforcement activity and ensure regular
inspections for compliance with the law.
Lessons from Westminster
For more information, check out the following
resources:
»» ChangeLab Solutions’ Tobacco Retailer
Licensing Playbook
»» The Center for Public Health and Tobacco Policy
at New England Law | Boston’s:
ͳͳ New York Model Ordinance for Tobacco
Retail Licensing
ͳͳ Tobacco Retail Licensing
»» The Tobacco Control Legal Consortium’s Location,
Location, Location: Regulating Tobacco Retailer
Locations for Public Health
Continued from page 7
passionate and sometimes hostile disapproval of
this policy resulted in the Board of Health ultimately
withdrawing the proposed regulation by a vote of
2 to 1. Still, it is our belief that some version of this
policy will, at some point in the future, move forward.
Isn’t that the endgame? We are currently creating
a “playbook” for the next battleground based upon
lessons learned in Westminster.
Some of those lessons include the following:
1. The path toward the endgame may begin with
a smaller step. The Westminster regulation was
an outright ban; a less restrictive policy option
may have been more feasible as a first step
toward the endgame.
2.Community outreach must be pursued diligently.
Surveying and other outreach in the community
before a regulation is proposed would help
determine feasibility, identify champions and
educate potential opponents before action is
taken. This would prepare both the board and the
community for what is to come.
3.Comprehensive training on message
communication to national and international
outlets is needed. A comprehensive
communications plan in advance of the release
of the policy would align messaging and identify
spokespeople. Outlining talking points, drafting
a standardized response, identifying which
requests will be responded to and by whom, and
determining whether an interview will be granted
would provide needed guidance.
4. Litigation support is key. The industry has an
obvious interest in preventing these policies from
moving forward, so any regulatory body planning
to pass this policy must be prepared to litigate.
Whether the promise of backing comes from the
state attorney general, town counsel or a nonprofit organization, this support is essential to
upholding the policy once it is passed.
8
Profiles in Public Health Law
This Legal Update feature showcases individuals and organizations
with distinguished records of accomplishments in public health
law and policy. In this issue, we salute a national leader
in tobacco control — Dr. Tim McAfee.
Dr. Tim McAfee:
A Public Health Leader
Focused on Tobacco Control
Dr. Tim McAfee’s personal
experiences as a family
physician treating people
with diseases caused or
exacerbated by smoking made
such an impact on him that
he devoted much of his long
and distinguished career to
tobacco control. For 25 years,
Dr. McAfee has worked in
population-based and clinical
preventive health, serving as
a clinician, researcher, public
health evaluator, and until
recently, Director of the
Office on Smoking and Health,
National Center for Chronic
Disease Prevention and Health
Promotion, Centers for Disease
Control and Prevention (CDC). In that role, he was
responsible for providing national leadership and
direction for all scientific, policy, and programmatic
issues related to tobacco control and prevention.
Dr. McAfee’s long-standing commitment to tobacco
control is well-known, as are hallmarks of his
leadership at OSH, such as the CDC’s Tips from
Former Smokers campaign. Each year, the agency
releases a round of hard-hitting ads featuring people
whose lives have been devastated by smoking. These
memorable multi-media testimonials, such as the
2012 public service announcement depicting a cancer
survivor named Terri preparing for the day by putting
on her wig and voice box, drive home the health
Dr. Tim McAfee
impact of smoking in graphic
and compelling ways, and
result in dramatic increases in
calls to tobacco quit lines and
visits to cessation web sites.
Dr. McAfee received his
undergraduate degree in
biology from the University of
Minnesota and master’s degree
in Health Policy and Public
Health (Epidemiology) at the
University of California, Berkeley.
He obtained his medical
degree from the University of
California, San Francisco and
completed his residency training
at Group Health Cooperative in
Seattle and a fellowship at the
University of Washington.
Before joining the CDC in 2010, Dr. McAfee was
a principal investigator and co-investigator on
numerous research studies on the effectiveness and
dissemination of telephone- and Web-based tobacco
cessation programs in medical systems and through
government-sponsored quitlines. He was co-founder,
and elected Board of Directors member, of the North
American Quitline Consortium, authored the World
Health Organization’s quitline manual for low-and
middle-income countries, spent six years as Executive
Director and Medical Director of the Group Health
Center for Health Promotion, and served as Chief
Medical Officer for Free & Clear, a company that
Continued on page 10
9
“Without fanfare or spotlights, [Maggie] has guided literally
hundreds of communities in strengthening their laws to fight the
leading cause of preventable death, all while giving the credit to others.”
— doug blanke
ALA’s Unsung Hero of the Year —
Maggie Mahoney
On June 26, 2015, the American Lung Association and the C. Everett Koop
Institute awarded Maggie Mahoney, Deputy Director of the Tobacco Control
Legal Consortium, the 2015 C. Everett Koop Unsung Hero Award for her
outstanding contributions to tobacco control. Since Maggie became Deputy
Director, the Tobacco Control Legal Consortium’s capacity to provide help to
those in the tobacco control world has more than tripled. Maggie’s experience
and legal expertise in tobacco control make her an incredible asset to the
tobacco control community nationwide. She provides strategic guidance on
complex policy issues, and legal technical assistance on matters ranging from
smoke-free and tobacco-free legislation to the regulation of tobacco products.
Maggie Mahoney, J.D.
Known for being patient in giving advice while never seeking recognition,
she builds coalitions rather than imposing her view point on others. Her
colleagues recount the passion, knowledge and leadership she brings to
the tobacco control movement, whether working on a local ordinance or an
amicus (friend of the court) brief for a Supreme Court case.
“Dr. Koop created this award to honor quiet giants who are transforming the
health of our country,” said Doug Blanke, Director of the Public Health Law
Center. “Maggie epitomizes the unsung heroes he had in mind. Without
fanfare or spotlights, she has guided literally hundreds of communities in
strengthening their laws to fight the leading cause of preventable death, all
while giving the credit to others.”
»» Read the American Lung Association’s “Unsung Hero Award” announcement.
Dr. Tim McAfee
Continued from page 9
specializes in telephone-and Web-based programs
to help improve health. He was a practicing family
physician for over a decade and a clinical faculty
member at the University of Washington Family
Medicine and School of Public Health.
Although Dr. McAfee recently left his position
as Division Director at the CDC to move back to
Washington State with his family, he continues to serve
OSH, the Center, and CDC’s tobacco control mission in
a different role as Senior Medical Advisor. We’re proud
to salute this passionate public health champion who
has committed so much of his life to tobacco control.
»» Hear an audio recording and read a transcript
of an interview with Dr. McAfee about the CDC’s
Tips Campaign.
10
Global Tobacco Control
Beijing’s New Tobacco Control Law
Sets Example for China
On June 1, Beijing’s new smoke-free law took effect, making China’s capital
one of the world’s largest smoke-free cities. The law prohibits smoking
in all indoor public areas, including restaurants, workplaces, and public
transportation. Individuals caught violating the law must pay a fine of 200
yuan ($32.25) and businesses that fail to enforce the law on their premises
can be fined up to 10,000 yuan ($1,600).
Beijing’s law is a victory for tobacco control advocates who have long
supported stronger smoke-free laws in a country with the largest number
of smokers in the world. Three hundred million people smoke in China —
nearly one-third of the world’s total. Not only do 28 percent of all adults
in China smoke, but among 14 year olds, 11 percent of boys and 3 percent
of girls smoke. The health toll on China’s population is tremendous:
approximately 1.3 million smokers in China die each year from tobaccorelated diseases and approximately 100,000 die annually from exposure to
secondhand smoke.
China’s parliament also recently passed legislation that restricts tobacco
advertising in the mass media, in public places, on public transportation,
and outdoors. These advertising restrictions, along with Beijing’s new
smoke-free law, are all welcome signs of China’s effort to address its huge
tobacco-related health crisis.
»» Read a World Health Organization fact sheet on China’s smoking epidemic.
»» Read the Campaign for Tobacco-Free Kids resources on China’s tobacco
control policy status.
»» Visit Emory Global Health Institute’s website for resources on its China
Tobacco Control Partnership.
ASH Releases New Case Study on
Switzerland’s Smoke-free Experiences
Action on Smoking & Health (ASH) has just released a case study on smokefree air in Switzerland — the third in a series that also covers smoke-free air
experiences of France and Uruguay. ASH, a global non-profit tobacco control
organization, prepared these case studies to illustrate how countries address
the problem of secondhand smoke and to help provide guidance to nations
that have not yet adopted comprehensive smoke-free policies. Switzerland
has a federal system similar to the U.S., and its smoke-free legislation has
been the subject of several legal challenges from the tobacco industry. The
lessons Switzerland has learned along the way may be of interest to other
countries facing similar obstacles.
»» Read the ASH case study on Switzerland’s smoke-free air.
11
Upcoming Events
Please visit the Public Health
Law Center’s website at www.
publichealthlawcenter.org for news on
upcoming Consortium webinars and
archived recordings of past webinars.
National Association of
County and City Health
Officials Annual Conference
July 7–9, 2015
Kansas City, MO
The National Association of County and City Health Officials (NACCHO)’s
annual conference is the year’s most concentrated audience of select
local health department staff. The theme for this year’s conference is
“Envisioning the Future / Creating Our Path.” The Consortium will hold a
half-day preconference workshop July 7, 2015 on “Hot Topics in Tobacco
Control” and a Consortium attorney will present July 8 on “Preventing
Nicotine Poisoning Among Children and Youth.” The Consortium will also
have a booth at the conference, so please stop by!
»» Read more about NACCHO’s annual conference.
National Association of Local Boards of Health 2105 Conference
August 5–7, 2015
Louisville, KY
The 2015 theme of National Association of Local Boards of Health (NALBOH)
conference is “Leading the Race in Board Governance.” Conference
activities will give attendees information, skills, and resources focused
on the six functions of public health governance: policy development;
resource stewardship; legal authority; partner engagement: continuous
Improvement; and oversight. A Consortium attorney and Massachusetts
Association of Health Boards attorney Cheryl Sbarra will present August 6
on “Whacking the Mole in Tobacco Control: Kids, Cigs, E-Cigs and Cig-alikes.”
»» Read more about NALBOH’s annual conference.
American Public Health Association Annual Meeting and Exposition
Oct. 31–Nov. 4, 2015
Chicago, IL
The American Public Health Association (APHA)’s 143nd Annual Meeting
and Exposition will draw more than 12,000 public health professionals
from around the globe to network, discuss and share the latest in public
health research and policy. The theme of the meeting is “Health in All
Policies.” Several attorneys from the Consortium and Public Health Law
Center will present at this conference. Please visit us at our exhibit booth.
»» Read more about APHA’s Annual Meeting and Exposition.
Tobacco Control
Legal Consortium
William Mitchell College of Law
875 Summit Avenue
St Paul, Minnesota 55105
publichealthlawcenter@wmitchell.edu
tel: 651.290.7506
fax: 651.290.7515
Law. Health. Justice.
www.publichealthlawcenter.org
Affiliated Legal Centers
California
ChangeLab Solutions
Maryland
Legal Resource Center
for Public Health Policy
Massachusetts
Public Health Advocacy Institute
Michigan
Smoke-Free Environments Law Project
Minnesota
Public Health Law Center
New Jersey
Tobacco Control Policy and Legal
Resource Center/New Jersey GASP
New York & Vermont
Center for Public Health and
Tobacco Policy
Disclaimer: While we make every effort to
ensure the information in this newsletter is
accurate and complete, the Tobacco Control
Legal Consortium is unable to guarantee
this information. Material is provided for
informational purposes and is not intended
as legal advice. We encourage readers with
questions to consult an attorney familiar
with the laws of their jurisdictions.
Copyright © 2015
Tobacco Control Legal Consortium
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