Summer 2015 Legal Update

12
Tobacco Control Legal Consortium | www.publichealthlawcenter.org Legal Update Resource Roundup The Highs and Lows of Marijuana Regulaon Leaders in Protecng 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 Contents S ummer is finally upon us. If you don’t have me to picnic, visit the beach, or go camping, no problem. You can buy your fill of vacaon flavors at your nearest tobacco or e-cigaree store — either at a brick and mortar establishment or online. In fact, no maer the season, tobacco product and e-cigaree manufacturers connue to produce seasonally inspired flavors such as watermelon, Son of a Beach, vanilla malt, popcorn, s’mores, kele corn, colas, Pizza Pia, chocolate ice cream, and pink lemonade in what are euphemiscally described as “kid-friendly flavors.” 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-cigaree flavors more than non-smoking kids. Sll, 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 Administraon prohibited the sale of all flavored cigarees (except menthol) back in 2009, manufacturers of convenonal tobacco products and e-cigarees have connued to produce products in flavors that appeal to the young. The tobacco industry has always had a vested interest in aracng youth to its products, given that nearly 9 out of 10 smokers start before Summer 2015 Connued on page 2 THE TOBACCO INDUSTRY & KIDS 1

Transcript of Summer 2015 Legal Update

Page 1: Summer 2015 Legal Update

Tobacco Control Legal Consortium | www.publichealthlawcenter.org

Legal Update

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

Contents

Summer 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.”

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

Summer 2015

Continued on page 2

THE TOBACCO INDUSTRY

&KIDS

1

Page 2: Summer 2015 Legal Update

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.

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.

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.

Cover Story: The Tobacco Industry & KidsContinued from page 1

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.

2

Page 3: Summer 2015 Legal Update

The Highs and Lows of Marijuana RegulationLessons 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.

THE TOBACCO INDUSTRY & KIDS

3

Page 4: Summer 2015 Legal Update

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.

THE TOBACCO INDUSTRY & KIDS

4

Page 5: Summer 2015 Legal Update

Maureen O’Brien, J.D., is a Staff Attorney at the Tobacco Control Legal Consortium.

If you have a question about a tobacco law-related 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!

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

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

Page 6: Summer 2015 Legal Update

Continued on page 7

Lessons from Westminster: The Proposal to Prohibit Tobacco SalesIn 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

6

Page 7: Summer 2015 Legal Update

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 from page 6

Lessons from Westminster

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

Continued on page 8

7

Page 8: Summer 2015 Legal Update

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 menthol-flavored 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.

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: ͳ New York Model Ordinance for Tobacco

Retail Licensing ͳ Tobacco Retail Licensing

» The Tobacco Control Legal Consortium’s Location, Location, Location: Regulating Tobacco Retailer Locations for Public Health

Continued from page 5

Ask A Lawyer

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 non-profit organization, this support is essential to upholding the policy once it is passed.

Continued from page 7

Lessons from Westminster

8

Page 9: Summer 2015 Legal Update

Profiles in Public Health Law

Dr. Tim McAfee: A Public Health Leader Focused on Tobacco Control

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’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

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

Dr. Tim McAfee

9

Page 10: Summer 2015 Legal Update

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.

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.

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.

Continued from page 9

Dr. Tim McAfee

“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

Maggie Mahoney, J.D.

10

Page 11: Summer 2015 Legal Update

Global Tobacco Control

Beijing’s New Tobacco Control Law Sets Example for ChinaOn 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 tobacco-related 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 ExperiencesAction on Smoking & Health (ASH) has just released a case study on smoke-free 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

Page 12: Summer 2015 Legal Update

Tobacco Control Legal Consortium

William Mitchell College of Law875 Summit AvenueSt Paul, Minnesota [email protected]: 651.290.7506fax: 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

Upcoming Events

12

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.

12