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The U.S. Food and Drug Administration (FDA) has the unprecedented authority to regulate tobacco products, including the power to decide whether or not a new tobacco product can be introduced to the market. This fact sheet exposes the unfortunate reality that the FDA is prioritizing the introduction of new tobacco products over the removal of potentially non-compliant products from the market.

Overview of FDA's new plan to regulate tobacco products, including best possible outcomes and potential areas of concern.

Policy options and considerations when raising the minimum legal sales age for tobacco products to 21 years.

Farm to institution policies, also called procurement policies, can be an effective mechanism to improve healthy food access and support local food systems in Kansas.

Answers to several common questions about tobacco use among members of the homeless population.

Sample language for an ordinance prohibiting the sale of tobacco products to those under the age of 21.

Brief overview of recent lawsuits filed challenging the FDA’s deeming rule as of May 26, 2017.

On May 10, 2016, the FDA issued the final rule deeming all existing and future tobacco products to be subject to the agency’s jurisdiction. This factsheet explains what this new rule means for federal tobacco regulation and what steps the FDA must still take to protect public health. Updated Nov. 7, 2017.

Guidance on possible areas where public comments might help HUD strengthen or enhance its proposed smoke-free rule.

Overview of the groundbreaking Engle v. R.J. Reynolds Tobacco Co. class action litigation and its aftermath.

Statewide voluntary health recognition programs represent a promising new model for promoting broad implementation of healthy eating and physical activity standards in out-of-school time settings. This resource explains this approach, and highlights some key considerations for implementing this approach in Florida.

Overview of steps to take and points to keep in mind when planning and analyzing a new tobacco policy. 

Answers to common questions about smoking marijuana in multi-unit residences, including federally subsized housing.

Every resident of Kansas is affected directly or indirectly by state “laws,” many of which are actually rules and regulations adopted by a state agency and not the state legislature. If you eat or work in a restaurant, you are affected by food service regulations issued by the Kansas Department of Agriculture. If you are enrolled in a public university in Kansas, state regulations determined whether you qualify for in-state tuition. If you have a child in child care, regulations issued by the Kansas Department of Health and Environment govern all aspects of the way the child care facility is operated. This document discusses the rulemaking process in Kansas.

Fact sheet providing answers to several commonly asked questions about taxing e-cigarettes and related products.

Lessons from U.S. state and local governments that have regulated or attempted to regulate menthol flavored tobacco products.

Local governments play a pivotal role in ensuring that communities have a viable transportation and recreation system that supports walking and bicycling through local policy initiatives. Under Kansas law, local governments have the authority to implement a variety of policy levers to increase opportunities for bicycling and walking and to improve health within their communities. This resource describes different types of policies that local governments can use to increase bicycling and walking within their communities.

On May 21, 2014, Minnesota Governor Mark Dayton signed legislation that will require any liquids (more commonly known as “juice” or “e-juice”) sold for use in electronic cigarettes must be in child resistant packaging. An important regulation – one of the first of its kind in the United States. But, one that also raises a number of questions.

Overview of litigation regarding New York City's ordinance prohibiting the use of coupons and discounts for tobacco products.

Overview of litigation regarding New York City's graphic warning requirement.

This resource identifies Farm to Child Care activities that can be pursued year-round, including links to activities and other resources.

This resource outlines different steps to draft an effective policy. It was developed for specifically for on-going Kansas efforts to improve the food and physical activity environment.  The tool is meant to be used in conjunction with technical assistance, including that provided by the Public Health Law Center. 

Converting railroad property to non-motorized trails provides opportunities to encourage and expand walking, bicycling, and other forms of physical activity.

Bicyclists and pedestrians use roads and sidewalks for active transportation.  Understanding how Kansas laws and traffic regulations impact bicyclists and pedestrians on roads and sidewalks is critical to ensure the safety of these users.

Bicyclists and pedestrians use many different facilities for transportation and recreation in Kansas.  Understanding the difference between recreation and transportation can help bicyclists and pedestrians access available resources to promote walking and bicycling.

Local governments regulate farmers’ markets in different ways. Some local governments use specific language to regulate farmers’ markets while others regulate farmers’ markets in the same way that other types of food establishments or businesses are regulated.  This resource provides an assessment of different ways local Kansas governments regulate farmers’ markets to support community efforts to strengthen and support new and existing farmers’ markets.

Farmers’ markets often have handbooks or specific rules for vendors that contribute to market operation.  These requirements are closely tied to the unique characteristics of a specific market as well as the needs of the individual vendors and local communities involved.  This resource provides a detailed list of different considerations a market may want to include in the market and vendor rules.

This publication lists specific questions the U.S. Food and Drug Administration is asking and information it is seeking from the public related to the agency's proposed Deeming Regulation, expanding federal regulation of tobacco products.

The FDA has issued a proposed Deeming Regulation to regulate all tobacco products. View the Consortium’s Deeming Regulation Resources.

These suggested talking points will help you craft your comments on the FDA’s proposed Deeming Regulation.

This Report discusses key themes from the Creating Accountable Communities for Health Conference held in Duluth, MN in September 2013. The Report also has a companion piece: Perspectives and Next Steps in Creating a Healthier Healthcare System.

This fact sheet provides a summary of national and regional voluntary pledge programs that focus on improving the food and beverage environments within organizational settings.

This factsheet profiles afterschool and OST guidelines that have been developed by national and regional experts to advance best practices for healthy eating and physical activity as part of a comprehensive strategy.

This factsheet provides an overview of the efforts of 21st Century Community Learning Centers (21st CCLC) to incorporate healthy eating and physical activity practices.

This factsheet focuses on opportunities to improve children’s access to healthy snacks and meals during the summer months.

This table provides an overview of policy levers and opportunities addressed in each of the Minnesota Afterschool and Out-of-School Time Toolkit for Healthy Eating and Physical Activity factsheets. The Table includes brief summaries of benefits and barriers, as well as links to guidelines and resources.

This fact sheet describes how Chicago has used its regulatory authority over child care services to improve nutrition and physical activity standards with child care settings.

This report provides a review and analysis of federal and Minnesota state laws and regulations relating to pedestrian, bicycle, and other non-motorized transportation.

This fact sheet provides a basic overview of two types of federally subsidized multi-unit housing and the government’s approach to smoke-free subsidized housing policies.

Minnesota law specifies how different types of traffic should behave when traveling throughout the state. The ability of pedestrians and bicyclists to safely and effectively travel depends on all forms of traffic understanding and following these laws. This fact sheet identifies essential rights and responsibilities of different types of traffic that support safe pedestrian and bicycle travel. 

High speed roads and wide crossings can cause walking or biking to school more dangerous and less enjoyable for students, making students are far less likely to be allowed to walk or bike to school. Establishing safe school-zone speed limits is one way to make walking and biking routes safer, providing students with opportunities for increased physical activity. This fact sheet discusses how school-zone speed limits are established so that local authorities can develop strategies to enforce these speed limits, making roads safer for children to walk or bike to school.

Across the United States, states and local communities are pursuing Complete Streets laws and policies to ensure that the state and local transportation system accommodates the needs of all types of traffic. Minnesota adopted a statewide Complete Streets law in 2010. This fact sheet discusses how Complete Streets initiatives provide a framework for bringing attention to the needs of pedestrians and bicyclists, promoting active transportation, and improving public health by increasing physical activity.

Funding roads can be expensive, making it difficult for smaller communities to finance local roads on their own. In these cases, local roads under the control of county, city, or town government may qualify for state aid distributed by the Minnesota Department of Transportation (Mn/DOT). This flow chart provides a basic overview of the project approval process that local governments must use when seeking state aid for a local road project.

Minnesota municipalities may want to provide maps to members of the public for biking, walking, or other recreational uses. These municipalities, however, may be concerned about the liability issues surrounding the use of such maps. This fact sheet discusses ways Minnesota law protects municipalities from liability for claims that arise from inaccuracies in a map which are based on certain decisions and kinds of information.

The Public Health Law Center developed a series of resources dedicated to pedestrian, bicycle, and non-motorized transportation to raise public awareness of laws and programs that support these healthy forms of transportation.

This tip sheet is an introductory roadmap for navigating food and beverage operations such as concession stands and snack bars, and highlights ways to maximize efficiencies as well as incorporate healthier options.

This resource identifies how waivers and releases can be used as part of a comprehensive risk management strategy for liability relating to recreational activities.

This resource outlines the 2012 Minnesota Legislature that created a new immunity limiting school district liability for recreational activities on school properties.

This resource outlines Minnesota statutory damage cap laws and how these limit how much someone can recover from a municipality.

The FDA released a scientific evaluation of the health effects of menthol cigarettes and wants public input. Comments are due November 22, 2013.

General overview of the foster care regulatory landscape in Minnesota.

Bibliography containing select listing of latest research studies and literature on thirdhand smoke, including brief descriptors and links, where available.

This factsheet provides basic information for “non-traditional” colleges and universities to consider when implementing tobacco-free policies.

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for an active classroom.

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for creating and sustaining a School Health Council.

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for healthy concessions policies.

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for school garden policies

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for robust physical education policies.

Safe Routes to School (SRTS) is a movement focused on increasing the number of children who walk or bike to school. Safe Routes to School initiatives can include both policies and programs that support safe, efficient, and enjoyable opportunities for children to walk or bike to and from school.

Fact sheet that explains the concept of a smoking policy disclosure ordinance or statute, and reviews benefits and concerns that authorities might want to keep in mind when considering such measures.

This fact sheet provides an overview of key legal and practical considerations impacting the operation of federal school nutrition programs to support efforts obtain nutritious food for these programs.

This is a list of key resources providing background information on the operation of federal school nutrition programs, including school procurement practices, collective purchasing, food safety, USDA Foods, Farm to School initiatives, and others. 

This fact sheet explains how sugary drinks contribute to obesity.

This fact sheet identifies the key points of access to drinks within a healthcare facility.

This fact sheet explains how healthcare facilities are uniquely situated to both lead and benefit from healthy beverage programs.

This fact sheet discusses some of the common misperceptions about the potential financial impact of healthy beverage programs.

Options that states and local governments could consider in regulating tobacco products at the point of sale.

Fact sheet describing implications of 2012 federal policy that classifies as tobacco manufacturers retailers who make RYO tobacco machines available to consumers.

This fact sheet outlines the essentials of preemption as it relates to public health and grassroots movement building.

This graphic outlines the strategies for building a grassroots public health movement.

Overview of preemption and how it applies in the tobacco point-of-sale context.

Overview of problems of tobacco use in U.S. adult correctional facilities, cost impact of tobacco use by the correctional population, challenges and obstacles faced by facilities in implementing tobacco-free policies, and guidelines for developing effective tobacco policies in U.S. correctional facilities.

Basic information about the taxation of cigarettes and non-cigarette tobacco products, including the public health rationale for tobacco tax increases, policy options for raising taxes, and tobacco industry political and marketing tactics in reaction to tax increases.

Overview of the federal tobacco restrictions that impact the retail environment, with a focus on provisions in the Family Smoking Prevention and Tobacco Control Act and related regulations. This fact sheet also includes policy options that states and many local governments can consider to further restrict tobacco in retail settings.

One key strategy for promoting increased physical activity is to open school property for recreational use by the community during non-school hours.  Whether real or misplaced, liability can be a key perceived barrier.  State laws relating to school liability are complex, and vary from one state to another. This document was created to outline key concepts to consider when assessing whether to clarify or change state liability protections and provides sample language to use as a staring place for state policy change.  

Overview of the Federal Trade Commission's role in enforcing tobacco product laws.

Answers to frequently asked questions about the terms used to describe the tobacco industry's price-related marketing strategies.

Concerns about liability can keep schools from implementing policies that might be beneficial to students or community members. This fact sheet provides an overview of liability and how Minnesota schools can use the law to protect themselves when implementing healthy eating and physical activity policies.

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to Healthy Fundraising.

Fact Sheet - Summer 2011
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This fact sheet provides an overview of how school zone speed limits are established, and information on how communities can develop strategies to enforce these speed limits, making roads safer for children who choose to walk or bike.

The Public Health Law Center developed model language to be used as a tool for cities and counties to use in the promotion of community gardens on both public and private land.

This fact sheet highlights the scientific evidence linking consumption of surgar drinks to obesity and highlights pricing policies available to reduce consumption of sugar drinks.

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including how to submit comments to the United States Department of Agriculture (USDA).

Results of a survey of 17 property managers of owner-occupied common interest
communities (condos, townhomes, and other owner-occupied attached housing) in Minnesota.

These checklists are useful tools in the policy drafting and review process. The first checklist contains the steps in policy planning and drafting. The second checklist contains the elements that should be included in a policy. The final checklist contains questions for review of the policy to ensure that it is effective and comprehensive. Not every item will be relevant to every policy, but all should be considered.

NPLAN & Public Health Law Center
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NPLAN & Public Health Law Center
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This fact sheet provides a summary of bike and pedestrian laws in Minnesota.

New policies preempting local or state regulation can have a profound effect on public health, and language indicating “preemptive intent” can appear in many different forms. This fact sheet is designed to help advocates spot preemptive intent so that they can address it as new policies are negotiated. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

This fact sheet explains what the legal concept of preemption means and how to spot it in a proposed law so that advocates can participate fully in policy discussions. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

Fact sheets and other materials addressing complex legal issues raised by the new federal tobacco legislation.

An overview of the seven currently available FDA-approved tobacco cessation medications that increase long-term tobacco use quit rates.

An overview of tobacco cessation counseling, a key strategy for providing support to individuals during their attempts to quit smoking.

Establishing policies that support healthy vending and food service in public spaces in Kansas can increase community access to healthy food and beverages. Successfully implementing a healthy vending policy on public property, however, requires an understanding of the federal Randolph-Sheppard law and its Kansas counterpart. These laws give legally blind vendors a preference in operating food outlets, such as vending machines and concessions, on some government property. This resource explains these laws and how they can influence initiatives to provide healthier food environments on public property in Kansas.

Overview of state and federal laws and other measures that attempt to prevent the online sale of tobacco to youth.

Federal and state laws restrict the distribution of some tobacco product samples and limit the smoking and use of these products in some locations. However, not all retailers and products are subject to these restrictions. Fortunately, local governments can adopt more restrictive regulations that address samples and sampling.

Licensing is a tool that local governments use to regulate businesses to help ensure compliance with the law. Cities and counties incur costs when administering and enforcing those regulations. A retail tobacco license fee allows cities and counties to recover their costs by placing the financial burden on those creating them – the retailers and their customers. When the fee isn’t sufficient, community residents are essentially subsidizing the sale of tobacco.

Summary of select flavored tobacco restrictions from around the world.

This resource outlines how the current child care licensing laws in Florida address nutrition, breastfeeding, active play, and screen time.

Fact Sheet - Summer 2011
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The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to Healthy Classrooms.

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to No Food as a Reward/Punishment.

Information on designing effective tobacco control programs for blue collar workers.

An overview of secondhand smoke and its health consequences.

Information on how blue-collar workers are disproportionately affected by tobacco use, and how smoking multiplies the risk of lung cancer from asbestos exposure.