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The Public Health Law Center’s publications are written for public health practitioners, legal professionals, advocates, policymakers and the general public. Articles are columns, editorials, opinion pieces, symposium proceedings and related articles in public health law.

The FDA’s Misplaced Priorities: Premarket Review Under the Family Smoking Prevention and Tobacco Control Act (2016)

This article, published in the journal Tobacco Control, carefully reviews FDA regulatory actions regarding new tobacco products and conclude that the FDA has not implemented the premarket review process in a manner that prioritizes the protection of public health.

Creating Accountable Communities for Health Conference Report: A Collaborative, Cross-Sectoral, and Local Approach to Health (2014)

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.

PDF icon CACH Conference Report March 2014.pdf330.14 KB

Perspectives and Next Steps in Creating a Healthier Healthcare System (2014)

This discussion guide is a companion piece to Creating Accountable Communities for Health Conference Report: A Collaborative, Cross-Sectoral, and Local Approach to Health.  It provides additional take-aways and ideas for next steps, based on the Creating Accountable Communities for Health Conference held in Duluth, MN in September 2013. 

PDF icon CACH Conf Next Steps_March 2014.pdf260.99 KB

The Land of 10000 Tobacco Products: How Minnesota Led the Way in Regulating Tobacco Products - AJPH (2013)

Overview of how Minnesota’s 2010 enactment of the Tobacco Modernization and Compliance Act addressed regulatory gaps in the state's tobacco control laws and identified ways in which future laws could be strengthened. Michael Freiberg et al., Am. J Public Health (Dec. 12, 2013).

Sodium Reduction is a Public Health Priority: Reflections on the Institute of Medicine's Report, Sodium Intake in Populations: Assessment of Evidence (2013)

CDC commentary in the American Journal of Hypertension, pointing out that reducing sodium intake is a critical public health action that will substantially reduce blood pressure and improve cardiovascular health.

PDF icon cdc-article-sodium-commentary-2013.pdf410.67 KB

Cool, Minty, and Toxic: Public Health Leaders Urge FDA to Act on Menthol Cigarettes - 2013 (Spring 2013)

A notice about the Tobacco Control Legal Consortium’s filing of a Citizen Petition on April 12, 2013, urging the U.S. Food and Drug Administration to prohibit the use of menthol as a characterizing flavor in cigarettes.

Kerry Cork, J.D.
PDF, 1.92 Mb

PDF icon tclc-art-nalbohnewsbrief-spring2013.pdf450.51 KB

Assessing the Impact of Federal and State Preemption in Public Health: A Framework for Decision Makers

Article in the Journal of Public Health Management and Practice, 2012, Authors Mark Pertschuk, JD; Jennifer L. Pomeranz, JD, MPH; Julie Ralston Aoki, JD; Michelle A. Larkin, JD, MS, RN; Marjorie Paloma, MPH

Options for State and Local Governments to Regulate Non-Cigarette Tobacco Products (2012)

This article examines deficiencies in many federal, state, and local tobacco control laws relating to OTPs, using five products as case studies. The article focuses on areas which are ripe for regulation at the state and local level. The tobacco control laws in Minnesota, which offer a unique perspective on the regulation of OTPs, are highlighted in this discussion.

Michael Freiberg, J.D.
Annals of Public Health

Kentucky Local Board of Health Sued Over Smokefree Regulation - 2011 (Spring 2011)

This article takes a look at litigation involving a smoke-free regulation passed by the Board of Health in Bullitt County, Kentucky. Kerry Cork, J.D. NALBOH NEWSBRIEF

PDF icon tclc-art-nalbohnewsbrief-spring2011.pdf803.35 KB

Looking Back from the Future: A Perspective on Tobacco - 2011 (Winter 2011)

A look at how historians will view this decade's achievements in tobacco control. Kerry Cork, J.D. NALBOH NEWSBRIEF

PDF icon article-cork-nalboh-02-11.pdf945.71 KB

Past and Prologue in One Opinion: The DOJ Racketeering Verdict Stands (Fall 2010)

This article discusses how on June 28, 2010, the U.S. Supreme Court declined to hear appeals by the Department of Justice, and the nation's largest tobacco companies, in the nearly decade-old federal government's landmark racketeering lawsuit against the tobacco industry, U.S. v. Philip Morris USA, Inc. Kerry Cork, J.D., NALBOH NEWSBRIEF.

Expanding the Field of Public Health Law and Redefining the Unacceptable


PDF icon article-cork-nalboh-05-10.pdf1.92 MB

A Warning Label for Your Apartment Building: Disclosing Smoking Policies for Multi-Unit Buildings

A Hennepin Lawyer article explaining how disclosing a smoking policy in a multi-unit building can benefit both tenants and landlords.

Warren Ortland, J.D.
Hennepin Lawyer
February 2009

To Vape or Not to Vape: Controversy Swirls Around E-Cigarettes -- 2009

This article takes a look at the controversy surrounding electronic cigarettes.


PDF icon article-cork-ecigarettes-12-09.pdf1.65 MB

A Canadian's Perspective: Limits of Tobacco Regulation

A William Mitchell Law Review article describing Canada's impressive range of tobacco control measures enacted over the last twenty-five years and expressing concern about the risk of excessive tobacco regulation promoted by tobacco control advocates who adhere to an "ideological view of appropriate interventions rather than pragmatic public health orientation." Proceedings from the Tobacco Control Legal Consortium's 2007 symposium, "Going Too Far? Exploring the Limits of Smoking Regulation."

David Sweanor, J.D.

PDF icon tclc-symposium-sweanor.pdf95.78 KB

Benefits of Smoke-Free Regulations in Outdoor Settings

Article drawing on several studies of the hazards of secondhand smoke exposure in outdoor venues, arguing that prohibiting smoking outside and inside vehicles (especially where children are at risk) or wherever people are congregated, is scientifically justified. By James L. Repace

PDF icon tclc-symposium-repace.pdf253.41 KB

Whose Life Is It Anyway? Employer Control of Off-Duty Smoking and Individual Autonomy

Article arguing that giving employers the authority to regulate the off-site smoking of their employees jeopardizes individual privacy and autonomy, and claiming that intrusive zero-tolerance tobacco regulation sets a dangerous precedent in the workplace. Lewis Maltby, J.D.

PDF icon tclc-symposium-maltby.pdf98.72 KB

Going Too Far? Exploring the Limits of Smoking Regulations

Article strongly supporting smoke-free policies in indoor venues but also expressing concern that some outdoor smoke-free policies are becoming detached from evidence of direct harm and that zero-tolerance policies may undermine the scientific credibility of the evidence base for tobacco control and alienate important public health allies. Simon Chapman.

PDF icon tclc-symposium-chapman.pdf140.77 KB

Exploring the Limits of Smoking Regulation

Overview of the diversity of opinions exchanged during the Tobacco Control Legal Consortium's symposium, "Going Too Far? Exploring the Limits of Smoking Regulation, convened at William Mitchell College of Law on October 23, 2007, and attended by national leaders in tobacco control policy, leading professionals from public health organizations, academics, and public health lawyers.

Doug Blanke, J.D. and Kerry Cork, J.D.

PDF icon tclc-symposium-blanke.pdf63.58 KB

Mandating a Tobacco-Free Workforce

Article discussing the increased health care and productivity costs of smoking employees; legal measures, such as insurance surcharges, that employers can take to regulate smoking; and the overall need for tobacco control advocates to work with business to support private-sector initiatives such as tobacco-free workforce policies. Micah Berman, J.D., and Rob Crane, M.D.

PDF icon tclc-symposium-berman-crane.pdf212.31 KB

New Federal Tobacco Control Legislation and Making History

An article that takes a look at the historic Family Smoking Prevention and Tobacco Control Act, which gave the U.S. Food and Drug administration comprehensive authority to regulate the manufacturing, marketing, and sale of tobacco products.

PDF icon article-cork-nalboh-09-09.pdf2.52 MB

Tobacco Control and Great Expectations

A look at societal expectations and tobacco control regulation, legislation and litigation.


PDF icon article-cork-nalboh-01-09.pdf1.66 MB

Putting truth into action: using the evidence for justice

A Tobacco Control journal article (15/Suppl.IV,2006) describing how the disclosure of internal tobacco industry documents resulting from the 1998 Minnesota tobacco settlement transformed the tobacco litigation environment.

Doug Blanke, J.D., Hubert H. Humphrey III, J.D.Tobacco Control

PDF icon article-blanke-tc-2006.pdf125.44 KB

(Don't) See More Butts: Preemption and Local Regulation of Cigarette Litter (2014)

Article by Tobacco Control Legal Consortium attorney Michael Freiberg that examines several state and local policy options to address cigarette butt litter, and their susceptibility to federal preemption. 37 Hamline Law Review 1, 205 (2014)