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Moving Forward when Tobacco Preemption is in Effect

Thursday, July 25, 2019

Some of the most effective tobacco control policies are developed at the local level before being replicated and often enhanced by state and other local governments. Preemption, which occurs when a higher governmental entity removes the authority of a local branch of government, threatens the ability of local public health leaders to execute their vision for tobacco control in their jurisdictions. In 2019, several state legislatures proposed measures that would preempt local jurisdictions from regulating tobacco products in some manner, demonstrating that preemption is still a crucial issue in tobacco control.

The Tobacco Control Network (TCN), a peer network of ASTHO, and the Public Health Law Center (PHLC) are organizing a three-part webinar series exploring what tobacco control stakeholders need to know about preemption and strategies to avoid it. This third and final webinar in the series will discuss opportunities to promote tobacco control and cessation at the state level when tobacco preemption limits local authority. This webinar will include a presentation from subject matter experts at the Public Health Law Center, accompanied by state level case studies from North Carolina and Oklahoma. All tobacco control stakeholders are invited to participate in this learning series.

1st Anniversary of the HUD Smoke-Free Housing Rule: Successes, Challenges, and Next Steps

Tuesday, July 23, 2019

July 2019 marks the first anniversary of the implementation of a U.S. Department of Housing and Urban Development (HUD) rule prohibiting smoking in public housing. In this webinar, public health and housing law experts provide an overview of the HUD rule, highlight legal issues that have arisen since implementation, and discuss what's next for smoke-free housing.

Introducing the New Law and Policy Coordinating Center

Wednesday, July 10, 2019

This webinar was recorded on July 10, 2019.

The Public Health Law Center (PHLC) and the American Lung Association in California (ALA) were awarded a 5-year contract by the California Tobacco Control Program (CTCP) at the California Department of Public Health to support commercial tobacco control professionals and advocates in the work to end the commercial tobacco epidemic in California. The contract for the Law and Policy Coordinating Center began on July 1, 2019.

Tobacco Industry Tactics for Passing Preemption Legislation

Monday, June 10, 2019

Some of the most effective tobacco control policies have been developed at the local level before being replicated and often enhanced by other state and local governments. Preemption, which occurs when a higher governmental entity removes the authority of a local branch of government, threatens the ability of local public health leaders to execute their vision for tobacco control in their jurisdictions.

What if Marijuana Were NOT a Schedule 1 Drug?: Legal and Policy Implications

Thursday, June 6, 2019

Under the federal Controlled Substances Act, marijuana is currently categorized as a Schedule 1 drug – that is, a drug with high potential for abuse with no currently accepted medical use in treatment in the U.S. Despite the growing number of states that legalize marijuana for medicinal purposes or recreational use, it remains a federal offense to cultivate, manufacture, distribute, sell, purchase, possess, or use marijuana. 

Why State Preemption and Local Authority Matter

Tuesday, April 30, 2019

Localities have historically been, and continue to be, at the forefront of adopting innovative tobacco control policies that have diffused to other localities and higher governmental levels. Preemption withdraws power from localities and centralizes it at higher governmental levels, thus limiting localities’ ability to prioritize their own public health agendas to meet unique local needs.

Taxing E-Cigarettes: Applying a Proven Public Health Tool to Emerging Tobacco Products

Wednesday, April 24, 2019

As a result of the explosion of JUUL products leading to an unprecedented increase in youth e-cigarette use, state and local governments are considering a variety of policy options to regulate this rapidly expanding market. Taxation has proven to be one of the most effective methods to reduce youth cigarette use. To date, however, very few states have enacted e-cigarette taxes. In response to the epidemic of youth use, many states are considering taxing e-cigarettes, but it is still not clear how best to do so.

Too Little, Too Late? The FDA’s New Enforcement Guidance

Wednesday, March 20, 2019

On March 13, 2019, the FDA issued a draft guidance document outlining its intentions to begin addressing the youth e-cigarette epidemic in a more robust fashion through enforcement of premarket review. This webinar walks through all the FDA’s proposed actions, providing context and analysis of the agency’s plan. We talk about the next steps for the FDA and the public health community, and answer questions.

This webinar has already occurred. Please use the resources below:

The FDA Tools to Tackle the JUUL Epidemic

Tuesday, February 26, 2019

According to both the FDA Commissioner and the Surgeon General, youth nicotine addiction is now an epidemic, fueled by the soaring success of JUUL and similar e-cigarettes. Although this alarm is widely shared by public health officials at all levels of government, many important regulatory tools to tackle this problem have been left unused. This 30-minute webinar focuses on federal action, describing what FDA regulation of e-cigarettes looks like currently and highlighting steps the FDA could take to significantly change the trajectory of the e-cigarette epidemic.

Unanswered Questions about the FDA’s Juul Enforcement Blitz

Wednesday, January 23, 2019

On September 12, 2018, the FDA announced “historic action,” issuing 1,300 enforcement actions against retailers for selling Juul and other e-cigarettes to minors. While robust enforcement is a critical element of the FDA’s response to the public health crisis caused by JUUL and other similar products, there is a lot of information about the FDA’s efforts that the agency did not highlight. We’ve combed through the FDA’s enforcement data to find out whether the FDA’s actions are proportionate to the public health threat posed by Juul. This 30-minute mini-webinar highlights our findings.

Where We Stand 20 Years After the Tobacco Master Settlement Agreement: Legacy and Loose Ends

Thursday, December 6, 2018

The 1998 Tobacco Master Settlement Agreement (MSA) is an accord reached between the state Attorneys General of 46 states, five U.S. territories, the District of Columbia and the four largest cigarette manufacturers in America concerning the advertising, marketing, promotion of cigarettes, and compensation for health-care costs connected to tobacco-related illness.

More about Menthol: Regulating a Toxic Flavor

Thursday, November 1, 2018

Menthol cigarettes, which continue to be used disproportionately by racial and ethnic minority smokers, LGBT smokers, and youth, are largely responsible for tobacco-related health disparities among these groups. Despite this, menthol flavored tobacco products continue to be widely available throughout the U.S. In recent years, a growing number of communities have taken steps to regulate menthol tobacco products, including restricting the sale of these products. This webinar gives a brief overview of the U.S.

Heated Cigarettes: How States Can Avoid Getting Burned

Thursday, August 30, 2018

Heated cigarettes are getting more attention as commercial tobacco product manufacturers tout their marketing success abroad and begin introducing the products into the U.S. market. Although the tobacco industry refers to them as “heat-not-burn” products, this term is a misnomer that attempts to downplay the harm of using these products. This webinar includes an overview of this category of products, describes products currently available on the U.S. market, and explains how heated cigarettes fit into a comprehensive regulatory scheme.

Healthy Food on Government Property in Kansas

Thursday, July 26, 2018

Food and drinks high in sugar, calories, and salt can cause chronic diseases such as heart disease, diabetes, and high blood pressure. A crucial step in reducing these diet-related diseases, and obesity too, is creating food environments that support healthy choices. In Kansas, public agencies offer food and beverages to thousands of employees, community members, clients, and visitors every day, providing them an important opportunity to promote healthy options.

What We Can Do To Rein in JUUL: A Policy Discussion

Wednesday, July 11, 2018

This is the second in our series of Tobacco Control Legal Consortium/Public Health Law Center webinars on the emergence of JUUL, the e-cigarette product that has become extremely popular among kids and adults alike. In this webinar, legal and policy experts discuss the recent steps that the FDA has taken to regulate JUUL and other e-cigarette products, as well as options for state and local governments to supplement and enhance federal regulation.

This webinar has already occurred. Please use the resources below:

The First Amendment and Commercial Speech—Hazardous to Public Health?

Thursday, May 31, 2018

Many public health regulations, including advertising restrictions on tobacco products and required warning labels for sugar sweetened beverages, have faced legal challenges as impermissible restrictions on protected First Amendment free speech. While these cases involve complicated issues, legal experts will provide, in easy-to-understand terms, a general overview of the First Amendment and a current assessment of how courts view different types of public health regulations in both the commercial tobacco control and the health eating and active living realms.

What’s the Hype?: JUUL Electronic Cigarette’s Popularity with Youth & Young Adults

Thursday, April 26, 2018

This webinar familiarizes participants with JUUL, a relatively new, discreet, and best-selling e-cigarette brand that is very popular among youth and young adults. Policy, legal, and advocacy experts describe JUUL and discuss concerns and emerging reports about youth and young adult use, ease of use without detection, potential health risks, and regulatory gaps and opportunities.

From Data to Policy Development: Tobacco Control Tools You Didn't Know You Needed

Wednesday, February 14, 2018

Exploring, creating, or sharing tobacco control strategies or policies?  Need the latest federal, state and local resources and data to support your work?  This webinar showcases a variety of handy online resources that anyone in tobacco control – local, state, and federal public health advocates and professionals, researchers, policymakers, attorneys, as well as private citizens – will find of use.  Presenters highlight a collection of legislative and health data found on the CDC’s State Tobacco Activities Tracking & Evaluation (STATE) system website and the Office on Sm

Preemption: Why It’s A Big Deal in Public Health

Wednesday, January 31, 2018

Preemptive policies and preemption-based legal challenges can block state and local advances in tobacco control and public health and derail important initiatives. In this first of a series of Consortium and Public Health Law Center webinars on the impact of preemption on public health and safety, public health experts provide a general background on preemption and how it has been used to weaken, impede, and defeat tobacco control, healthy eating, active living, and other public health policies.

Revising Minnesota’s Food Code: What Hunger Relief and Healthy Food Advocates and Partners Need to Know

Wednesday, January 10, 2018

Major changes are being proposed to the Minnesota Food Code for the first time since 1995. The proposed revisions address a wide range of food safety considerations impacting many areas of the food system, including food processing and preparation, sales and donation across Minnesota. Some of these changes may have particular impacts for local healthy food access and hunger relief efforts in local communities.

Healthy Food and Child Care: Mapping the Policy Environment

Tuesday, January 9, 2018

Child care providers are a vital part of healthy, thriving communities. Over half of children between the ages of zero and five spend significant time in non-parental child care. These early years are critical for healthy brain development and establishing the habits that last a lifetime. Laws and policies shape how we think of “quality” in child care settings. The Public Health Law Center completed a policy mapping project of the food policy environment for family child care settings in Minnesota.

Marijuana Mayhem: Regulatory Lessons from Tobacco Control

Wednesday, December 13, 2017

Marijuana legalization is on the minds of many U.S. policymakers these days. As state and local authorities work through the complex regulatory issues involved in legalizing this drug for recreational use, they often end up grappling with the public health consequences of product regulation. Because the legalization of marijuana is relatively new, many state and local governments have limited experience developing and implementing effective regulatory policies in this area.

A Quick Refresher: Passing Laws at the Federal, State, and Local Level

Wednesday, October 25, 2017

This Consortium webinar gives members of the tobacco control and public health community a short refresher on how laws in general – and tobacco control laws in particular – are passed at the federal, state, and local levels. Although the webinar uses examples from tobacco control, the session is of interest to all in the public health world.

From Canada to California: Building Momentum on Menthol Restrictions

Wednesday, September 20, 2017

The evidence is clear: menthol in tobacco products is a public health risk. Menthol encourages youth to smoke, makes it harder for smokers to quit and is disproportionately marketed to African Americans and other targeted populations. After years of federal inaction, local policy solutions to the problem of menthol are gaining momentum across North America. Join us for an overview of local menthol tobacco restrictions in Canadian provinces and American cities. This webinar provides an update on the Canadian menthol tobacco legislation, as well as the latest on local U.S.

Extending the Growing Season in Kansas: How Local Policies Can Support Season Extension Activities (2017)

Tuesday, June 27, 2017

Finding a year-round supply of fresh, local produce can be a challenge for communities across Kansas. Using season extension strategies to extend the growing season can help local farmers and gardeners provide a consistent supply of their crops beyond the traditional outdoor growing season. KC Healthy Kids and the Public Health Law Center are excited to announce the release of a new resource, Local Policy Options: Overcoming Barriers to Season Extension. The resource is designed to help gardeners and farmers in Kansas navigate local policy options to overcome barriers in season extension.