Suchergebnisse

In 2012, a federal court of appeals struck down an FDA rule requiring graphic health warnings on cigarettes as violating First Amendment commercial speech protections. Tobacco product inserts and onserts can more readily avoid First Amendment constraints while delivering more extensive information to tobacco users, and can work effectively to support and encourage smoking cessation. This paper examines FDA's authority to require effective inserts and onserts and shows how FDA could design and support them to avoid First Amendment problems. Through this process, the paper offers helpful insights regarding how key Tobacco Control Act provisions can and should be interpreted and applied to follow and promote the statute's purposes and objectives. The paper's rigorous analysis of existing First Amendment case law relating to compelled commercial speech also provides useful guidance for any government efforts either to compel product disclosures or to require government messaging in or on commercial products or their advertising, whether done for remedial, purely informational, or behavior modification purposes.

"This book offers a new approach to teaching and learning public health law. At its heart is a "transdisciplinary" model of public health law, one that recognizes that many different kinds of professionals in public health are using law and need to have the training and skills to apply it effectively in their work: non-lawyers in public health design legal initiatives, advocate for legal reform, implement the law, and monitor and evaluate its effects. For their part, lawyers in public health law practice also do many things beyond their core job description and training in law. They work with epidemiological and behavioral data that define problems and inform legal solutions. They collaborate with others to study the law's implementation and impact. They make the case for public health in the political process. This book supports a public health law and policy course that teaches students in law schools, schools of public health, social work, and other non-JD programs to do these things-and do them collaboratively, using shared frameworks and language"--