From the Public Health Law Program, Office of Strategy and Innovation, CDC
http://www2a.cdc.gov/phlp/

Announcements

*** Influenza A (H1N1) Legal Resources. The CDC Public Health Law Program has developed a collection of legal resources, including primary state documents, related to the H1N1 outbreak. Visit http://www2a.cdc.gov/phlp/H1N1flu.asp and contact Rachel Weiss, rweiss@cdc.gov, to share documents or other resources.

*** Congressional Hearing on Imported Drywall (5/21). The U.S. Senate Committee on Commerce, Science & Transportation Subcommittee on Consumer Protection, Product Safety, and Insurance will hold a hearing on the health and safety issues associated with imported drywall on May 21, 2009. The hearing will be held at 10:30 a.m. ET. For more information, please visit http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=7036283d-9d1e-4954-8903-b851ba32a49e.

*** Tobacco Law Newsletter. The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available online. The spring 2009 issue features the latest information on proposed legislation granting the U.S. Food and Drug Administration the authority to regulate tobacco products and information on several tobacco-related lawsuits. To view the newsletter, visit http://tclconline.org/documents/legal-update-spring-2009.pdf.

*** Food Safety Report. The Food Safety Research Consortium has released Stronger Partnerships for Safer Food: An Agenda for Strengthening State and Local Roles in the Nation's Food Safety System. To view the full text of the report, visit http://www.thefsrc.org/State_Local/Stronger_Partnerships_Report.pdf.

*** Crime and Safety in U.S. Public Schools Report.  A First Look report released this month uses data from the 2007-08 School Survey on Crime and Safety (SSOCS) to examine a range of issues on school crime and safety. To view full report, visit: http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2009326.

*** Louisiana Emergency Preparedness Report. The Disaster Accountability Project has released a report entitled Southern Louisiana Emergency Preparedness. To download the full text of the report, visit: http://blog.disasteraccountability.com/wp-content/uploads/2009/04/emerg_plan_full_041709a.pdf.

*** California Tobacco Laws Report. The Technical Assistance Legal Center (TALC) has released Tobacco Laws Affecting California 2009, which contains a comprehensive overview of tobacco-related laws in effect as of February 1, 2009. To download the report, visit http://talc.phlpnet.org/pdf_files/0007.pdf.

*** State Legislated Actions on Tobacco Issues Report. The 2008 edition of the American Lung Association's State Legislated Actions on Tobacco Issues (SLATI) report has been released. The SLATI report tracks state tobacco control laws on an ongoing basis. To view the full report, visit http://slati.lungusa.org/reports/SLATI_2008_Final_online.pdf.

Top Story

1. H1N1: Mexico opens for business under strict rules

States and Localities

2. H1N1: Outbreak focuses states' flu response

3. Louisiana: Civil lawsuit over Katrina begins

4. States: Hoping to make food safer, states decide to go it alone

National

5. Bus safety rules are long overdue, Board says

6. EPA will mandate tests on pesticide chemicals

Influenza A (H1N1) Reports

News reports from April 25, 2009 to May 14, 2009 highlighting legal issues and actions during the influenza A (H1N1) response

Briefly Noted

Colorado cyclist protection law · Hospital infection reporting · Florida primary seatbelt law · Georgia inmate healthcare costs · Super-speeders law · Gulf Coast FEMA trailer deadline · Indiana school discipline · Massachusetts ER visits · Menu calorie counts · Minnesota BPA baby bottle ban · Mississippi suicide training for teachers · New York prescription information in multiple languages · Ohio popcorn lung lawsuits · Pennsylvania Amish outhouse dispute · Utah migrant health reform bill · Utah STD partner treatment · Wisconsin bathroom access law · Wisconsin city sick-leave trial · United Kingdom corporate manslaughter suit · Obituary: James Kreppner

Journal Articles

Trans fat coverage · Nutrition information access · H1N1 influenza and international law · Emergency liability protection · Underage cigarette sales laws · Privacy rules and health information · War on fat · Taxing sugared beverages · Vaccine refusal and mandatory immunization · Public health surveillance and equal protection

Court Opinions

Minnesota phosphorus effluent rule · Federal nonconsensual drug experiments · Federal condemnation ordinance · Federal tribal self-determination · Federal clean truck programs · Canada SARS suits

Quotation of the Month

Guadalupe Loaeza, Mexico City resident

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Mexico opens for business under strict rules

USA Today     (05/06/09)     Sergio Solache

The government of Mexico received praise from the World Health Organization for its rapid response to the influenza A (H1N1) outbreak, which included shutting schools and businesses across the country. Most businesses reopened on May 6 to an array of complex new health restrictions. Among the new rules: patrons must leave two empty seats between each other at movie theaters; restaurant waiters are forbidden from wearing ties (deemed by the government a "reservoir for germs"); and Mexico City restaurants must not operate above 50 percent capacity. Some business owners complained that the government was overreacting. "Let's say that a father, mother and two children come [to the movie theater] in the same car ... and now they're saying that, when they get to the theater, they have to spread out? It's ridiculous," said Victor Sanchez, of Cinemark, which has 30 movie theater complexes across Mexico. But patrons seemed less troubled by the restrictions. "It seems fine. Maybe it'll help a little to keep us from getting sick," said Daniel Rangel who was one of only two diners in a Mexico City restaurant during peak lunch hour.

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Outbreak focuses states' flu response

Stateline.org     (05/06/09)     Daniel C. Vock

State pandemic preparedness plans were put to the test during the recent and ongoing influenza A (H1N1) outbreak, particularly in the areas of school closure and undocumented and migrant workers. With the virus spreading easily among humans in at least 44 U.S. states, officials shut schools in many locales. In Texas, school boards closed more than 800 schools. In Maryland, where the Secretary of Health and Mental Hygiene determines school closure, seven schools in the Washington D.C. area were closed. Paul Jarris, executive director of the Association of State and Territorial Health Officials, cautioned states to pay extra attention to the issue of uninsured and undocumented residents who have no access to health care, and to migrant farm workers who move between states.

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Civil lawsuit over Katrina begins

New York Times     (04/21/09)     John Schwartz

Judge Stanwood Duval Jr., of the U.S. District Court for the Eastern District of Louisiana, is currently hearing claims by property owners in New Orleans against the Army Corps of Engineers. The six plaintiffs say the Army Corps of Engineers built a poorly designed navigation canal - the Mississippi River-Gulf Outlet (known locally as "Mister Go") - which amplified the destructive effects of Hurricane Katrina. Duval's decision to let the case go forward rests on the 1971 decision Graci v. United States, which held that the government can be found liable for flooding caused by a federal project unrelated to flood control. The precedent will place the burden on the plaintiffs to show that the government was negligent in building the canal, and that the negligence - not the hurricane - was the cause of the damage. For its part, the government will argue that Hurricane Katrina would have caused the devastation regardless of the canal. The trial is expected to last four weeks.

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Hoping to make food safer, states decide to go it alone (subscription required)

Wall Street Journal     (05/12/09)     Jane Zhang

State and local lawmakers are adopting tough new food safety laws to address concerns raised by recent outbreaks of food-borne illnesses across the nation. Georgia, Idaho, and Oregon are among at least a dozen states working quickly to enact laws that would authorize licensing fees to help pay for food safety inspections, improve food processor internal testing report times, and increase fines for food safety violations. But food industry groups have voiced concerns that a patchwork of regulations will create costly and unnecessary hassles for food makers and distributors. "It's a good thing states are trying to raise the bar and improve food safety, but it needs to be looked at carefully," said Robert Brackett, of the Grocery Manufacturers Association, a trade group. "It should really lead to a national system." Consumer groups applauded the states' efforts, while state lawmakers recognized the need to strengthen protections in their own jurisdictions. "It's a tremendous public health issue," said Oregon state Sen. Ginny Burkick. "We have to provide strong incentives for the whole food chain to behave responsibly and protect the public's health."

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Bus safety rules are long overdue, Board says

Washington Post     (04/22/09)     Sholnn Freeman

Last month, the National Transportation Safety Board (NTSB) unanimously voted to cite the National Highway Traffic Safety Administration (NHTSA) for failing to implement safety recommendations that could lead to new safety equipment on buses. The vote came after a fatal bus rollover crash in Utah in 2008, one of a string of bus accidents involving passenger ejections. "It's like looking at NHTSA back in the '60s," said Mark V. Rosenker, acting chairman of the NTSB. "They began to make great improvements in our automobiles, but virtually nothing has been done in motorcoaches for decades. I suggest maybe this accident will be a call to action."

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EPA will mandate tests on pesticide chemicals

Washington Post     (04/16/09)     Juliet Eilperin

Beginning this summer, the U.S. Environmental Protection Agency (EPA) will require pesticide manufacturers to test 67 ingredients to determine if they are endocrine disruptors. Endocrine disruptors regulate the growth, metabolism, and reproduction of humans and nonhumans, and "can cause lifelong health problems, especially for children," said EPA Administrator Lisa P. Jackson. "It's been a long time coming," said Jay Vroom, president and chief executive of CropLife America, a trade association. "For pesticides, we think the likelihood is extremely low we'll have any concerns come to the surface." According to Vroom, EPA indicated in an April 3 letter that it would leave open the possibility of allowing the industry to use computer modeling rather than relying exclusively on laboratory animal testing. Vroom added that he believed the agency would be willing to lower the number of lab animals currently required for testing chemicals. Linda Phillips, manager of EPA's Endocrine Disruptor Screening Program, estimated that it will take about two years to obtain data from the manufacturers, and that it may take the agency another year to make final determinations about the affect of certain chemicals on hormone disruption.

______________INFLUENZA A (H1N1) REPORTS_______________

May 14, 2009

New York: Officials cite 5 new cases for decision to close schools

Three NYC schools closing for week over H1N1 flu

CNN     (05/14/09)

May 12, 2009

Canada: Quarantine frustrates family

Alberta pig farmer wants herd destroyed

Calgary Herald     (05/12/09)     Darcy Henton

May 11, 2009

Texas: Widower files suit against Mexican pig farm's U.S. owner

Suit filed over swine flu death

San Antonio Express-News     (05/13/09)     Lynn Brezosky

May 9, 2009

Oregon: Law to protect jobs doesn't cover healthy kids sent home from closed schools

School flu closures point up holes in sick-leave policies

The Oregonian     (05/09/09)     Paige Parker

May 7, 2009

Washington D.C.: Internet facilitates lessons during closure

The three R's thrive in swine flu outbreak

Washington Post     (05/07/09)     Daniel de Vise

May 6, 2009

Mexico: Rules are imposed as concerns about H1N1 flu persist

Mexico City's restaurants reopen

Washington Post     (05/07/09)     William Booth and Joshua Partlow

May 4, 2009

Japan: Gowned, goggled officials hold passengers aboard flight

Japan inspecting airliners for flu victims

Washington Post     (05/04/09)     Blaine Harden

May 3, 2009

Egypt: Pig farmers gather against order to slaughter healthy and sick pigs

Egyptian farmers protest mandatory swine slaughter

CNN     (05/03/09)     Amir Ahmed

May 1, 2009

Ohio: National Guard protecting 430,000 courses of Tamiflu provided by the federal government

Ohio National Guard protecting Tamiflu shipment

Dayton Daily News     (05/01/09)     William Hershey

National: Over two dozen states have not stocked necessary antivirals to treat swine flu victims

Many states do not meet readiness standards

Washington Post     (05/01/09)     Kimberly Kindy

Hong Kong: "Emergency" alert leads to quarantine, increased border measures and surveillance

1 swine flu case leads to 340 quarantines in Hong Kong

CNN     (05/04/09)     Elizabeth Yuan

April 30, 2009

Massachusetts: Classes suspended on medical campus after student falls ill

Flu fear shuts Harvard dental

Boston Globe     (05/01/09)     Stephen Smith

Massachusetts: Influenza precaution trumps graduation tradition

Northeastern asks grads to hold the handshakes

Boston Globe     (05/01/09)     Tracy Jan

Texas: City cancels or postpones programs and outdoor events for possible spread of H1N1 flu

Forth Worth events canceled out of concern for swine flu

Star-Telegram     (05/01/09)    

Texas: Experts confer over health laws, quarantine rules

What legal issues arise if swine flu spreads?

Houston Chronicle     (04/30/09)     Mary Flood

National: Educational officials close nearly 300 schools nationwide over H1N1 flu

Hundreds of schools, most in Tex., shut

Washington Post     (05/01/09)     Maria Glod and Daniel de Vise

National: Health departments and hospitals are shifting into emergency mode

States, hospitals roll out emergency plans

USA Today     (04/30/09)     Donna Leinwand

Egypt: President orders immediate slaughter of all herds of pigs in Egypt

Pig owners outraged over Egypt's decision to slaughter all beasts

Australian     (05/01/09)    

Mexico: President orders only essential businesses and key government workers to stay on

Mexico shuts all unessential services

Irish Times     (05/01/09)     Harvey Morris, Stanley Pignal and Frances Williams

International: Delays in disease reporting keep outbreak from the attention of authorities

System set up after SARS epidemic was slow to alert global authorities

Washington Post     (04/30/09)     David Brown

April 28, 2009

Mexico: Health authorities urge residents to eat at home to prevent the spread of the deadly virus

Mexico City shuts down taco stands amid swine flu

Associated Press     (04/29/09)     David Koop

April 27, 2009

Asia: Government draws from SARS experience to contain the new H1N1 flu virus

Asian nations move quickly to check virus

Wall Street Journal     (04/28/09)     Peter Stein and Gordon Fairclough

April 25, 2009

Mexico: Government grants itself powers to quarantine, forcibly treat patients

Swine flu outbreak declared 'public health emergency'

Los Angeles Times     (04/26/09)     Tracy Wilkinson and Thomas H. Maugh II

_____________________BRIEFLY NOTED______________________

Colorado: Governor signs law aimed at protecting cyclists

Bill protecting bicyclists signed into law by Ritter

Denver Post     (05/12/2009)    

Colorado: Law to make infection data public shows promising results

Infection data spur changes at hospital

Denver Post     (05/12/2009)     Jennifer Brown

Florida: State tightens rule on seat-belts; police can ticket adults who don't buckle up

Crist signs Florida's new seat-belt law

Florida Times-Union     (05/07/2009)     Brandon Larrabee

Georgia: Prisons now have the power to charge inmates for medical cost of their care

Perdue OK's charging inmates for health care

Associated Press     (04/22/2009)    

Georgia: Georgia drivers face new fines for speeding

Perdue signs 'super-speeders' law

Associated Press     (05/05/2009)    

Gulf Coast: Another deadline nears for residents of FEMA trailers

Post-Katrina trailer residents fearful as eviction day looms

Los Angeles Times     (05/06/2009)     Richard Fausset

Indiana: Teachers have legal defense when disciplining students

New state law aims to help teachers control unruly students

The Times     (05/12/2009)     Carmen McCollum

Massachusetts: Questions arise surrounding healthcare law's impact on overuse

ER visits, costs in Mass. climb

Boston Globe     (04/24/2009)     Liz Kowaczyk

Massachusetts: New law attempts to alter eating habits and combat obesity epidemic

Massachusetts adopts rules for calorie counts on menus (subscription required)

Wall Street Journal     (05/14/2009)     Keith J. Winstein

Minnesota: Minnesota becomes first state to outlaw sale of items containing BPA

State bans chemical in baby bottles

Star Tribune     (05/09/2009)     Bob Von Sternberg

Mississippi: Law requires suicide prevention training for upcoming year

Miss. to train teachers in suicide prevention

Associated Press     (04/17/2009)    

New York: State mandates prescription information in the customers' primary languages

Pharmacies agree to provide prescription data in many languages

New York Times     (04/22/2009)     Kirk Simple

Ohio: Factory workers claim lung disease from making microwave popcorn

'Popcorn lung' cases piling up

Cincinnati Enquirer     (04/17/2009)     David Holthaus

Pennsylvania: Battle over outhouse regulations at impasse

Collision of cultures: Amish face punishment rather than comply with regulations

Tribune-Democrat     (05/17/09)     Kathy Mellott

Utah: Health care providers feared SB 81 would curtail vital health services to immigrants

Law won't impact migrant health

Salt Lake Tribune     (05/07/2009)     Heather May

Utah: New law allows doctors to prescribe STD treatments to patients' partners

Utahns may now be treated for STDs without seeing a doctor

Salt Lake Tribune     (05/12/2009)     Heather May

Washington: Governor signs bill that increases access to business bathrooms

Gregoire signs bathroom access bill

Seattle Times     (05/12/2009)    

Wisconsin: Rivals of Milwaukee's paid sick leave ordinance face off in court

Milwaukee's sick-day ordinance to get hearing

Milwaukee Journal Sentinel     (05/09/2009)     Georgia Pabst

United Kingdom: Corporate manslaughter legislation sees first prosecution

Safety must be central focus as legal landscape grows more complex than ever

The Western Mail     (05/13/2009)     Barry Sion

Obituary

Canada: Blood safety advocate used his legal skills to help others

James Kreppner, lawyer and hemophilia advocate, dies at 47

The Globe and Mail     (05/16/2009)     Sandra Martin

___________________JOURNAL ARTICLES____________________

News coverage and sales of products with trans fat: effects before and after changes in federal labeling policy (subscription required)

American Journal of Preventive Medicine    (05/09)     Jeff Niederdeppe and Dominick L. Forsch

An observational study of consumers' accessing of nutrition information in chain restaurants (subscription required)

American Jrnl of Public Health    (05/09)   Christina Roberto, Henry Agnew, and Kelly Brownell

Update on emergency liability protection for volunteer entities

Biosecurity and Bioterrorism     (03/09)     Gene Matthews and Milissa Markiewicz

Enforcement of underage sales laws as a predictor of daily smoking among adolescents (subscription required)

BMC Public Health     (04/09)     Joseph DiFranza, Judith Savageau, and Kenneth Fletcher

Crossed Wires: How yesterday's privacy rules might undercut tomorrow's nationwide health information network (subscription required)

Health Affairs     (04/09)     Michael Greenberg, Susan Ridgely, and Richard Hillestad

New York City's war on fat (subscription required)

New England Journal of Medicine     (05/09)     Michelle Mello

Ounces of prevention - the public policy case for taxes on sugared beverages (subscription required)

New England Journal of Medicine     (04/09)     Kelly Brownell and Thomas Frieden

Vaccine refusal, mandatory immunization, and the risks of vaccine-preventable diseases (subscription required)

New England Journal of Medicine     (05/09)     Saad Omer and others

Will the use of racial statistics in public health surveillance survive equal protection challenges? (subscription required)

North Carolina Central Law Review     (2008)     Christopher Ogolla

___________________COURT OPINIONS____________________

Minnesota: Phosphorus effluent discharge rule found valid

Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency et al.

Court of Appeals of Minnesota

No. A08-1198

Filed May 12, 2009

Opinion by Judge Lawrence T. Collins

Federal: Nigerian drug experiment cases allowed to go forward

Abdullahi v. Pfizer

U.S. Court of Appeals for the Second Circuit

Docket Nos. 05-4863-cv (L), 05-6768-cv (CON)

Decided January 30, 2009

Opinion by Judge Barrington D. Parker

Federal: Challenge to city 'unfit for human use or habitation' ordinance fails

Bolden v. Topeka

U.S. Court of Appeals for the Tenth Circuit

No. 08-3139

Filed May 1, 2009

Opinion by Circuit Judge Harris L. Hartz

Federal: Court lacks jurisdiction to hear self-determination dispute

Southern Ute Indian Tribe v. Leavitt

U.S. Court of Appeals Tenth Circuit

No. 07-2274

Filed May 4, 2009

Opinion by Chief Judge Robert H. Henry

Federal: Motion to enjoin ports' Clean Truck Programs denied

Federal Maritime Commission v. City of Los Angeles

U.S. District Court for the District of Columbia

Civil Case No. 08-1895 (RJL)

Filed April 15, 2009

Memorandum Opinion by Judge Richard J. Leon

Canada: Provincial government did not owe private law duty of care to SARS nurses

Abarquez v. Ontario

Court of Appeal for Ontario

Docket: C48011

2009 ONCA 374

Released May 7, 2009

Opinion by Judge Robert Sharpe

[Editor's note: see Williams v. Ontario, 2009 ONCA 378 (May 7, 2009), infra, for discussion]

Canada: Provincial government did not owe private law duty of care to SARS patient

Henry v. Scarborough Hospital

Court of Appeal for Ontario

Docket: C48012

2009 ONCA 375

Released May 7, 2009

Opinion by Judge Robert Sharpe

[Editor's note: see Williams v. Ontario, 2009 ONCA 378 (May 7, 2009), infra, for discussion]

Canada: Provincial government did not owe private law duty of care to SARS patient

Jamal v. Scarborough Hospital

Court of Appeal for Ontario

Docket: C48013

2009 ONCA 376

Released May 7, 2009

Opinion by Judge Robert Sharpe

[Editor's note: see Williams v. Ontario, 2009 ONCA 378 (May 7, 2009), infra, for discussion]

Canada: Provincial government did not owe private law duty of care to SARS nurse, son

Laroza v. Ontario

Court of Appeal for Ontario

Docket: C48010

2009 ONCA 373

Released May 7, 2009

Opinion by Judge Robert Sharpe

[Editor's note: see Williams v. Ontario, 2009 ONCA 378 (May 7, 2009), infra, for discussion]

Canada: Provincial government did not owe private law duty of care to SARS patient

Williams v. Ontario

Court of Appeal for Ontario

Docket: C44220

2009 ONCA 378

Released May 7, 2009

Opinion by Judge Robert Sharpe

__________PHL NEWS QUOTATION OF THE MONTH___________

"You ask for a glass of water, and three waiters will bring it to you."

-- Guadalupe Loaeza, Mexico City resident, on the enthusiastic reopening of Mexico's restaurants following their closure during the influenza A (H1N1) outbreak. [See Briefly Noted item, above.]

___________________________________________________________

The CDC Public Health Law News is published the third Wednesday of each month except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge. News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions reported in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

For past issues or to subscribe to the CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial Advisor. Special thanks to Emily McCormick, Public Health Prevention Specialist, for her generous assistance with this month's issue.