_______________________________________________________________

Wednesday,  June 17, 2009

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

Announcements

*** Goodbye. Readers, it is with nostalgia that Editor, Rachel Weiss, and Editorial Advisor, Karen (McKie) Leeb, bid you a farewell. Rachel will soon be taking a position at CDC's National Institute for Occupational Safety and Health; Karen will be joining CDC's Office of the Chief Science Officer. We have both enjoyed bringing you the latest news in public health and law over the years, and hope that we will have many more opportunities to work with you in the future.

*** Hello. The CDC Public Health Law News is pleased to welcome Acting Editor Lindsay Culp. Lindsay is a third-year law student at Georgia State University. She received her MPH in 2002, and has worked in CDC's National Center for Chronic Disease Prevention and Health Promotion and the National Center for Birth Defects and Developmental Disabilities. Please feel free to drop Lindsay a line and welcome her to the public health law community, and be sure to send all forthcoming announcements or content ideas to LCulp@cdc.gov.

*** Tribal SNS Resource Guide. A resource guide for American Indian and Alaska Native Government leaders, Preparing Tribal Nations to Receive Strategic National Stockpile Assets, has been issued by CDC and the Indian Health Service (IHS). The brochure encourages AI/AN governments  to work with state and local partners and the IHS to plan for sharing SNS assets during a public health emergency. For more information about the guide, visit http://www2a.cdc.gov/phlp/mutualaid/index.asp.

*** Prescription Drug Overdose Meeting Proceedings. CDC's National Center for Injury Prevention and Control and Public Health Law Program hosted a meeting in December, 2008, entitled "Promising Legal Responses to the Epidemic of Prescription Drug Overdoses in the United States." Visit http://www2a.cdc.gov/phlp/pdo.asp to access the full text of the meeting's proceedings.

*** Virginia General Assembly Autism Report. The Joint Legislative Audit and Review Commission to the Governor and the General Assembly of Virginia has released a report entitled Assessment of Services for Virginians With Autism Spectrum Disorders. To read the full text of the report, visit http://jlarc.virginia.gov/meetings/June09/Autism.pdf. 

*** Report on Paid Sick Days. The National Partnership for Women & Families has released A Health Impact Assessment of the Healthy Families Act of 2009. The report finds that passing the Healthy Families Act, which would let employees at firms with at least 15 employees earn up to seven paid sick days a year, would have a profoundly positive effect on public and individual health. For the full text of the report, please visit http://www.nationalpartnership.org/site/DocServer/WF_PSD_HFA_HealthImpactAssessment_HIA_
090611.pdf?docID=5101.

*** Job Opening: Research Assistant, Harvard School of Public Health. Faculty members in the Department of Health Policy and Management at the Harvard School of Public Health seek an energetic and organized individual to assist multidisciplinary health policy and health services research teams in implementing complex research projects addressing the impact of legal, policy, and organizational changes on health care delivery and health outcomes. For details and application instructions, please visit http://jobs.harvard.edu/jobs/summ_req?in_post_id=41078. 

*** Call for Suggestions for RWJF Study on Local Health Departments and the Law. A program initiated by the Robert Wood Johnson Foundation and assisted by the National Association of County and City Health Officials (NACCHO) and the Harvard School of Public Health is seeking innovative local health department programs that have used the law to improve public health. If you are aware of interesting local programs, or have questions about the study, please contact the study leader, Professor Michelle Mello of the Harvard School of Public Health, mmello@hsph.harvard.edu. 

*** Tobacco Retailer Licensing Model Law. The Technical Assistance Legal Center and the Center for Tobacco Policy & Organizing have released the Model California Ordinance Requiring a Tobacco Retailer License. The model law is available at http://talc.phlpnet.org/pdf_files/0018.pdf.

*** Amendments to Minnesota's Emergency Preparedness Laws. The Minnesota Legislature recently passed Senate Files 1462 and 457 (codified at Minnesota Laws 2009, chapters 41 and 72). Chapter 41 amended isolation and quarantine, mass dispensing, and pharmacy laws. Chapter 72 amended the 2008 Minnesota Responds Medical Reserve Corps Law by adding two provisions from the Uniform Emergency Health Volunteers Protections Act. For the official text of chapter 41, please visit https://www.revisor.leg.state.mn.us/laws/?id=41&year=2009&type=0. For the official text of chapter 72, please visit https://www.revisor.leg.state.mn.us/laws/?id=72&doctype=chapter&year=2009&type=0. 

*** Arkansas Uniform Emergency Volunteer Health Practitioners Act. The Arkansas Legislature recently passed Act 432, the Uniform Emergency Volunteer Health Practitioners Act. For the full text of the act, please visit http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act432.pdf.

*** NACCHO Workshop (7/29). The National Association of County and City Health Officials (NACCHO) will host a workshop entitled "Public Health 101 for Non-Lawyers: Using the Law as a Tool to Protect and Promote the Public's Health" on July 29, 2009 from 8:00 a.m. to 4:30 p.m. ET in Orlando, Florida. For additional information, please visit http://www.naccho.org/topics/infrastructure/PHLaw/index.cfm.

Top Story

1. Nevada: Vegas Hepatitis C outbreak spurs new laws

States and Localities

2. Connecticut: General Assembly votes to protect doctors treating Lyme disease

3. Maine: Inmates isolated as swine flu cases rise at county jail

4. Maine: Maine targets mercury in bulbs

National

5. Congress sends Obama bill to regulate tobacco

International

6. China: New law on food safety faces delays before it can deliver

7. India: Picture imperfect: graphic warning on tobacco products

Briefly Noted

Connecticut ban on owning large primates · BPA ban · Georgia pool safety standards · School vaccination regulations · Illinois EPA tainted well investigation · Indiana fire-safe cigarettes · Louisiana helmet law  · Montana abstesos emergency declaration · New York school closure consequences · School flu privacy rules · Washington H1N1 reporting · National electronic cigarettes · Water at Camp Lejeune · Greenhouse-gas bill ·  Peanut Corporation claims · Tobacco bill challenges · Detention facility visits · Australia employer health and safety fines · Canada urban chicken coops · England goggles banned · Jordan fast food smoking bans · New Zealand H1N1 notifiable disease · Taiwan Hepatitis B screening · Obituary Kathryn R. Mahaffey

Journal Articles

Written consent and HIV testing · Cigarette excise taxes · Underage cigarette sales laws · Emergency response and liability laws · Impact of tabletop exercises · Liability and public health emergencies · International pandemic preparedness and H1N1 · Physical activity policy · Human-rights treaties and health · Childhood immunization · Vaccine injury claims · FDA as a public health agency · Tobacco product health warning · Cigarette excise taxes · Patenting human genes

Court Opinions

Louisiana antibiotics in imported seafood · Federal popcorn manufacturer inspection dispute · Tobacco makers RICO liability · DTaP vaccine injury · MMR vaccine and autism

Quotation of the Month

Jess Brewer, Lafayette, Indiana resident

This Month's Feature

Law Behind the News. This month, we bring you landmark legislation from the U.S. Congress, expanding the purview of the Food and Drug Administration to include tobacco products.

_____________________________1_____________________________

"Vegas hepatitis C outbreak spurs new laws"

Associated Press     (05/31/09)

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/05/31/state/n144130D05.DTL

Nevada Governor Jim Gibbons recently signed five new laws enacted in response to a Las Vegas Hepatitis C outbreak. Nine people contracted the virus and more than 50,000 people were exposed after doctors and nurses at two Las Vegas endoscopy centers reused syringes and vials of anesthesia. The new laws require yearly, unannounced inspections of ambulatory surgical centers, offer protections for medical whistle-blowers, and give the Nevada State Health Division the power to immediately stop treatment at a facility where patients are at risk. State health officials hope that the new laws will help prevent similar outbreaks. "This may become a new national model," said Larry Matheis, head of the Nevada State Medical Association.

_____________________________2_____________________________

"General Assembly votes to protect doctors treating Lyme disease"

The News-Times     (06/02/09)     Robert Miller

http://www.newstimes.com/ci_12496943

The Connecticut General Assembly passed a bill protecting doctors who treat  patients diagnosed with Lyme disease with a long-term course of antibiotics. Lyme disease is the most common tick-borne disease in the United States, and is usually successfully treated with a few weeks' course of antibiotics. But some patients are not cured after  the initial treatment and , the Connecticut Department of Public Health has the authority to take action against physicians who prescribe long-term antibiotic use to treat Lyme disease. Some doctors refuse to treat any patients with Lyme disease to avoid this problem. The new bill would allow doctors to prescribe a long-term course of antibiotics for a clinical diagnosis of Lyme disease when the treatment plan is noted in the medical record. Although opponents of the bill have filed complaints about long-term antibiotic use, advocates say it is beneficial to patients and physicians. The bill is awaiting Governor Jodi Rell's signature.

[Editor's note: To learn more about Lyme disease from CDC, visit http://www.cdc.gov/ncidod/dvbid/lyme/index.htm.]

_____________________________3_____________________________

"Inmates isolated as swine flu cases rise at county jail"

Portland Press Herald     (06/09/09)     David Hench

http://pressherald.mainetoday.com/story.php?id=261062&ac=PHnws

After seven inmates developed symptoms of the influenza A(H1N1) virus, Cumberland County, Maine jail officials debated how they would proceed if a symptomatic inmate was due to be released from custody. If that happened, the sheriff and the Maine Center for Disease Control and Prevention would likely petition a judge to keep the inmate in custody or to release him to a hospital. Jail officials had to release one federal detainee who tested positive for the virus, but health workers concluded that he was not likely to transmit it. The jail has taken precautions to limit the spread of the virus by moving symptomatic inmates to a temporary infirmary and issuing them respiratory masks. Health workers are checking the temperature of all inmates twice a day to quickly detect new cases. The jail has also taken steps to protect corrections officers. "The officers have been equipped with masks, and Tamiflu has been made available at no cost to the officers," said Will Russell, president of the officers' union. Health officials in the surrounding communities are also monitoring residents of the homeless shelter where many inmates go after being released from custody.

_____________________________4_____________________________

"Maine targets mercury in bulbs"

Boston Globe     (05/29/09)     Beth Daley

http://www.boston.com/lifestyle/green/articles/2009/05/29/maine_bill_would_require_light_bulb_
manufacturers_to_reduce_mercury/

The Maine Legislature has passed a first-of-its-kind bill requiring manufacturers of compact florescent light bulbs (CFLs) to reduce the amount of mercury in all florescent lights and to pay for recycling CFLs. If broken, the mercury vapor released by a CFL can harm the nervous system of infants, children, and fetuses, and can contaminate the environment. CFLs have gained popularity recently because they use less energy and last longer than incandescent light bulbs. Unaware of the risks broken bulbs can pose, many consumers dispose of used CFLs in the trash because recycling them can cost up to $1 per bulb. "We want people to use CFLs, and this is going to make it much easier for them to recycle them at hardware stores and municipal collection drop-off centers for free," said Michael Bender, of the Mercury Policy Project.. Similar legislation has been proposed in Massachusetts and Vermont.

[Editor's note: To read the full text of the LD 973, An Act to Provide for the Safe Collection and Recycling of Mercury-containing Lighting, which was signed into law on June 8, visit http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP067501.asp.]

_____________________________5_____________________________

"Congress sends Obama bill to regulate tobacco"

Washington Post     (06/12/09)     Jim Abrams

http://www.google.com/hostednews/ap/article/ALeqM5jEjFYiD2CoedIv_2zTjchS7Z41KAD98P7M3G1

Last week Congress passed legislation that would provide the U.S Food and Drug Administration (FDA) with the authority to regulate tobacco products. The new law would require manufacturers to reveal product ingredients, and ban descriptors such as "light" which insinuate that one tobacco product is safer than another. It would also require FDA to review new tobacco products, and would authorize the agency to limit marketing and sales, and   ban any dangerous ingredients. The law specifically addresses young smokers by limiting advertising aimed at young people and prohibiting flavored cigarettes. Some opponents have said the law is too intrusive. "[A]llowing the FDA to regulate tobacco in any capacity would lead to the FDA regulating the family farm," said North Carolina Rep. Howard Coble. But public health officials disagree: "Passage of this historic legislation by both the House and the Senate is a victory for public health over Big Tobacco," said Dr. Nancy Nielsen, American Medical Association president. President Obama has applauded the bill and is expected to sign it.

[Editor's note: To learn more about the legislation, read this month's Law Behind the News.]

_____________________________6_____________________________

"New law on food safety faces delays before it can deliver"

South China Morning Post     (06/06/09)     Ng Tze-wei

http://www.scmp.com/portal/site/SCMP/ (subscription required)

China's new Food Safety Law, which was passed in the wake of the Sanlu milk powder scandal, tightens the government's control over food manufacturers. The law centralizes food safety under a single set of standards, creates a Food Safety Commission to enforce regulations, establishes a food recall system, and abolishes inspection exemptions. Although the law took effect on June 1, officials caution that it may be two years before all components are implemented. Wang Xixin, a law professor at Peking University, warned that the long implementation period could impede enforcement. "With the new law in place but not the institutions promised to enforce it ... this could raise concrete problems to enforcement and undermine the force of the law," he said. But food safety experts and government officials said it would have been impossible to have all pieces of the legislation in place before the law came into effect. "To implement such an influential piece of legislation, we definitely need quite a long process ... sometimes the timing of legislating the law cannot wait," said Su Zhi, Vice-Chief of the Bureau of Food Safety Coordination and Hygiene Supervision for the Ministry of Health.

_____________________________7_____________________________

"Picture imperfect: graphic warning on tobacco products"

Hindustan Times     (05/30/09)

http://www.thaindian.com/newsportal/business/picture-imperfect-graphic-warning-on-tobacco-products-from-sunday_100198586.html

India's new tobacco laws, referred to as the Cigarette and Other Tobacco Products Rules - 2008, require all tobacco products to display pictorial anti-smoking warnings on 40 percent of the front of the package. Every package must feature a scorpion and diseased lungs; other graphic warnings are optional. Indian health officials said because the majority of tobacco users in India are illiterate, pictures will be more effective than written warnings. Manufacturers who fail to include the warnings may be fined up to 5,000 Rupees (about $105 U.S. dollars) and face up to two years imprisonment for the first offense. Tobacco industry representatives say the warnings will hurt business, spur smuggling of foreign cigarettes, and be ineffective. "About 85 percent of tobacco consumption in India is fragmented amongst a host of traditional tobacco products ... which to a very large extent are produced in the unorganised sector and are not branded. Hence, these products will not carry any pictorial warnings and the whole purpose of ... these warnings will be diluted," said Udayan Lall, director of the Tobacco Institute Indian. But Indian health officials said the warnings can only help. "The pictorial warnings are a big breakthrough. They will help in sensitizing people about tobacco hazards and new tobacco consumers will think twice before taking these products," said Bhavna Mukhopadhaya, of the Voluntary Health Association of India.

_____________________BRIEFLY NOTED______________________

Connecticut: Lawmakers approve ban on private ownership of potentially dangerous animals

"Connecticut approves ban on owning large primates"

Associated Press     (06/03/2009)

http://www.courant.com/news/local/statewire/hc-ap-ct-xgr-chimpanzeeattjun03,0,5187024.story

Connecticut: Governor makes Connecticut first state to ban Bisphenol-A from food containers

"Rell signs BPA ban"

Associated Press     (06/04/2009)

http://www.courant.com/news/local/statewire/hc-ap-ct-xgr-babybottles-bjun04,0,6581618.story

Georgia: Local pools may not open on time because of new federal safety standards

"Safety changes call for plunge in pools' budgets"

Atlanta Journal Constitution     (06/13/2009)     Mark Davis

http://www.ajc.com/services/content/metro/stories/2009/06/13/pool_drain_law.html

Georgia: Schools continue to violate state law during 2008-09 school year

"Schools lax on vaccinations"

Atlanta Journal Constitution     (06/07/2009)

http://www.ajc.com/services/content/printedition/2009/06/07/spotlight0607.html

Illinois: State lawsuit alleges that officials misled EPA, residents about source of water

"Madigan: Crestwood lied about tainted well"

Chicago Tribune     (06/10/2009)     Michael Hawthorne

http://www.chicagotribune.com/health/chi-crestwood-water-10-jun10,0,2526150.story

Indiana: Cigarettes sold will have to meet 'fire-safe' requirements law starting July 1

"Fire-safe cigarette law takes effect July 1"

Associated Press     (06/11/09)

http://www.chicagotribune.com/news/chi-ap-in-fire-safecigarett,0,2315832.story

Louisiana: Repeal of motorcycle helmet law for adults rejected for second year

"La. Senate panel rejects cycle helmet repeal"

Associated Press     (06/11/2009)

http://www.natchezdemocrat.com/news/2009/jun/11/senate-panel-rejects-cycle-helmet-repeal/

Montana: EPA issues first-ever declaration of public health emergency

"Asbestos cleanup 'emergency' declared in Montana town"

CNN     (06/17/09)

http://www.cnn.com/2009/US/06/17/montana.asbestos/index.html

New York: With school closing in effect, 15,000 students are scattering across Queens

"Flu closings failing to keep schoolchildren at home"

New York Times     (05/21/2009)     Julie Bosman

http://www.nytimes.com/2009/05/21/nyregion/21kids.html?ref=nyregion

New York: Parents protest school privacy guidelines

"School with swine flu case won't be named"

Poughkeepsie Journal     (05/31/2009)     John Davis

http://www.poughkeepsiejournal.com/article/20090531/NEWS01/905310345/1006

Washington: Hospitals and providers must report H1N1 cases to local public health agencies

"Washington hospitals now required to report swine flu"

Seattle Post-Intelligencer     (06/11/2009)

http://www.seattlepi.com/local/6420ap_wa_swine_flu.html

National: Unapproved and unstudied electronic cigarettes worry public health officials

"Cigarettes with no smoke or regulation"

New York Times     (06/02/2009)     Katie Zezima

http://www.nytimes.com/2009/06/02/us/02cigarette.html?_r=1&scp=1&sq=cigarettes%20with%20no%20smoke&st=cse

National: Supreme Court refused to hear Marine's lawsuit over toxic chemicals

"Court refuses to hear suit over Camp Lejeune water"

Associated Press     (06/08/2009)

http://www.google.com/hostednews/ap/article/ALeqM5jw4i6mHHq5dSUcqU-6dA2Ix6dB6QD98MKCGO0

National: Bill creating first national limit on greenhouse-gas emissions approved by House

"House panel passes limit on greenhouse-gas emissions"

Washington Post     (05/22/2009)

http://www.washingtonpost.com/wp-dyn/content/article/2009/05/21/AR2009052104251.html

National: $202 million in claims have been filed against the Peanut Corporation of America

"Peanut Corp. claims top $200 million"

The News & Advance     (06/12/2009)     Ray Reed

http://www.newsadvance.com/lna/news/local/article/peanut_corp._claims_top_200_million/16774/

National: Restrictions in new tobacco law could be challenged in court

"Tobacco regulation is expected to face a free-speech challenge"

New York Times     (06/16/2009)

http://www.nytimes.com/2009/06/16/business/16tobacco.html?ref=global-home

National: U.S. Immigration and Customs Enforcement suspends attorney, social visits

"Visits to immigrant detention facility suspended due to swine flu fears"

Washington Post     (06/11/2009)

http://www.washingtonpost.com/wp-dyn/content/article/2009/06/11/AR2009061103603.html?hpid=
topnews

Australia: Huge fines for each breach of occupational health and safety regulation mandated

"Workplace safety will change forever, QLD conference claims""

Daily Telegraph     (06/05/2009)

http://www.pacetoday.com.au/Article/Workplace-safety-will-change-forever-QLD-conference-
claims/484652.aspx

Canada: New land-use rules could allow for backyard flocks

"Urban chicken coops up for discussion"

Owen Sound Sun Times     (05/30/2009)

http://www.owensoundsuntimes.com/ArticleDisplay.aspx?e=1591068

England: School has banned pupils from wearing goggles during swimming lessons

"Kids swim goggles banned"

The Sun    (06/04/2009)

http://www.thesun.co.uk/sol/homepage/news/2466304/Kid-goggles-banned-from-school-
swim-lessons.html

Jordan: Restaurant owners across the kingdom will implement Health Ministry's smoking ban 

"Fast-food restaurant owners to implement smoking ban"

Jordan Times     (06/02/2009)

http://www.jordantimes.com/index.php?news=17194

New Zealand:  Defying health officers' swine-flu isolation powers may be fined and detained

"Isolation, fines for swine flu law breaches"

The New Zealand Herald     (06/10/2009)

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10577494

Taiwan: Health Minister Yeh Ching-chuan retains policy of screening new migrant workers

"Hepatitis B screening of migrant workers should continue: DOH"

Central News Agency    (06/04/2009)

http://www.etaiwannews.com/etn/news_content.php?id=967870&lang=eng_news   

Obituary

Washington: Kathryn R. Mahaffey, former Environmental Protection Agency official, dies at 65

"Her work on mercury shaped policy"

Washington Post     (06/10/2009)

http://www.washingtonpost.com/wp-dyn/content/article/2009/06/09/AR2009060903029.html

___________________JOURNAL ARTICLES____________________

"Written informed consent statutes and HIV testing"

American Journal of Preventative Health    (06/09)   Peter Ehrenkranz and others

http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6VHT-4W7HNYS-3&_user=856389&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000046148&_version=1&
_urlVersion=0& _userid=856389&md5=8bfa2221d29088763feb8251393cbd7b

"Building alliances in unlikely places: progressive allies and the tobacco institute's coalition strategy on cigarette excise taxes"

American Journal of Public Health     (07/09)    Richard Campbell and Edith Balbach

http://www.ajph.org/cgi/content/abstract/99/7/1188  (subscription required)

"Enforcement of underage sales laws as a predictor of daily smoking among adolescents - a national study"

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

http://www.biomedcentral.com/content/pdf/1471-2458-9-107.pdf

"Emergency response and liability laws"

Disaster Medicine and Public Health Preparedness   (06/09)   Nancy H. Neilsen

http://www.dmphp.org/cgi/reprint/3/2/66 (subscription required)

"Impact of tabletop exercises on participants' knowledge of and confidence in legal authorities for infectious disease emergencies"

Disaster Medicine and Public Health Preparedness   (06/09)   Elena Savoia and others

http://www.dmphp.org/cgi/content/abstract/3/2/104 (subscription required)

"Law, liability, and public health emergencies"

Disaster Medicine and Public Health Preparedness   (06/09)   Sharona Hoffman and others

http://www.dmphp.org/cgi/content/abstract/3/2/117 (subscription required)

"Influenza A(H1N1) and pandemic preparedness under the rule of international law"

Journal of American Medical Association     (06/09)     Lawrence Gostin

http://jama.ama-assn.org/cgi/content/short/301/22/2376 (subscription required)

"Implementation of a school-based state policy to increase physical activity"

Journal of School Health     (05/09)   Kelly Evenson and others

http://www3.interscience.wiley.com/journal/122290698/abstract   (subscription required)

"Does ratification of human-rights treaties have effects on population health?"

The Lancet     (06/09)     Alexis Palmer and others

http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(09)60231-2/abstract (subscription required)

"Litigation, regulation, and education: protecting the public's health through childhood immunization"

New England Journal of Medicine     (06/09)    Ross Silverman

http://content.nejm.org/cgi/content/short/360/24/2500 (subscription required)

"When vaccine injury claims go to court"

New England Journal of Medicine     (06/09)    Alexandra Stewart

http://content.nejm.org/cgi/content/short/360/24/2498 (subscription required)

"The FDA as a public health agency"

New England Journal of Medicine     (06/09)     Margaret Hamburg and Joshua Sharfstein

http://content.nejm.org/cgi/content/short/360/24/2493 (subscription required)

"Health warnings on tobacco products - worldwide, 2007"

MMWR     (05/09)  

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5819a3.htm

"Federal and state cigarette excise taxes - United States (1995-2009)"

MMWR     (05/09)   N. Jamison and others

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5819a2.htm

"Lawsuit challenges legal basis for patenting human genes"

Science     (05/09)     Eliot Marshall

http://www.sciencemag.org/cgi/content/summary/324/5930/1000-a (subscription required)

___________________COURT OPINIONS____________________

Louisiana: Commissioner of Agriculture enjoined from enforcing fish testing

Piazza's Seafood World, LLC v. Bob Odom

Court of Appeal of Louisiana, First Circuit

No. 2007 CA 2191 and No. 2007 CW 2077

Judgment Rendered December 23, 2008

Opinion by Chief Judge Burrell Carter

http://www.la-fcca.org/Opinions/PUB2008/2008-12/2007CW2077Dec2008.Pub.13.pdf

Federal: Court lacks jurisdiction to hear popcorn flavor manufacturer's inspection dispute

Sensient Flavors LLC v. National Institute for Occupational Safety and Health

U.S. District Court for the Southern District of Indiana

Docket No. 1:08-cv-949-RLY-DML

Decided May 28, 2009

Opinion by Judge Richard L. Young

http://www.insd.uscourts.gov/opinions/AR9490O1.PDF

Federal: Tobacco manufacturers' liability under RICO affirmed

United States of America, et al. v. Philip Morris USA Inc., et al.

U.S. Court of Appeals for the District of Columbia

Docket Nos. 06-5267, 06-5268, et al.

Decided May 22, 2009

Per curiam opinion

http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/06-5267-1181914.pdf

Federal: Minor with seizure disorder gets compensation for vaccine injury

Teller v. Secretary of the Department of Health and Human Services

United States Court of Federal Claims

No. 06-840V

Filed January 13, 2009

Opinion by Special Master Denise K. Vowell

http://www.uscfc.uscourts.gov/sites/default/files/Vowell.Teller%20decision%201-13-2009.pdf

Federal: Plaintiffs failed to establish that MMR vaccine caused child's autism

Cedillo v. Secretary of Health and Human Services

U.S. Court of Federal Claims

Docket No. 98-916V

Filed February 12, 2009

Opinion by Special Master Hastings

http://www.uscfc.uscourts.gov/sites/default/files/vaccine_files/Hastings-Cedillo.pdf

__________PHL NEWS QUOTATION OF THE MONTH____________

"I've been coughing constantly and having chest pains because you have to inhale harder on the new cigarettes. ...What's the point of making safer cigarettes if they lead to negative health effects?"

-- Jess Brewer, Lafayette, Indiana resident, on the state's new law requiring all cigarettes to be fire-safe. The design forces a smoker to inhale harder to keep the keep the cigarette lit. [See Briefly Noted item, above.]

__________________LAW BEHIND THE NEWS___________________

Upon finding that tobacco products are "inherently dangerous," and that "virtually all new users of tobacco products are under the minimum legal age to purchase such products," Congress has enacted legislation to bring the products under the purview of the U.S. Food and Drug Administration (FDA). The Family Smoking Prevention and Tobacco Control Act would  grant FDA the authority to regulate tobacco products under the Food, Drug, and Cosmetic Act, and authorize the agency to "set national standards controlling the manufacture of tobacco products and the identity, public disclosure, and amount of ingredients used in such products." The Act would also create the Center for Tobacco Products within FDA to implement the new law.

The Act would require tobacco manufacturers to disclose their products' ingredients with FDA, and to register with the agency each year. FDA would be authorized to regulate to restrict the advertising, sale, and distribution of a tobacco product if the Secretary "determines that such regulation would be appropriate for the protection of the public health." However, the law would place limits on FDA's authority in a number of ways. For example, it states that "No such regulation may require that the sale or distribution of a tobacco product be limited to the written or oral authorization of a practitioner licensed by law to prescribe medical products."

The new law would also establish that FDA has authority to set tobacco product standards and good manufacturing practices; prohibit the use of any flavorings with the exception of menthol; and require the to-be-established Tobacco Products Scientific Advisory Committee to issue a report on "the impact of the use of menthol in cigarettes on the public health, including such use among children, African-Americans, Hispanics, and other racial and ethic minorities." The new law does not relieve a tobacco manufacturer from liability under federal or state law.

The Family Smoking Prevention and Tobacco Control Act, HR 1256, was passed this week by both houses of Congress, and is now awaiting the President's signature. To access the full text of the law, visit http://www2a.cdc.gov/phlp/docs/hr1256.pdf.

___________________________________________________________

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 Lindsay Culp at lculp@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 in-coming Acting Editor Linsday Culp, and to Emily McCormick and Robin Freeman for their work on this issue.