Wednesday, July 16, 2008
From the Public Health Law Program, Office of the Chief of Public
Health Practice, CDC
http://www2a.cdc.gov/phlp/
_______________________________________________________________
Announcements
*** Cigarette Testing Guidance. The
Federal Trade Commission is seeking public comment on its proposal
to rescind its Cambridge Filter Method cigarette testing guidance.
For more information, visit
https://secure.commentworks.com/ftc-CigaretteTestMethod.
*** Columbia University Report on Model State Emergency Health
Powers Act. The Center for Health Policy at Columbia University
prepared a gap analysis comparing the Model State Emergency Health
Powers Act (MSEHPA) with existing New York state and local public health
emergency preparedness laws. To read the gap analysis, visit
http://www.nursing.columbia.edu/chphsr/projects/law/pdf/MSEHPAGapAnalysisTableBMM05-05-08.doc
*** Dismissal of School Children in the
Context of Pandemic Influenza. In response to national pandemic
preparedness priorities, CDC commissioned the independent Centers
for Law and the Public’s Health: A Collaborative at Johns
Hopkins and Georgetown Universities to review the state-level legal
framework for reducing the density of school classrooms, with
specific focus on closure of schools as a social distancing or social
mitigation measure to slow the spread of an H5N1 influenza pandemic
or similar highly contagious infectious disease. For more information
on the Centers’ report, Legal Preparedness for
School Closures in Response to Pandemic Influenza and Other Emergencies,
see
http://www2a.cdc.gov/phlp/.
*** Golden Gate Bridge Physical Suicide
Deterrent Project Notice. The Golden Gate Bridge, Highway and
Transportation District (District) in San Francisco, CA, is considering
installation of a physical suicide deterrent system on the Golden
Gate Bridge. In cooperation with the state Department of Transportation,
the District released a Draft Environmental Impact Report and Environmental
Assessment. Two public meetings are scheduled to discuss this document.
For more information, visit
http://www.ggbsuicidebarrier.org/
*** International Obesity Symposium.
In June, Australia and New Zealand Health Policy
published an online thematic series entitled “Obesity -- Should
there be a law against it?” The series includes articles of relevance
to audiences in the United States, United Kingdom, and Australia.
To access the symposium, visit
http://www.anzhealthpolicy.com/articles/theme-series.asp?series=1743-8462-Aso
*** Online MPH in Health Policy and Management. Beginning
in spring 2009, New York Medical College’s School of Public
Health will offer an online Master of Public Health in Health Policy
and Management, with a concentration in Emergency Preparedness.
For more information, visit
http://www.nymc.edu/sph/programs/health_policy.htm
*** Online National Resource Center for Emergency Preparedness.
The Center for Health Equality at Drexel University’s School of
Public Health and the Office of Minority Health at the U.S. Department
of Health and Human Services have launched an online resource for
advancing emergency preparedness in culturally diverse communities.
The center is an “online clearinghouse and information exchange
portal” featuring hundreds of annotated references in over forty
languages. To visit the center or submit a recommended resource,
visit
http://www.diversitypreparedness.org/
*** SAMSA Report on Underage Alcohol Use.
The Substance Abuse and Mental Health Services Administration has
released “Underage Alcohol Use: Findings from the 2002 – 2006 National
Surveys on Drug Use and Health.” The report is available at
http://oas.samhsa.gov/underage2k8/toc.htm
*** South Carolina Emergency
Health Powers Act. On June 11, the Governor of South Carolina
signed multiple amendments to the state’s Emergency Health Powers
Act. Among other changes, the revised language alters the requisite
intent for civil liability of volunteer health care providers during
a public health emergency. The amended Section 44-4-570 is available
at
http://www.scstatehouse.net/sess117_2007-2008/bills/3852.htm.
*** ASTHO-NACCHO Joint Conference (9/9-9/12). The Association
of State and Territorial Health Officials (ASTHO) and the National
Association of County and City Health Officials (NACCHO) will hold
their Joint Conference in Sacramento, California. On September 10,
Dr. Rick Goodman, Co-Director of the Public Health Law Program,
will present a session entitled “Cross-Sector Legal Coordination
in Preparedness: New Tools and Resources.” Details are available
at
http://www.naccho.org/events/asthonaccho2008/
*** Health Law at Boston University 50th
Anniversary Celebration: From Forensic Medicine to Global Human
Rights (9/24-9/27). Boston University will present a lecture
series by faculty, alumni, and visiting scholars at the Schools
of Law, Medicine, and Public Health to celebrate its 50th anniversary
in health law. The series will cover human rights and health law
topics. All events are free and open to the public. More information
can be found at
http://sph.bu.edu/index.php?option=com_content&task=view&id=718&Itemid=616964
Top Story
1. As outbreak affects
1,000, experts see flaws in law
States and Localities
2. California: Artificial
turf target of legal action
3. California: Gene testing
questioned by regulators
4. Missouri: Adolescents,
not parents, to decide on HIV testing
5. Rhode Island: Supreme
Court says hosts not responsible for adult drinkers
National
6. Anheuser to stop selling
alcoholic energy drinks
7. Buck up, sicko
8. Toymakers frustrated
by patchwork of safety rules
Briefly Noted
California foil balloons
· Calories · Colorado disaster plans · Hawaii airport influenza
screening · Tattoo laws · Iowa pet shelters · Louisiana evacuees
· Minnesota pools · Missouri cyberbullying · New York 9/11 plaintiffs
· Pennsylvania head injuries · National measles epidemic · Product
placement rules · Tamiflu deal · Canada tobacco ads · Pesticide
ban · China disease control law · France FGM fight · Greece smoking
ban · Uganda sand flea arrests
Journal Articles
Washington D.C. correctional
HIV testing · Restraining orders · Pandemic ethics · Emergency management
· Multivitamins for Older Americans · Methamphetamine legislation
· Europe obesity · Scotland smoking
Court Opinions
Massachusetts emergency
response · Missouri midwifery law · New Jersey juice · New York
menu labeling · Rhode Island lead paint
Quotation of the Week
Bart Evans, Pueblo City-County
Health Department, Colorado
This Month’s Feature
Law Behind the News.
This week, we feature California Assembly Bill 97, which would
create the first statewide ban on the use of trans fats at restaurants
and food facilities.
_____________________________1_____________________________
“As outbreak affects 1,000, experts see flaws
in law”
The New York Times (07/10/2008) Bina
Venkataraman
http://www.nytimes.com/2008/07/10/health/policy/10tomato.html
Food safety experts are calling for a closer
look at the recordkeeping provisions of the Bioterrorism Act of
2002 amid the nation’s largest food-borne outbreak in the last decade.
A Food and Drug Administration rule under the Act requires importers,
processors, and distributors to track the supply chain of produce,
and was intended to give federal officials a way to immediately
respond to threats to the nation’s food supply. But more than 1,000
people in 41 states and the District of Columbia have taken ill
from Salmonella Saintpaul, and the source of the contamination
is still undetermined. Processors of foods suspected in the outbreak,
such as tomatoes, often repack boxes to meet buyers’ demands; they
are not required to record the farm, state, or country of origin
when doing so. “The purpose of the recordkeeping provision of the
Bioterrorism Act was to support going back to the origin of food
after people have gotten sick when you are trying to find out how
the biological agent got there. But the provisions are of little
or no value with respect to trace-backs of fresh produce because
of the amount of shoe leather and time it would take,” said Michael
Taylor, a George Washington University professor and former FDA
official. The rule only requires food handlers to track produce
one step forward and one step back in the supply chain, but does
not specify a standard format for records, further complicating
trace efforts.
[Editor’s note: For more information on the
current Salmonella Saintpaul investigation, visit
http://www.cdc.gov/salmonella/saintpaul/.]
_____________________________2_____________________________
“Artificial turf target of legal action”
Oakland Tribune (06/24/08) Suzanne
Bohan
http://www.mercurynews.com/ci_9677643?source=most_emailed
A California group has sued to end the manufacture
of artificial turf containing lead. According to the Center for
Environmental Health, in one third of turf samples tested, lead
levels were high enough to potentially exceed the state’s limit
on lead exposure. The legal action was filed pursuant to Proposition
65, California’s toxic substances exposure law, and follows the
recent launch of a U.S. Consumer Product Safety Commission investigation
into the health risks of lead in synthetic turf. Artificial turf
is often used in lieu of grass on sports fields, and is rising in
popularity: more than 3,500 artificial turf fields are in use around
the country, and 800 more are built each year; half of National
Football League teams play on artificial turf fields, according
to the Synthetic Turf Council. Public health experts warn of dangers
of lead exposure to children, but say it is also associated with
diseases and conditions in adults, including cardiovascular disease,
high blood pressure, kidney failure, and Lou Gehrig’s disease. Shira
Miller, a spokeswoman for the Synthetic Turf Council, said the chromate
lead in artificial turf creates its green color. “Lead chromate
is not like the regular lead you would get from paint,” she said.
“It’s encapsulated to reduce any aspect of bioavailability.” But
Caroline Cox, of the Center for Environmental Health, said the group’s
testing found that some of the lead manages to break out. “It’s
true that not all was bioavailable,” she said. “But about 20 percent
of it was. So even if only a fraction of what you ingest is bioavailable,
that’s still a problem.”
[Editor’s note: To read the CDC Health Alert
on potential exposure to lead in artificial turf, visit
http://www2a.cdc.gov/HAN/ArchiveSys/ViewMsgV.asp?AlertNum=00275.
For more information from the CPSC, visit
http://www.cpsc.gov/.
To read California’s Proposition 65, see
http://www.oehha.org/prop65.html.]
_____________________________3_____________________________
“Gene testing questioned by regulators”
New York Times (06/26/08) Andrew
Pollack
http://www.nytimes.com/2008/06/26/business/26gene.html?_r=1&ref=health&oref=slogin
Last month, the California Department of
Public Health (CDPH) sent “cease and desist” orders to genetic testing
companies the department claimed were in violation of state laboratory
licensing requirements. The companies, including 23andMe, Navigenics,
and deCode Genetics, offer personal genetic information for use
in health and lifestyle planning. The companies say they are not
offering medical testing, but instead give individuals information
about whether they are at risk for certain diseases. “This doesn’t
say you have a disease. It says you carry a genetic predisposition
for the disease and should talk with a health care professional,”
said Mari Baker, of Navigenics. But public health experts in California
and New York, which sent similar “cease and desist” letters beginning
in November, disagree. “We think if you’re telling people you have
increased risk of adverse health effects, that’s medical advice,”
said Ann Willey, of the New York State Department of Health. Two
of the companies say they do not need a laboratory license because
the genome scans they provide are actually performed by licensed
outside laboratories. CDPH officials are also concerned that
the genetic tests are not being ordered by a physician, as required
under state law. At least one of the companies said its tests are
ordered by a physician on contract to the company. But “[s]ome doc
on the payroll at Genes R Us” is not the same as a personal physician,
said Kathy Hudson, of the Genetics and Public Policy Center at Johns
Hopkins University. The companies were asked to respond to the letters
by the end of June.
[Editor’s note: To read the California Department
of Public Health “cease and desist” orders, visit
http://ww2.cdph.ca.gov/HealthInfo/news/Pages/LabTestLandingPg.aspx.]
_____________________________4_____________________________
“Adolescents, not parents, to decide on HIV
testing”
Associated Press (06/26/08) Jim Salter
http://hosted.ap.org/dynamic/stories/M/MO_HIV_TESTING_ADOLESCENTS_MOOL-?SITE=MOSPL
&SECTION=HOME&TEMPLATE=DEFAULT
This month, St. Louis Children’s Hospital
became the first pediatric hospital in the nation to offer free
and immediate HIV testing to patients ages 15 years and older. What
is unique about the program is that the minor patient -- not his
or her parent or guardian -- will consent to the testing, and will
hear the results in confidence. Under Missouri law, and the law
of at least 25 other states, minors can give consent to testing
and treatment for HIV and other sexually transmitted diseases. Adolescents
who visit Children’s emergency room will be given written information
explaining HIV testing. If the minor consents to the test, he or
she will have the results of a cheek swab within 20 minutes. If
the minor receives a positive result, a blood test will follow to
verify the results. According to Peter Sprigg, of the Family Research
Council, parents should be making these decisions, not the minors.
“I don’t think it’s ever for the community’s good for an institution
like a hospital to come between a parent and a child,” he said.
“This is almost like the hospital conspiring with the minor against
the parents.” But according to Ericka Hayes, a pediatrician at Children’s,
“A lot of teenagers involved in high-risk behaviors won’t participate
in the testing if the testing is not confidential. We really want
to remove that from the equation and let the adolescent decide on
testing for HIV. Otherwise teenagers engaging in high-risk behaviors
often will not get tested.”
[Editor’s note: For more information on HIV
testing, see
http://www.cdc.gov/hiv/topics/testing/index.htm.]
_____________________________5_____________________________
“Supreme Court says hosts not responsible
for adult drinkers”
Pawtucket Times (07/11/08) Russ
Olivo
http://www.pawtuckettimes.com/content/view/38031/27/
The Rhode Island Supreme Court has declined
to extend the scope of the state’s social host law to adult drinkers.
Elizabeth Willis sued a Manville couple she claimed goaded her 22-year-old
daughter and her daughter’s 24-year-old boyfriend into overindulging
in alcohol at the couple’s home. After leaving the host’s residence,
the girl, Brianna Serapiglia, sustained injuries when her boyfriend’s
vehicle crashed into a utility pole. The record before the Court
indicated that the hosts had served drinks to their guests non-stop
for over three hours, with Serapiglia alleging that she was encouraged
to continue drinking with taunts such as, “You’re Irish. You can
do better than that.” The girl’s mother filed suit in Superior Court,
alleging negligence and civil liability under the state’s social
host law. That court rejected the case, and Willis appealed. On
appeal, the state Supreme Court found that, absent a special relationship
between host and guest, social host liability does not apply. “Although
we have recognized social host liability in limited circumstances,
we have done so when alcohol was illegally provided to minors and
injuries resulted. Such a special relationship is not present in
the case on appeal…this was a gathering of adults in a social setting
where some adults knowingly over-indulged in alcoholic beverages.”
[Editor’s note: To read the Rhode Island
Supreme Court’s opinion in Willis v. Omar, see
http://www.courts.ri.gov/supreme/pdf-files/0961G-OPINION-Willis%20v.%20Omar;%20No.%2007
-164-A;%20hd.%203-10-08.pdf.]
_____________________________6_____________________________
“Anheuser to stop selling alcoholic energy
drinks”
The Wall Street Journal (06/27/08)
Ilan Brat and Suzanne Vranica
http://online.wsj.com/article/SB121452905839609319.html
Anheuser-Busch has agreed to stop the manufacture
and sale of caffeinated alcoholic drinks as part of a settlement
with 11 state attorneys general. The states alleged that the company
did not adequately disclose negative health effects of the beverages,
Tilt and Bud Extra, that it made false or misleading marketing claims,
and that it illegally targeted minors with its advertising. “Quite
simply, alcohol mixed with high amounts of caffeine is a recipe
for disaster, particularly in the hands of young people,” said Maine
Attorney General Steven Rowe. Alcoholic energy drinks have become
popular with younger drinkers, including those under legal drinking
age. Anheuser said it would take steps to reformulate the drinks
and pay $200,000 to cover the cost of the investigation, though
the company noted that the products had “met all regulatory requirements,
had much less caffeine than a Starbuck’s coffee, and had received
all necessary federal and state agency approvals.” Miller Brewing
Co. is also the subject of an investigation for the same alleged
offenses related to its Sparks, Sparks Light, and Sparks Plus energy
drinks.
_____________________________7_____________________________
“Buck up, sicko”
The Los Angeles Times (07/07/08) Shari
Roan
http://articles.latimes.com/2008/jul/07/health/he-sickdays7
Since many American workers insist on coming
to work even when they are ill, several states are considering passing
paid-sick-day laws. The trend has been for employers to cut back
on sick-leave in recent years, and as many as 43 percent of American
workers in private industry have no paid sick days. But as employers
cut back on such benefits, state lawmakers -- with the support of
health officials and labor organizations -- are taking action. The
California Assembly recently approved a bill that would allow workers
to earn one hour of paid sick time for every 30 hours worked. The
bill now heads to the Senate for consideration. As many as ten other
states are also considering such laws, since having sick workers
stay home is the best way to stop the spread of contagious diseases
such as influenza and gastrointestinal viruses. On the local level,
San Francisco and Washington, D.C. have already enacted sick-day
legislation. “The public supports it,” said Ruth Milkman, a UCLA
sociology professor and director of the Institute for Research on
Labor and Employment. “In San Francisco, the law was so popular
that the people who were opposed to it didn’t even mount a challenge.”
[Editor’s note: To read California Assembly
Bill 2716, visit
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2701-2750/ab_2716_bill_20080619_amended_sen
_v97.pdf.]
_____________________________8_____________________________
“Toymakers frustrated by patchwork of safety
rules”
The Washington Post (06/24/08) Annys
Shin
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/23/AR2008062302163.html
Toy manufacturers are expressing concern
about what they describe as the growing maze of state legislation
regulating potentially hazardous substances in children’s toys.
Washington and seven other states imposed restrictions on substances
like lead, cadmium, and phthalates in toys following last year’s
wave of safety recalls. “It puts manufacturers in the position of
having 50 different sets of regulations to abide by, and that can
be very onerous for a company,” said Amy Tucker, president of Matter
Group, a Seattle toy company. Tucker praised Washington’s recent
legislation banning lead and phthalates from toys, but said different
restrictions across state lines were cause for dismay. Consumer
groups have expressed support for state-by-state legislation, arguing
that states have moved more quickly in the past than Congress to
pass product safety regulations, and should not be stopped from
passing their own safety laws. Meanwhile, Congressional negotiations
over federal product safety legislation are also underway, as lawmakers
work on a final version after the House and Senate passed slightly
different bills on the topic. Where state and federal standards
are in conflict, the federal standards prevail, so toymakers and
consumer groups are waiting to see the extent to which federal safety
standards will preempt the state standards.
[Editor’s note: To read Washington’s Children’s
Safe Products Act, see
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/2647-S2
.SL.pdf.
To learn more about U.S. Senate bill 2663, visit
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s2663pcs.txt.pdf.
The related House bill, HB 4040, is available at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h4040eh.txt.pdf.]
_____________________BRIEFLY
NOTED______________________
California: Bill banning foil balloons ignites
protest
“California targets new menace: helium-filled
foil balloons”
Wall Street Journal (07/15/08) Amy
Kaufman
http://online.wsj.com/article/SB121608181057552873.html
California: Calorie-posting ordinance spurs
lawsuit by restaurants
“Restaurants sue over nutrition posting law”
San Francisco Chronicle (07/08/08)
Jill Tucker
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/08/BA5P11LAT9.DTL
Colorado: Health department touts disaster
plans for businesses
“Businesses urged to plan for disasters”
Pueblo Chieftain (06/26/08) James
Amos and Angie Evans
http://www.chieftain.com/articles/2008/06/26/business/local/doc4863051177f35443425486.prt
Hawaii: State will be first to implement
international flight screening
“Hawaii airport flu screening planned for
foreign arrivals”
Honolulu Advertiser (06/04/08) Rod
Ohira
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080604/BREAKING01/80604072/
-1/LOCALNEWSFRONT
Hawaii: Tattoo artists support laws preventing
spread of disease, contamination
“Tattooists seek stronger laws in Hawaii”
Associated Press (07/08/08) Mark
Neisse
http://www.khnl.com/Global/story.asp?S=8632021
Iowa: Lessons learned from Katrina -- city
provides shelter for displaced pets
“Beloved pets, displaced by floodwaters,
find temporary shelter in Iowa”
New York Times (06/30/08) Malcolm
Gay
http://www.nytimes.com/2008/06/30/us/30flood.html?partner=rssnyt&emc=rss
Louisiana: Denied rental assistance prevents
many from returning home
“Some evacuees blocked from New Orleans”
United Press International (07/06/08)
http://www.upi.com/Top_News/2008/07/06/Some_evacuees_blocked_from_New_Orleans/UPI
-10391215379371/
Minnesota: New law requires licensing and
inspection of public pools
“New safety law requires owners of public
pools to fill out survey”
Star Tribune (06/24/08) Terry Collins
http://www.startribune.com/local/20724729.html?location_refer=Local%20+%20Metro
Missouri: Law expanded to cover electronic
means of bullying
“Missouri: cyberbullying law is signed”
Associated Press (07/01/08)
http://www.nytimes.com/2008/07/01/us/01brfs-CYBERBULLYIN_BRF.html?partner=rssnyt&emc=rss
New York: City questions claims and who should
pay
“NYC: many 9/11 injury plaintiffs not seriously
ill”
Associated Press (06/25/08)
http://ap.google.com/article/ALeqM5gedchpIl6oM7F3AwCEyXaLDuYMzgD91H8S0O0
Pennsylvania: Head injuries and deaths increase
after helmet law repealed
“Safety: Deaths soar after repeal of helmet
law”
New York Times (06/24/08) Nicholas
Bakalar
http://www.nytimes.com/2008/06/24/health/research/24safe.html
National: Officials attribute highest measles case toll in decade to lack of vaccination
“From outside the USA comes a measles threat
inside the USA”
USA Today (07/14/08) Steve Sternberg
http://www.usatoday.com/news/health/2008-07-14-measles_N.htm
National: FCC considers new rules disclosing
product placement
“Product placement on TV targeted”
Washington Post (06/27/08) Cecilia
Kang
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062603632.html
National: Maker of antiviral drug offers
deal to businesses
“Reserving Tamiflu for workers in case of
pandemic”
Associated Press (06/26/08) Lauran
Neergaard
http://ap.google.com/article/ALeqM5iTkeo6LkEfS2-NObSzTuzkwxKiegD91I07A00
Canada: Taking a step backward, tobacco companies
can now brighten advertisements
“Colour ad ban lifted on tobacco”
Gazette (07/09/08)
http://www.canada.com/montrealgazette/news/story.html?id=adb606e5-81a1-47e2-b930-0ff42173afbb
Canada: New provincial law restricts municipalities
from enacting tougher laws
“Ontario approves ban on pesticides”
Canadian Press (06/19/08)
http://www.recorder.ca/ArticleDisplay.aspx?e=1080688
China: New law in compliance with International
Health Regulations
“HK to start new law on disease prevention,
control”
Xinhua News (07/11/08)
http://news.xinhuanet.com/english/2008-07/11/content_8528851.htm
France: Outreach occurring in immigrant communities,
should also target home countries
“West Africans fight female genital mutilation
in France”
Integrated Regional Information Networks
(06/23/08)
http://allafrica.com/stories/200806231689.html
Greece: New law aimed at passive smoking
“Greece banning all public, indoor smoking
by 2010”
Calgary Herald (06/27/08)
http://www.canada.com/calgaryherald/news/story.html?id=7ac30519-1340-41ec-94a8-c87eb5fa7df6
Uganda: Crackdown launched on Ugandans with
jiggers
“People with jiggers face arrest - MPs”
The Monitor (06/23/08) Mercy Nalugo
and Yasiin Mugerwa
http://allafrica.com/stories/200806231584.html
___________________JOURNAL
ARTICLES____________________
“D.C. breaks ground with automatic HIV testing
program”
Corrections Today (06/08)
Devon Brown
http://newsroom.dc.gov/show.aspx?agency=doc§ion=5&release=14098&year=2008&file=
file.aspx%2frelease%2f14098%2fCorrectional_Health_Perspectives_JuneCT08.pdf
“Restraining orders among victims of intimate
partner homicide”
Injury Prevention (06/08)
K A Vittes and S B Sorenson
http://injuryprevention.bmj.com/cgi/content/abstract/14/3/191
(subscription required)
“Rethinking volunteer management using a
centralized volunteer staging and training area”
Disaster Medicine and Public Health Preparedness
(06/08) Eric Aakko and others
http://www.dmphp.org/cgi/content/abstract/2/2/127 (subscription
required)
“Ethics of triage in the event of an influenza
pandemic”
Disaster Medicine and Public Health Preparedness
(06/08) James Tabery and Charles Mackett
http://www.dmphp.org/cgi/content/abstract/2/2/114 (subscription
required)
“Collaborative emergency management: better
community organizing…”
Disasters (06/08) Naim Kapucu
http://www3.interscience.wiley.com/journal/119404190/abstract
(subscription required)
“Multivitamin-mineral supplements in the
Older Americans Act nutrition program…”
American Journal of Public Health
(07/08) Melissa Marra and Nancy Wellman
http://www.ajph.org/cgi/content/full/98/7/1171 (subscription
required)
“Longitudinal changes in methamphetamine
and cocaine use in untreated rural stimulant users: racial differences
and the impact of methamphetamine legislation”
Addiction (05/08) Tyrone F.
Borders and others
http://www3.interscience.wiley.com/journal/119411968/abstract
(subscription required)
“Europe battles with obesity”
The Lancet (06/28/08) Rob
Hyde
http://download.thelancet.com/pdfs/journals/0140-6736/PIIS0140673608609368.pdf
(registration required)
“A qualitative analysis of compliance with
smoke-free legislation in … bars in Scotland”
Addiction (06/08) Douglas
Eadie and others
http://www3.interscience.wiley.com/journal/119412011/abstract
(subscription required)
___________________COURT
OPINIONS____________________
Massachusetts: Court upholds Health Department’s
emergency response regulations
Professional Firefighters of Massachusetts
and others v. Commonwealth and others
Appeals Court of Massachusetts
No. 06-P-1511
Decided June 16, 2008
Opinion by Judge Sikora
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=appslip/18260&invol=1
Missouri: Court finds plaintiffs have no
standing to challenge midwifery law
Missouri State Medical Assoc., et al.,
v. State of Missouri and Missouri Midwives Assoc.
Supreme Court of Missouri
No. SC88783 (Slip Opinion)
Decided June 24, 2008
Opinion by Justice Stephen N. Limbaugh, Jr.
http://www.courts.mo.gov/Courts/PubOpinions.nsf/ccd96539c3fb13ce8625661f004bc7da/f291298
ad8cf21978625747100797615?OpenDocument
New Jersey: Court dismisses advertising fraud
complaint over “all natural” juice
Holk v. Snapple Beverage Corporation
U.S. District Court for the District of New
Jersey
No. 07-3018 (MLC) (Not for Publication)
Decided June 12, 2008
Opinion by Judge Mary L. Cooper
http://www.corn.org/FDAdecision6-13-08.pdf
New York: Court denies Restaurant Association’s
request for stay of enforcement on menu regs
New York State Restaurant Association
v. New York City Board of Health
U.S. District Court for the Southern District
of New York
No. 08-Civ. 1000 (RJH)
Decided April 18, 2008
Opinion by Judge Richard J. Holwell
http://www.adlawbyrequest.com/_db/_documents/name_new_york_state_restaura.pdf
Rhode Island: State Supreme Court throws
out landmark jury verdict on lead paint
State of Rhode Island v. Lead Industries
Association, Inc., et al.
No. 04-63
Decided July 6, 2008 (Corrected version)
Opinion seriatim (Chief Justice Williams
and Associate Justices Suttell, Flaherty, and Robinson)
http://www.courts.ri.gov/supreme/pdf-files/Corrected%20Version%20State%20v.%20Lead%20Paint
%20Industries%20Assoc.,%20Inc..pdf
__________PHL
NEWS QUOTATION OF THE WEEK___________
“Procrastination is a disaster waiting to
happen.”
-- Bart Evans, of the Pueblo City-County
Health Department in Colorado, on the importance of disaster planning
for businesses. Evans addressed area government agencies and medical
offices on the need for businesses to consider how to remain open
when needed, and evacuation and liability concerns related to natural
and manmade disasters. [See Briefly Noted item, above.]
__________________LAW
BEHIND THE NEWS___________________
This week, the California state legislature
passed AB97, a measure that would require restaurants, hospitals,
and facilities with food preparation areas to stop using oils, shortenings,
and margarines with trans fats by January, 2010. (An exception is
made for deep frying dough and batter -- bakers have until 2011
to stop the use of partially hydrogenated oils.) By January of 2011,
food preparation sites would have to completely end the use of ingredients
with trans fats or face fines from $25 to $1,000. The law would
not apply to school cafeterias, and packaged goods, which cross
state lines, are also exempt.
If signed by Governor Schwarzenegger, the
measure would make California the first to enact a statewide ban
on trans fats. The bill also gives the go-ahead for local governments
to create their own trans fat ordinances. A similar ban fully took
effect in New York City two weeks ago.
To read the text of AB97, visit
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0051-0100/ab_97_bill_20080508_amended_sen
_v92.pdf.
___________________________________________________________
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The News is published by the Public
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and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M.
Leeb, J.D., M.L.S., Editorial Advisor. Special thanks to Lisa Thombley,
J.D., M.P.H. and Rebecca Jesada for their assistance with this issue.
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