From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

*** 'Light' Cigarette Lawsuit Synopsis. The Tobacco Control Legal Consortium has released a new issue of its newsletter, Legal Update. The January/February 2008 issue features a synopsis of light cigarette litigation in federal and state courts. The issue is available at http://www.tclconline.org/documents/Legal-Update-Feb-2008.pdf.

*** USDA Pandemic Influenza Strategy Report. The U.S. Department of Agriculture's Office of Inspector General has released USDA's Implementation of the National Strategy for Pandemic Influenza, available at http://www.usda.gov/oig/webdocs/33701-01-HY.pdf. 

*** Food and Fitness Webcast (2/8). A Webinar, presented by the National Conference of State Legislatures, is free for the first 50 registrants and will provide information on state policies for increasing nutritious food and fitness options and how they are intertwined with economic development. For more information and to register for the Webinar, see http://www.ncsl.org/programs/health/webcast2.htm.

Top Story

1. Iowa: New mandatory lead blood test could swamp government systems

States and Localities

2. Minnesota: Mandatory HPV vaccine 'premature,' state says

3. New York: Nurse admits plucking body parts from 244 corpses for resale

4. North Carolina: North Carolina gets go-ahead in its TVA pollution suit

5. Rhode Island: Former lead paint manufacturers file appeal

6. Washington D.C.: Guide to evacuate region reveals limitations

International

7. Philip Morris readies aggressive global push

Briefly Noted

Alabama toxic suits · California trans fat restrictions · Florida school calories · Louisiana levee ruling · Maryland school pregnancy notification · Massachusetts biosafety lab · Mississippi obesity bill · New York delayed warning suit · Texas school fitness testing · Virginia school trans fat bill · Washington breath tests · E. coli lawyer · Navajo Nation emergency funds · Canada face mask request · European Union food labeling · Ireland tobacco suit

Quotation of the Week

Marilyn Mitton, a Brownsville Independent School District curriculum specialist

This Week's Feature

Monthly Quiz. Welcome back, friends and colleagues, to the Monthly Quiz! Test your memory and you might see your profile in the News. Check out the Quiz, below.

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"New mandatory lead blood test could swamp government systems"

Associated Press     (02/03/08)    

http://www.globegazette.com/articles/2008/02/04/news/latest/doc47a7a05361df5010497091.txt  

Iowa children will be tested for lead as they enter school this fall under a state law passed last year, but some officials are concerned about the cost. "This will probably be one of the highest economic problems in the state if we do not deal with this," said state Rep. Wayne Ford. Health and housing experts warn that unintended consequences of the law could include a statewide shortage of qualified lead inspectors, huge costs for removing or cleaning up lead, and an unprecedented demand for temporary housing when lead is found. Legislators passed the law in an effort to eliminate lead poisoning in the state, which has the sixth-highest percentage of houses built before 1960. Most houses in Iowa were built before 1950, when the amount of lead in paint was highest. When the law takes effect this fall, Iowa will join 13 states that have their own lead testing requirements; health officials in the state have begun writing rules for how school districts will enforce the blood test requirement. According to health experts, lead poisoning is one of the most preventable causes of learning disabilities and brain damage in young children; between 2002 and 2006, more than 10,000 Iowans under age six had toxic levels of lead in their blood. Federal authorities banned lead from paint in 1978, and U.S. government agencies have recommended for several years that small children be tested for lead. Lead blood tests have long been mandatory as part of some federal aid programs.

[Editor's note: To read HF 158, the bill passed by the 2007 Iowa Legislature mandating the lead blood tests, see http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&
menu=text&hbill=HF158.]

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"Mandatory HPV vaccine 'premature,' state says"

Pioneer Press     (02/01/08)     Jeremy Olson

http://www.twincities.com/ci_8134767?nclick_check=1

Last week the Minnesota Department of Health decided not to include the human papillomavirus (HPV) vaccine as a school entry requirement for girls younger than junior high school age. The vaccine prevents HPV infection, which is spread through sexual activity, and can lead to cervical cancer. Plans to require HPV vaccine for school entry requirements have met with strong opposition in many states because some detractors fear it will encourage promiscuity. In Minnesota, state health officials felt the vaccine was too new to impose on schools and parents. "Mandating the vaccine as a requirement for school attendance is premature," said Dr. Sanne Magnan, state health commissioner. The health department found that people were not familiar with the relatively new vaccine, and that insurance companies might not cover the pricey vaccine. And health officials are waiting until more studies ensure the vaccine's long-term benefits, said Dr. Edward Ehlinger, who sits on a state advisory committee for immunization practices. "We think it's going to turn out to be fine, but we don't want to mandate something until more of those studies have been done," he said. Although Minnesota generally has higher rates of Pap smears and routine exams among young women than other states, the state reports 175 new cases and 45 deaths from cervical cancer each year. But the use of HPV vaccine is on the rise in the state. "It's definitely getting into arms," said Kristen Ehresmann, who directs Minnesota's immunization programs. Ehresmann said the health department would revisit the question of a school mandate in three years.

_____________________________3_____________________________

"Nurse admits plucking body parts from 244 corpses for resale"

Associated Press     (01/31/08)     Maryclaire Dale

http://www.phillyburbs.com/pb-dyn/news/103-01302008-1479827.html

A Monroe, New York nurse admitted last week to participating in a scheme to traffic body parts stolen from 244 corpses in Philadelphia, which were used in patients across the United States and Canada. Lee Cruceta was the group's lead "cutter," and pleaded guilty to conspiracy, taking part in a corrupt organization, abuse of a corpse, and 244 counts each of theft and forgery. According to the indictment, the ring worked with funeral directors in Philadelphia and New York, and forged death certificates to hide diseases including AIDS, cancer, and hepatitis C. Donors' ages and dates of death were also changed to make the specimens more desirable. The tissues were distributed by Biomedical Tissue Services to about 10,000 people, and used in disk replacements, knee operations, dental implants, and other procedures. A flood of civil suits are expected to be filed on behalf of transplant recipients. Three Pennsylvania funeral directors have pleaded not guilty and are awaiting trial. According to prosecutors, accused ringleader Michael Mastromarino is expected to plead guilty. Mastromarino is thought to have collected $6 to $12 million through the scheme.

_____________________________4_____________________________

"North Carolina gets go-ahead in its TVA pollution suit"

News and Observer     (02/01/08)     Wade Rawlins

http://www.newsobserver.com/politics/story/916904.html

Last week, a federal appeals court ruled that North Carolina can move forward with a nuisance lawsuit against the Tennessee Valley Authority (TVA). North Carolina filed suit in 2006, claiming that the health of the state's residents was suffering because of pollutants from TVA's coal-fired power plants. The suit demands that the utility clean up the plants and reduce air pollution alleged to drift across the mountains and into North Carolina from its plants in Alabama, Kentucky, and Tennessee. TVA filed a motion to dismiss on the grounds that, as a federal agency, the utility has immunity from nuisance suits. (TVA was created in 1933 with the passage of the Tennessee Valley Authority Act, and is considered to be the nation's largest public power company.) A three-judge panel of the U.S. 4th Circuit Court of Appeals rejected TVA's motion, and upheld an earlier lower court decision to let the suit continue. TVA officials say their plants comply with federal clean air rules. John Moulton, a TVA spokesman, said the utility conducted an analysis that determined that emissions from power plants within North Carolina were more detrimental to air quality than emissions from the out-of-state TVA plants. But evidence from environmental health experts suggests that public health would improve in Southeastern and Midwestern states if TVA reduced emissions. The evidence predicted 1,400 fewer premature deaths a year, and 2,300 fewer missed school days from asthma and other conditions. Nineteen states joined North Carolina in opposing the appeal.

[Editor's note: Visit http://www.tva.gov/abouttva/pdf/TVA_Act.pdf to read the text of the TVA Act.]

_____________________________5_____________________________

"Former lead paint manufacturers file appeal"

Associated Press     (01/31/08)     Eric Tucker

http://www.boston.com/news/local/rhode_island/articles/2008/01/31/lead_paint_companies_to_
file_arguments_in_appeals_case/      

Three paint manufacturers in a case working its way through the Rhode Island court system have asked the state Supreme Court to overturn the jury verdict against them. Two years ago, a jury found the manufacturers liable for creating a public nuisance with their lead-based paints, in the first case ever brought by a state against a paint manufacturer The manufacturers claim in their appeal that the trial judge admitted prejudicial testimony and allowed the jury to issue a verdict without evidence that the companies' products were used on any particular building in Rhode Island or that their products had been sold there. At trial, the state said lead-based paint in homes and other buildings created a public nuisance that poisons children and burdens homeowners and taxpayers with remediation costs. According to the manufacturers, the public nuisance theory unfairly allowed the state to claim that a major public health problem existed without identifying individual properties that contained lead-based paint. However, the state's public nuisance claim was focused on the cumulative harm caused by lead-based paint rather than individual properties, said Jack McConnell, a lawyer for Rhode Island. "They constantly want us to be required to show particular companies' paint on a particular wall in Rhode Island -- and that's not the public nuisance claim that the state brought," McConnell said. Since winning the trial, the state has proposed that the companies -- Sherwin-Williams Co., NL Industries, Inc., and Millenium Holdings LLC -- pay some $2.4 billion to remove lead paint contamination from roughly 240,000 homes. Appellate arguments have been scheduled for May 15, 2008.

_____________________________6_____________________________

"Guide to evacuate region reveals limitations"

Washington Post     (02/04/08)     Mary Beth Sheridan

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/03/AR2008020302923.html?
wpisrc=rss_metro

Washington D.C.-area emergency planners have produced a new planning guide for governments, a project originally intended to create a unified evacuation plan for use during a terrorist attack or other disaster. After more than a year of work, area officials decided, "[y]ou can't have one operational plan across state, commonwealth and District for evacuation. But what you can do is understand what is everybody's plan and how they fit together," said Chris Geldart, who represents the D.C. area at the U.S. Department of Homeland Security. Further, the guide provides a foundation for a more integrated regional plan to be developed in the future, he said. The current iteration of the guide highlights the patchwork nature of plans that emanate from 17 cities and counties situated in two states and the federal District. Because of the number of jurisdictions involved, a direct chain of command is not possible. Instead, "[t]he solution to this has to be an understanding among jurisdictions, not just agreeing about evacuation routes, but about who's in charge," said Irwin Redlener, of the National Center for Disaster Preparedness at Columbia University's Mailman School of Public Health. The guide also details evacuation for those without cars, but notes that many jurisdictions have not yet arranged for provisions including bottled water or portable restrooms to be available at pickup points for those on foot. "Every jurisdiction is going to have to look at that and come up with their own solutions. What it does do is give us a common set of priorities we all need to work on," said Darrel L. Darnell, of the D.C. homeland security office.

[Editor's note: A version of the District Response Plan is available at http://dcema.dc.gov/dcema/lib/dcema/drp(underrevison2007)copy.pdf.]

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"Philip Morris readies aggressive global push"

Wall Street Journal     (01/29/08)     Vanessa O'Connell

http://online.wsj.com/public/article_print/SB120156034185223519.html (subscription required)

In a move thought to protect the tobacco giant from regulation and litigation in the United States, Philip Morris International (PMI) is expected to split from Philip Morris USA. The company, which produces the popular Marlboro cigarette, is the third most profitable consumer goods concern in the world. The split will allow PMI to target new cigarette concepts to different international markets, where smokers are expected to inhale 5.2 trillion cigarettes this year. According to PMI's Chief Executive André Calantzopoulos, regulation of tobacco in Europe and in other nations that have adopted the World Health Organization's Framework Convention on Tobacco Control put tight restrictions on tobacco sales and marketing. But public health advocates worry that an independent PMI will be even less encumbered by regulation. "There is a fear that after the spinoff, PMI will become even less accountable than it is today," said Richard Daynard, a Northeastern University law professor. It is precisely because of the rapidly changing legislative climate around the world that "manufacturers are needing to spot potential first, act rapidly on a national level rather than on a regional level," said Zora Milenkovic, chief tobacco analyst for the research firm Euromonitor International. Calantzopoulos recently simplified decision-making procedures at PMI, giving local managers the power to decide which new products might do best in a particular region. New products are intended to strengthen and broaden the success of Marlboro cigarettes, the world's leading brand. "It's in pretty good shape, but we can do much more with the brand," said Calantzopoulos.

_____________________BRIEFLY NOTED______________________

Alabama: Court rules to extend statute of limitations

"Alabama Supreme Court opens door for toxic lawsuits"

Press-Register     (01/29/08)     Brendan Kirby

http://www.al.com/news/press-register/index.ssf?/base/news/120160181666900.xml&coll=3

California: City moves toward voluntary program

"S.F. targets artery-clogging trans fats"

San Francisco Chronicle     (01/30/08)     Wyatt Buchanan

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/30/BAN6UOICN.DTL

Florida: Amid obesity epidemic, audit finds schools may be underfeeding kids

"Lunch dilemma: too few calories, too many fat kids"

Miami Herald     (01/31/08)     Nirvi Shah

http://www.miamiherald.com/295/story/400520.html

Louisiana: Judge absolves Army Corps of Engineers of liability for flooding after Katrina

"In court ruling on floods, more pain for New Orleans"

New York Times     (02/01/08)     Adam Nossiter

http://www.nytimes.com/2008/02/01/us/01corps.html?_r=1&oref=slogin

Maryland: Rule requires school employees to notify school if student is or might be pregnant

"Pregnancy notification policy alarms some health experts"

Washington Post     (02/03/08)      Susan DeFord

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/02/AR2008020201952.html

Massachusetts: Biosafety facility delayed during extensive environmental review

"Opening of controversial biolab delayed"

Associated Press     (02/01/08)

http://www.bostonherald.com/news/regional/general/view.bg?articleid=1070606

Mississippi: House Bill would prohibit restaurants from serving food to obese people

"Obesity bill has tongues wagging"

Sun Herald     (02/03/08)     Geoff Pender

http://www.sunherald.com/278/story/343303.html

New York: Hep. C patient sues state for failing to inform of doctor's reuse of syringes

"Hepatitis victim sues state in delayed warning"

Newsday     (01/31/08)     Michael Amon

http://www.newsday.com/news/local/ny-lisuit0131,0,6078579.story

Texas: New rule requires physical fitness tests for all students

"Fitness testing becomes mandatory for Texas school children"

Brownsville Herald     (01/30/08)     Gary Long

http://www.brownsvilleherald.com/news/health_83942___article.html/school_texas.html

Virginia: Bill would direct schools superintendent to develop guidelines

"Va. Senate backs phaseout of trans fats in school food"

Washington Post     (01/30/08)     Sandhya Somashekhar and Annie Gowen

http://www.washingtonpost.com/wp-dyn/content/article/2008/01/29/AR2008012903121.html

Washington: Court ruling prohibits breath tests until lab problems are fixed

"Court throws out DUI breath tests"

Seattle Post-Intelligencer     (01/30/08)     Tracy Johnson

http://seattlepi.nwsource.com/local/349345_duiruling31.html

Washington: Seattle-based Marler is 'king of food poisoning litigation'

"E. coli lawyer is busier than ever"

Associated Press     (02/04/08)     Paul Elias

http://hosted.ap.org/dynamic/stories/E/E_COLI_LAWYER?SITE=OHCOL&SECTION=HOME&
TEMPLATE=DEFAULT

Navajo Nation: Legislation provides funds to 110 chapter houses for use in emergencies

"Navajo president OKs emergency funds for tribal chapters"

Associated Press     (02/01/08)    

http://www.lcsun-news.com/ci_8132061

Canada: Request for face mask leads to delayed trial, complaints from HIV/AIDS advocates

"Judge probed for insisting HIV-positive witness wear a mask"

CBC News     (01/31/08)

http://www.cbc.ca/health/story/2008/01/31/judge-hiv.html?ref=rss

European Union: Food label nutrition info to be standardized across 27 nations

"EU brings in compulsory food labeling to curb obesity"

The Guardian     (01/31/08)     Ian Traynor and Sarah Boseley

http://www.guardian.co.uk/society/2008/jan/31/health.foodanddrink

Ireland: European Commission begins legal action over minimum prices on tobacco

"Tobacco prices land Ireland in court"

The Irish Times     (02/01/08)     Jamie Smyth

http://www.ireland.com/newspaper/ireland/2008/0201/1201501881621.html (subscription required)

__________PHL NEWS QUOTATION OF THE WEEK___________

"We need to level the playing field, or rather, get the kids back out on the playing field."

-- Marilyn Mitton, a Brownsville Independent School District curriculum specialist, on a new Texas law requiring schools to test students in all grades for physical fitness levels. The new rule will require fitness assessment components to test students' aerobic capacity, body composition, muscular strength, endurance and flexibility. [See Briefly Noted item, above.]

___________THE MONTHLY QUIZ: JANUARY 2008___________

Welcome to the Monthly Quiz! To win, be the first reader to answer all the quiz questions correctly. The winner will be recognized in the News (if you prefer to be not to be recognized, please let us know).

Each quiz contains questions from News stories and other content published in January (for past issues, visit http://www2a.cdc.gov/phlp/dailynews/default.asp). Check next week's issue of the News for the correct answers. Submit your answers by email to cseely@cdc.gov.

For each of the following questions, choose the one best answer.

1. "We believe there is really no safe level of ________ in our drinking water," said Bernadette Del Chiaro -- making the list as one of the top News quotes of 2007. (January 2, 2008 issue)

A. dirt

B. sewage

C. rocket fuel

D. mercury

2. According to the 2007 Youth Risk Behavior Survey, New York City's teenage population ____________ at a faster rate than adults. (January 9, 2008 issue)

A. became infected with HIV

B. stopped smoking

C. developed diabetes

D. none of the above

3. New Jersey landlords with single- and two-family rental properties must now have their properties inspected every five years for lead-based paint hazards. True or False? (January 16, 2008 issue)

A. True

B. False

4. Some 4,400 deaths in California every year are attributed to ­­­­­­­­­­­­­­­­­______________. (January 23, 2008 issue)

A. workplace chemical exposure          

B. auto accidents related to text messaging

C. global warming

D. lack of healthcare coverage

5. The Journal of School Health has published "A CDC Review of _______________ Concerning Child and Adolescent Health." (January 30, 2008 issue)

A. Smoking Laws and Policies

B. Driving Laws and Policies

C. School Laws and Policies

D. Obesity Laws and Policies

___________________________________________________________

The CDC Public Health Law News is published each Wednesday 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 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 weekly 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 the Chief of Public Health Practice, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S., Editorial Advisor.