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/.]

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“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.]

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“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.]

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“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.]

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“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.]

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“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.]

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“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&section=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 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 Lisa Thombley, J.D., M.P.H. and Rebecca Jesada for their assistance with this issue.