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

Announcements

*** Pandemic Influenza Preparedness. The American Health Lawyers Association has released “Community Pan-Flu Preparedness: A Checklist of Key Legal Issues for Healthcare Providers.” To download the Checklist, visit http://www.healthlawyers.org/Template.cfm?Section=Public_Information_Series&Template
=/ContentManagement/ContentDisplay.cfm&ContentID=55721.

*** DHHS and DHS Pandemic Vaccination Guidance. The U.S. Departments of Health and Human Services and Homeland Security have released guidance on allocating and targeting pandemic influenza vaccine. The guidance provides a planning framework to help state, tribal, local and community leaders ensure that vaccine allocation and use will reduce the impact of a pandemic on public health. Visit http://www.pandemicflu.gov/vaccine/allocationguidance.pdf.

*** Expedited Partner Therapy. The American Bar Association House of Delegates recently passed a resolution advocating the elimination of legal barriers to the implementation of Expedited Partner Therapy nationally. EPT is used in the treatment of certain sexually transmitted diseases and allows for the direct delivery of medications by infected persons to their sex partners without a clinical assessment of the partners. For more information, visit http://www.abanet.org/leadership/2008/annual/recommendations/OneHundredSixteenA.doc.

*** Tenants and Tobacco Smoke Fact Sheet. The Public Health Law and Policy Technical Assistance Legal Center has released “How Disability Laws Can Help Tenants Suffering from Drifting Tobacco Smoke,” available at http://talc.phlpnet.org/pubs/publications.php?choice=new_browse&search=199.

*** Tobacco Symposium Proceedings. Proceedings from the October 2007 Tobacco Control Legal Consortium symposium are available at http://tclconline.org/symposium-proccedings.html.

*** Childhood Obesity Progress Assessment. The National Academies Press has released Progress in Preventing Childhood Obesity: How Do We Measure Up? available at http://www.nap.edu/catalog.php?record_id=11722.

*** NC Liability Protection for Private Entities Act Signed. North Carolina Gov. Mike Easley has signed into a law a bill to improve emergency preparedness by giving businesses and nonprofits additional liability protection when they voluntarily assist the state or local governments in carrying out emergency management activities during a declared emergency. For more information, visit http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=S+1766.

*** Public Health Preparedness Summit Abstracts (8/31). Abstract submissions for the Public Health Preparedness Summit, which will be held February 18-20, 2008 in San Diego, are due August 31. For more information, visit http://www.phprep.org. 

*** Obesity Conference (9/19-9/21). The Public Health Advocacy Institute (PHAI) and  Public Health Law and Policy (PHLP) will sponsor the Fifth Conference on Public Health, Law, and Obesity, September 19-21, 2008 at Northeastern University in Boston. With input from attendees, the conference will develop recommendations for the presidential transition team. For more information and to register for the conference, visit http://www.phaionline.org/obesityconference2008.

*** Bioethics and Health Policy Fellowship (12/08). The Greenwall Fellowship Program in Bioethics and Health Policy, an interdisciplinary program sponsored jointly by Johns Hopkins and Georgetown Universities, is offering interdisciplinary, two-year Fellowships for early-career legal scholars with outstanding potential. Appointments will begin in September 2009. Deadline for receipt of applications is December 12, 2008. For more information, visit the Academic Training section of http://www.bioethicsinstitute.org or contact fellows@jhsph.edu.

Top Story

1. California: Los Angeles stages a fast food intervention

Tribal

2. Navajo Nation: Navajo president vetoes smoking ban

National

3. Bush declared 422 major disasters

4. Bush signs consumer bill

5. House passes bill to let FDA police tobacco

6. Plaintiffs’ lawyers fight restrictions on product-liability suits

7. U.S. acts to open borders to foreigners with HIV

Briefly Noted

California drugstore smokes ban · Trans fat ban · Florida school vaccinations · Iowa HPV suit · Minnesota drug court · New Jersey hospital warning system · New York responder interoperability · Pennsylvania body-parts plea · Rhode Island lead paint suit costs · Navajo Nation power plant appeal · National motorcycle deaths · Contraception rule · Argentina obesity declaration · Canada HIV suit · England BMI reports · Germany smoking ban suit · Mozambique Braille Constitution · Uganda smoking ban enforcement

Journal Articles

Michigan, Nebraska nursing home preparedness · New York City calorie information · Pennsylvania motorcycle helmets · Alcohol and tobacco marketing · Tobacco control policies and adult smoking · Menu labeling laws · Mandatory immunizations · Mental health courts · Menthol cigarettes · Australia food advertising · European Union food safety regulation · Smoke-free legislation and acute coronary syndrome · Tobacco advertising bans in developing countries · Criminalization of HIV transmission

Court Opinions

Indiana public water system ruling · Federal MTBE expert · Cipro FOIA request · FCC emergency backup power · South Africa XDR TB isolation

Quotation of the Month

Harold Goldstein, executive director of the California Center for Public Health Advocacy

_____________________________1_____________________________

“Los Angeles stages a fast food intervention”

New York Times     (08/13/08)     Kim Severson

http://www.nytimes.com/2008/08/13/dining/13calo.html?partner=rssnyt&emc=rss

Last month, the Los Angeles, California, City Council enacted a yearlong moratorium on opening new fast food restaurants in the city’s poorest neighborhoods. A fast food business is defined as a stand-alone restaurant with a “limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.” The measure, thought to be the first of its kind in the nation, is intended to encourage variety and give South Los Angeles residents access to more nutritious food options, said the moratorium’s sponsor, Councilwoman Jan Perry. The moratorium will give city planners time to decide on other efforts to curb obesity and related diseases. “People do not understand what happens in a disenfranchised community,” said Perry. “The fact remains, there are not a lot of food choices in South L.A.” But many are opposed to the plan, arguing that better quality food options will get unfairly squeezed out by the moratorium. “Our policy makers abhor nuance and the subtle but distinct qualities that differentiate fast food from food that can be served fast,” said Larry Bain, who runs two hot dog carts in San Francisco. Others also believe the moratorium is offensive. “The crime in all of this is that people are sitting around meddling into the very minutiae of what people are putting in their mouths,” said Joe R. Hicks, a local radio talk show host. Perry defended her motives, saying that this measure is no different from other ways cities try to protect neighborhoods.

_____________________________2_____________________________

“Navajo president vetoes smoking ban”

Susan Montoya Bryan     (08/08/08)     Associated Press

http://www.lcsun-news.com/ci_10130758

Navajo Nation President Joe Shirley Jr. has vetoed the Commercial Tobacco Free Act, legislation intended to prevent the use of tobacco products in all public places on the Navajo Nation, including casinos. The law would have promoted “shared public airspace” but exempted traditional or religious ceremonies. President Shirley felt the ban would infringe on religious ceremonies and have a detrimental effect on revenues generated by its gaming initiatives, expressing concern that the law “is unreasonably broad, unenforceable, provides no administrative appeal process, puts the Nation at a competitive disadvantage, and fails to address the real problem on the Navajo Nation of underage smoking.” Shirley said he would work to draft a new law that would address underage smoking, while protecting ceremonial uses of tobacco and smoking in casinos. “I’m very disappointed that the president of the Navajo Nation has vetoed this landmark legislation,” said Dr. Patricia Nez Henderson, who testified on behalf of the Act. “He, of course, knows that it is all about the health of the Navajo people but he’s basically putting money before health.”

_____________________________3_____________________________

“Bush declared 422 major disasters”

New York Times     (08/10/08)     Austin Bogues

http://www.nytimes.com/2008/08/10/washington/10disasters.html

Since 2001, President Bush has declared 422 “major disasters” in jurisdictions across the United States. To trigger federal relief for severe storms, tornadoes, wildfires, and floods under the Stafford Act, a state governor must request that the President declare that a major disaster exists in that state. Money is then released to assist with health and safety measures and other essential community services; the federal government is said to contribute at least 75 percent of the cost.  Although experts cannot agree on the cause of the increase in major disaster declarations, most believe the trend will continue.

[Editor’s note: Section 102 of the Stafford Act defines “major disaster” as “any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.” See http://www.fema.gov/pdf/about/stafford_act.pdf.]

_____________________________4_____________________________

“Bush signs consumer bill”

Reuters     (08/14/08)     Georgina Coolidge

In an effort to address last summer’s series of toy recalls, President Bush recently signed into law a bill designed to improve consumer product safety. The new law significantly reduces the amount of lead allowed in toys, partially bans phthalates (a group of chemicals which soften plastics), and increases funding for the Consumer Protect Safety Commission (CPSC). The phthalate restrictions will permanently ban three types of the chemicals from children’s toys and products, and three others will be banned temporarily while being further studied. The new law will increase CPSC’s annual budget from $80 million to $118 million starting in FY2010, and to $136 million within five years, and grants CPSC authority to inspect the proprietary labs of manufacturers. The law also increases criminal penalties for violation of the Commission’s regulations. “This bill patches up our current system by giving the CPSC the resources, regulatory authority and enforcement tools it needs to protect consumer[s] from hazards posed by unsafe products,” said Rachel Weintraub of the Consumer Federation of America.

[Editor’s note: Read the text of the Consumer Product Safety Commission Reform Act, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h4040enr.txt.pdf.]

_____________________________5_____________________________

“House passes bill to let FDA police tobacco”

Media General News Service     (07/31/08)     Neil H. Simon

http://www2.journalnow.com/content/2008/jul/31/house-passes-bill-to-let-fda-police-tobacco/news/

A bill passed by the U.S. House of Representatives in July would bring tobacco products under the purview of the federal government for the first time. The Family Smoking Prevention and Tobacco Control Act has enjoyed the support of the nation’s leading cigarette maker, Philip Morris USA, but is bitterly opposed by the rest of the tobacco industry. Among its provisions, the bill would give the U.S. Food and Drug Administration the authority to curtail marketing, control nicotine levels, and ban most flavored cigarettes (except menthol). The agency’s administrative duties under the bill are projected by the Congressional Budget Office to cost about $2.2 billion over five years. But while the bill passed the House by a large margin (326 to 102), a similar bill has been stalled in the Senate since last summer. “We really don’t think it will reach the Senate floor,” said Susan Ivey, president of Reynolds American Inc, an opponent of the bill. “We continue to have dialogue to talk about potential alternative regulation.” Senate leaders have not yet decided to bring the bill to a vote before the November elections, and the White House has indicated that the President will veto the measure.

[Editor’s note: To read the full text of HR 1108, the Family Smoking Prevention and Tobacco Control Act, visit http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h1108eh.txt.pdf.]

_____________________________6_____________________________

“Plaintiffs’ lawyers fight restrictions on product-liability suits”

Wall Street Journal     (08/13/08)     Alicia Mundy

http://online.wsj.com/article/SB121858968255135401.html?mod=googlenews_wsj  (subscription required)

In November, the U.S. Supreme Court will hear Wyeth v. Levine, settling the debate over whether federal drug approval acts to preempt state law product liability claims. The plaintiff in Wyeth is Diana Levine, a professional guitarist who lost her arm after receiving an injection of an anti-nausea drug. The Vermont Supreme Court upheld an earlier jury verdict that found Wyeth had not sufficiently warned consumers about the drug’s dangers if improperly injected. With the support of the federal government, Wyeth has argued that the company should not be held liable because the U.S. Food and Drug Administration (FDA) approved the drug’s label. The Court’s decision will directly affect dozens of similar lawsuits pending against drugmakers. Corporate defense attorneys feel positive about the outcome of the case, and believe the Supreme Court will side with the defense bar. “Product-liability lawsuits challenge FDA sovereignty, undercut having one label standard, increase costs and render drugs much less safe,” said Jay Lefkowitz, former general counsel at the U.S. Office of Management and Budget. In the event of an adverse ruling, trial lawyers and consumer advocates hope to see enacted a federal law protecting consumers’ right to sue.

[Editor’s note: To follow Wyeth v. Levine, visit http://www.supremecourtus.gov/docket/06-1249.htm.]

_____________________________7_____________________________

“U.S. acts to open borders to foreigners with HIV”

San Antonio Express-News     (08/10/08)     Hernán Rozemberg

http://www.mysanantonio.com/news/national/us_acts_to_open_bordersto_foreigners_with_hiv100.html

During the first week of August, President Bush signed into law a provision to remove the Immigration and Nationality Act’s ban on international travelers with HIV or AIDS from entering the United States.. The new provision, found in  the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, was championed by Immigration Equality, an New York-based advocacy group. “Today everyone knows that you can’t get AIDS from sitting next to someone on an airplane or sharing a bathroom -- American policy should reflect this,” said Victoria Neilson, the group’s legal director. The ban will not be fully lifted until the Secretary of Health and Human Services removes HIV from the agency’s list of “communicable diseases of public health significance.” The provision did not receive unanimous support in Congress. U.S. Rep. Lamar Smith of San Antonio, Texas, argued against it, saying it “threatens the health and lives of Americans.” Smith cited a Congressional Budget Office report predicting that revoking the travel ban would allow 4,300 immigrants with HIV into the country in 2013, and 5,600 by 2018. The report also estimated that the public cost of treating those immigrants could be as high as $83 million. According to the International AIDS Society, 67 other countries also restrict the entrance or duration of HIV-infected patients.

[Editor’s note: To read the text of HR 5501, the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, visit http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5501enr.txt.pdf.]

_____________________BRIEFLY NOTED______________________

California: Measure proposed by Mayor is first in U.S.

“San Francisco board passes drugstore tobacco ban”

Associated Press     (07/30/08)     Malia Wollan

http://ap.google.com/article/ALeqM5hcFdfolfWVvLPMcDYBUjWE6DlaOQD927TMOG1

California: State becomes first to restrict trans fat

“Schwarzenegger signs law banning trans fats in restaurants”

Los Angeles Times     (07/26/08)     Patrick McGreevy

http://www.latimes.com/news/local/la-me-transfat26-2008jul26,0,2161554.story

Florida: More than 10,000 students seek exemptions

“Poverty, health fears leave kids unvaccinated”

Miami Herald     (08/15/08)     Fred Tasker

http://www.miamiherald.com/news/florida/story/642842.html

Iowa: HPV infection jury awards $700,000 for pain and suffering; $800,000 in punitives

“$1.5 million awarded in HPV lawsuit”

Cedar Rapids Gazette     (08/11/08)     Trish Mehaffey

http://www.gazetteonline.com/apps/pbcs.dll/article?AID=/20080811/NEWS/924657715/1006/news

Minnesota: Some observers question drug court’s impact

“Turning failures into good citizens”

Star Tribune     (08/11/08)     Rochelle Olson

http://www.startribune.com/local/26819214.html?elr=KArks:DCiUHc3E7_V_nDaycUiacyKUU 

New Jersey: New law creates system to warn state about distressed hospitals

“Early warning system for ailing hospitals becomes law”

Star-Ledger     (08/09/08)     Angela Stewart

http://www.nj.com/news/index.ssf/2008/08/early_warning_system_for_ailin.html

New York: City’s first responders now fully interoperable

“Police and fire radios are talking to each other”

New York Times     (07/31/08)     Christine Hauser

http://www.nytimes.com/2008/07/31/nyregion/31comm.html?partner=rssnyt&emc=rss

Pennsylvania: Stolen cadaver tissue may have gone to 13,000 patients

“Phila. funeral director pleads guilty in body-parts ring”

Philadelphia Inquirer     (08/14/08)     Joseph A. Slobodzian

http://www.philly.com/inquirer/home_region/26945379.html

Rhode Island: Paint companies seek to recover unspecified amount from 9-year legal battle

“Lawyers in R.I. lead paint case argue court costs”

Associated Press     (08/15/08)     Eric Tucker

http://biz.yahoo.com/ap/080815/lead_paint_lawsuit.html?.v=4

Navajo Nation: Groups appeal air permit granted for coal-fired power plant

“Groups challenge EPA permit”

Associated Press     (08/14/08)     Sue Major Holmes

http://www.santafenewmexican.com/SantaFeNorthernNM/NAVAJO-NATION-Groups
-challenge-EPA-permit

National: Higher deaths attributed to more bikes, high gas prices, fewer helmet laws

“Deaths of motorcyclists rise again”

New York Times     (08/15/08)     Matthew L. Wald

http://www.nytimes.com/2008/08/15/us/15fatal.html

Argentina: Obesity and other eating disorders now covered by public, private healthcare

“Argentine senate declares obesity a disease”

Associated Press     (08/13/08)    

http://news.yahoo.com/s/ap/20080814/ap_on_re_la_am_ca/argentina_obesity_law

Canada: Woman alleges officials failed to warn her about known HIV carrier

“HIV suit raises issue of patient privacy”

Canadian Press     (08/15/08)    

http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1157546

England: Parents now must opt out of National Child Measurement Programme

“Parents to get ‘fat reports’ after children are weighed”

Independent     (07/27/08)     Brian Brady and Jane Merrick

http://www.independent.co.uk/life-style/health-and-wellbeing/health-news/parents-to-get-fat
-reports-after-children-are-weighed-878266.html

Germany: Court finds bans unconstitutionally discriminate against small corner bars

“German court overturns smoking bans in 2 states”

New York Times     (07/31/08)     Nicholas Kulish

http://www.nytimes.com/2008/07/31/world/europe/31berlin.html?partner=rssnyt&emc=rss

Mozambique: Braille Constitution intended to uplift human rights despite disabilities

“Moz launches Braille constitution”

Independent Online     (08/15/08)

http://www.iol.co.za/index.php?art_id=nw20080815100250212C679471

Uganda: Government officials find confusion over enforcement hinders implementation

“Police, NEMA rift on smoking ban”

Monitor     (08/14/08)

http://www.monitor.co.ug/artman/publish/regional-special/Police_Nema_rift_on_smoking_ban
_69808.shtml

OBITUARIES

California: “Godfather” of healthcare lawyers helped found American Health Lawyers precursor

“James E. Ludlam, 93; pioneer in healthcare law”

Los Angeles Times     (08/18/08)     Dennis McLellan

http://www.latimes.com/news/science/la-me-ludlam18-2008aug18,0,6758243.story

Florida: Attorney represented state in landmark tobacco suit

“Attorney in Fla. anti-tobacco lawsuit dies at 78”

Associated Press     (08/05/08)

http://biz.yahoo.com/ap/080804/obit_robert_montgomery_jr.html?.v=2

Massachusetts: Former Surgeon General was fierce adversary of tobacco industry

“Dr. Julius B. Richmond, who led Head Start and battled tobacco, dies at 91”

New York Times     (07/30/08)     Bruce Weber

___________________JOURNAL ARTICLES____________________

“Preparedness for pandemic influenza in nursing homes: a 2-state survey”

JAMA     (07/23/08)     Philip W. Smith and others

http://jama.ama-assn.org/cgi/content/extract/300/4/392  (subscription required)

“Purchasing behavior and calorie information at fast-food chains in New York City, 2007”

American Journal of Public Health     (08/08)     Mary T. Bassett and others

http://www.ajph.org/cgi/content/abstract/98/8/1457  (subscription required)

“…Motorcycle-related head injury deaths … following repeal of … motorcycle helmet law”

American Journal of Public Health     (08/08)     Kristen J. Mertz and Harold B. Weiss

http://www.ajph.org/cgi/content/abstract/98/8/1464 (subscription required)

“Alcohol and tobacco marketing: evaluating compliance with Outdoor Advertising Guidelines”

American Journal of Preventive Medicine     (09/08)     Molly M. Scott and others

http://www.ajpm-online.net/article/S0749-3797(08)00505-9/fulltext  (subscription required)

“Impact of tobacco control policies and mass media campaigns on monthly adult smoking …”

American Journal of Public Health     (08/08)     Melanie A. Wakefield and others

http://www.ajph.org/cgi/content/abstract/98/8/1443  (subscription required)

“Legal and public health considerations affecting the … impact of menu-labeling laws”

American Journal of Public Health     (09/08)     Jennifer L. Pomeranz and Kelly D. Brownell

http://www.ajph.org/cgi/content/abstract/AJPH.2007.128488v1n (subscription required)

“Mandates for adolescent immunizations”

American Journal of Preventive Medicine     (08/08)     National Vaccine Advisory Committee

http://www.ajpm-online.net/article/S0749-3797(08)00379-6/fulltext (subscription required)

“Mental health courts as a way to provide treatment to violent persons with … mental illness”

JAMA     (08/13/08)     H. Richard Lamb and Linda E. Weinberger

http://jama.ama-assn.org/cgi/content/short/300/6/722 (subscription required)

“Tobacco industry control of menthol in cigarettes and targeting of adolescents and …”

American Journal of Public Health     (09/08)     Jennifer M. Kreslake and others

http://www.ajph.org/cgi/content/abstract/AJPH.2007.125542v1 (subscription required)

“Parental awareness and attitudes about food advertising to children in Australia”

Australian and New Zealand Journal of Public Health     (08/06/08)    Belinda Morley and others

http://www3.interscience.wiley.com/cgi-bin/fulltext/121371364/HTMLSTART

“Food safety regulation in the European Union: toward an unavoidable centralization …”

Texas International Law Journal     (Summer 2008)     Emilie Leibovitch

http://tilj.org/docs/08_Leibovitch_PUB.pdf

“Smoke-free legislation and hospitalizations for acute coronary syndrome”

New England Journal of Medicine     (07/31/08)     Jill P. Pell and others

http://content.nejm.org/cgi/content/short/359/5/482 (subscription required)

“The impact of tobacco advertising bans on consumption in developing countries”

Journal of Health Economics     (07/08)     Evan Blecher

http://www.sciencedirect.com/science/journal/01676296

“The case against criminalization of HIV transmission”

JAMA     (08/06/08)     Scott Burris and Edwin Cameron

http://jama.ama-assn.org/cgi/content/short/300/5/578 (subscription required)

___________________COURT OPINIONS____________________

Indiana: Unconnected wells serving apartment complex found to be public water system

Indiana Department of Environmental Mgmt. v. Construction Mgmt. Associates

Court of Appeals of Indiana

No. 52A02-0711-CV-994

Decided July 18, 2008

Opinion by Judge Nancy H. Vaidik

http://www.in.gov/judiciary/opinions/pdf/07180802nhv.pdf

Federal: Court rules to allow expert MTBE testimony

In re: Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation

U.S. District Court for the Southern District of New York

Master File No. 1:00-1898

Decided July 1, 2008

Opinion by U.S. District Judge Shira A. Scheindlin

http://www.scribd.com/doc/3347865/In-Re-Methyl-Tertiary-Butyl-Ether-MTBE-Products-Liability-
Litigation-Document-No-1110

Federal: Court upholds FOIA request for information on Ciprofloxacin

Government Accountability Project v. U.S. Department of Health and Human Services

U.S. District Court for the District of Columbia

Civil N. 07-1702 (CKK)

Decided August 4, 2008

Opinion by U.S. District Judge Colleen Kollar-Kotelly

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2007cv1702-13

Federal: Court finds challenge to FCC emergency backup power rule not ripe for review

CTIA - The Wireless Association v. Federal Communications Commission

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

No. 07-1475, 07-1477, 07-1480

Decided July 8, 2008

Opinion by Judge A. Raymond Randolph

http://pacer.cadc.uscourts.gov/docs/common/opinions/200807/07-1475-1126058.pdf

South Africa: Court finds compulsory isolation of XDR-TB patients justifiable

Minister of Health for the Western Cape v. Goliath

High Court of South Africa, Cape of Good Hope Provincial Division

No. 13741/2007

Decided July 28, 2008

Opinion by Judge B.M. Griesel

http://law.sun.ac.za/proxy10132/faculty-law-portlets/documenthandlerservlet?id=1105

__________PHL NEWS QUOTATION OF THE WEEK___________

”There is not a single public health crisis in the history of mankind that has been solved by handing out brochures.”

-- Harold Goldstein, executive director of the California Center for Public Health Advocacy, on why posting calorie counts on restaurant menu boards is preferential to making the information available on wall posters, tray liners, or brochures. [See item 1, above.]

___________________________________________________________

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

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

The News is published by the Public Health Law Program, Office of Strategy and Innovation, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Karen M. Leeb, J.D., M.L.S., Editorial Advisor.