Applicant proposes to produce a series of twelve legal policy papers on the most effective legal strategies that states, municipalities, health insurers, and public health/interest groups can pursue to reduce tobacco use and curtail youth access to tobacco products, applicants propose to produce carefully researched and authoritative legal policy papers on the scope of authority granted to local governmental bodies -- then identify six states which reflect the current range of approaches to local legislation and regulation -- and examine seven key issues for each of the six stat es; sources from which local governmental bodies in each of the six states derive the power to restrict and control tobacco sale and use; bans of tobacco billboards and taxi roof ads; bans on smoking in public areas such s restaurants; bans of free-standing tobacco product displays; bans of sampling; vending machine bans;. and the use of compliance checks. Statewide Reimbursement Legal Policy Research States and health insurers are beginning to sue for reimbursement from the tobacco industry for smoking cessation and health expenses to transfer the costs associated with cessation therapies and tobacco-induced illnesses from the states and health plan subscribers to the tobacco companies, increasing the price of tobacco products and reducing consumption, especially consumption by youth. The tobacco industry has, however, launched constitutional and procedural attacks designed to de rail this strategy. Investigators propose to produce policy papers on the viability of three possible strategic: states' use of consumer protection laws and common law theories to recoup tobacco- caused medical costs; states' ability to sue tobacco companies for the medical expenditures caused by tobacco-induced diseases paid from the Medicaid and group health insurance accounts; the right of private health insurers to obtain such recovery; and applicants will also investigate the optimal design an constitutional validity of state legislation that would strengthen legal procedures for obtaining such reimbursement of health car costs from the tobacco industry. Statewide Consumer Protection Legal Policy Research Investigators will provide state authorities with the legal means to combat illegal advertising and sales by; examining consumer protection law that may provide authority for legal action by citizens acting as private attorneys general, a statewide class action and/or action by attorneys general to enjoin tobacco companies whose advertising unlawfully and unfairly targets minors, women and minorities, and require corrective public education campaigns controlled by independent third parties; and researching athe ability of states, parents and public interest groups to pursue legal action under consumer protection laws against retailers that sell cigarettes to children. The proposed research will enable implementation of policies which will greatly impact public health.
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| Correia, E; Davidson, P (1998) The State Attorney Generals' tobacco suits: equitable remedies. Cornell J Law Public Policy 7:843-69 |
| Kelder, G E; Daynard, R A (1996) Tobacco litigation as a public health and cancer control strategy. J Am Med Womens Assoc 51:57-62 |
