The Legality, Rationale and Science of Tobacco Display Bans After the Philip Morris Judgment

2011 ◽  
Vol 2 (4) ◽  
pp. 591-599 ◽  
Author(s):  
Alberto Alemanno
Keyword(s):  
Public Health ◽  
Tobacco Use ◽  
National Court ◽  
Visual Display ◽  
Tobacco Products ◽  
The Public ◽  
Equivalent Effect ◽  
Philip Morris ◽  
The One ◽  
Health Objective

A visual display ban on tobacco products, imposed by national legislation of an EEA State, such as the one at issue in the case at hand, constitutes a measure having equivalent effect to a quantitative restriction on imports within the meaning of Article 11 EEA if, in fact, the ban affects the marketing of products imported from other EEA States to a greater degree than that of imported products which were, until recently, produced in Norway. It is for the national court to identify the aims which the legislation at issue is actually intended to pursue and to decide whether the public health objective of reducing tobacco use by the public in general can be achieved by measures less restrictive than a visual display ban on tobacco products (author's headnote).

scholarly journals Agro-Environmental Determinants of Leptospirosis: A Retrospective Spatiotemporal Analysis (2004−2014) in Mahasarakham Province (Thailand)

2021 ◽  
Vol 6 (3) ◽  
pp. 115
Author(s):  
Jaruwan Viroj ◽  
Julien Claude ◽  
Claire Lajaunie ◽  
Julien Cappelle ◽  
Anamika Kritiyakan ◽  
...  
Keyword(s):  
Public Health ◽  
Animal Health ◽  
Spatiotemporal Analysis ◽  
Health Concern ◽  
Intersectoral Collaboration ◽  
The Public ◽  
Additive Modeling ◽  
The One ◽  
And Control ◽  
Northeastern Thailand

Leptospirosis has been recognized as a major public health concern in Thailand following dramatic outbreaks. We analyzed human leptospirosis incidence between 2004 and 2014 in Mahasarakham province, Northeastern Thailand, in order to identify the agronomical and environmental factors likely to explain incidence at the level of 133 sub-districts and 1,982 villages of the province. We performed general additive modeling (GAM) in order to take the spatial-temporal epidemiological dynamics into account. The results of GAM analyses showed that the average slope, population size, pig density, cow density and flood cover were significantly associated with leptospirosis occurrence in a district. Our results stress the importance of livestock favoring leptospirosis transmission to humans and suggest that prevention and control of leptospirosis need strong intersectoral collaboration between the public health, the livestock department and local communities. More specifically, such collaboration should integrate leptospirosis surveillance in both public and animal health for a better control of diseases in livestock while promoting public health prevention as encouraged by the One Health approach.

NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Alan Dashwood
Keyword(s):  
Case Law ◽  
Sales Promotion ◽  
Trade Restrictions ◽  
Member States ◽  
The Public ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
The One ◽  
Domestic Products ◽  
By Products

IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.

Letters to the Editor

PEDIATRICS ◽  
1967 ◽  
Vol 40 (4) ◽  
pp. 691-693
Author(s):  
STARKEY D. DAVIS ◽  
RALPH J. WEDGWOOD
Keyword(s):  
Public Health ◽  
Placebo Group ◽  
Health Service ◽  
Excess Mortality ◽  
Public Health Service ◽  
Letters To The Editor ◽  
The Public ◽  
Mental Hospitals ◽  
The One ◽  
Isoniazid Prophylaxis

Dr. Yerushalmy points out the excess mortality in the isoniazid pupulation in two trials: contacts of new cases and patients in mental hospitals. He failed to mention that the Public Health Service has conducted five other isoniazid prophylaxis trials (Table I). In the six trials listed, excluding the one in institutions, the isoniazid groups had more deaths in three trials, the placebo group had more deaths in two trials, and in one trial the number of deaths in each group was equal.

scholarly journals Overview on Cigarettes and Other Tobacco Products Act and its implementation: current update

2020 ◽  
Vol 8 (1) ◽  
pp. 463
Author(s):  
Dhwanit Thakore ◽  
Mahesh Chavda ◽  
Girish Parmar ◽  
Tejal Sheth
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Tobacco Use ◽  
Control Measures ◽  
Public Health Issue ◽  
Tobacco Products ◽  
Health Goal ◽  
The Status ◽  
Public Health Goal ◽  
Almost All

Tobacco use- a major public health issue in India has an enormous effect on the lower SES population. . There is an evident link between tobacco use or consumption and poverty. The widespread use of almost all forms of tobacco among the Indian population can be attributed to the social and cultural acceptance in the country. Cigarette and Other Tobacco Products Act, 2003 (COTPA) is the legislation that regulates tobacco in India. The prime objective of this review is to compile the literature with information about the laws regulating tobacco use and the status of implementation of tobacco control provisions covered under COTPA. Since effective tobacco control measures involve multi-stakeholders i.e public health, law, trade and commerce, industry, consumer, human rights and child development, coordinated efforts are required to successful enforcement. The outcome of the current literature is bridging the gaps to make the tobacco control a very important public health goal and thereby protect the population from the consequent morbidity and mortality due to tobacco use.

scholarly journals Behavioral economic substitutability of e-cigarettes, tobacco cigarettes, and nicotine gum

2017 ◽  
Vol 31 (7) ◽  
pp. 851-860 ◽  
Author(s):  
Matthew W Johnson ◽  
Patrick S Johnson ◽  
Olga Rass ◽  
Lauren R Pacek
Keyword(s):  
Public Health ◽  
Smoking Cessation ◽  
Tobacco Use ◽  
Market Value ◽  
Health Impact ◽  
Health Impacts ◽  
Nicotine Gum ◽  
Behavioral Economic ◽  
The Public ◽  
Fixed Price

The public health impact of e-cigarettes may depend on their substitutability for tobacco cigarettes. Dual users of e-cigarettes and tobacco cigarettes completed purchasing tasks in which they specified daily use levels under hypothetical conditions that varied the availability and price of e-cigarettes, tobacco cigarettes, and nicotine gum (for those with nicotine gum experience). When either e-cigarettes or tobacco cigarettes were the only available commodity, as price per puff increased, purchasing decreased, revealing similar reinforcement profiles. When available concurrently, as the price of tobacco puffs increased, purchasing of tobacco puffs decreased while purchasing of fixed-price e-cigarette puffs increased. Among those with nicotine gum experience, when the price of tobacco puffs was closest to the actual market value of tobacco puffs, e-cigarette availability decreased median tobacco puff purchases by 44% compared to when tobacco was available alone. In contrast, nicotine gum availability caused no decrease in tobacco puff purchases. E-cigarettes may serve as a behavioral economic substitute for tobacco cigarettes, and may be a superior substitute compared to nicotine gum in their ability to decrease tobacco use. Although important questions remain regarding the health impacts of e-cigarettes, these data are consistent with the possibility that e-cigarettes may serve as smoking cessation/reduction aids.

scholarly journals Electronic cigarettes: the solution or yet another phase of the tobacco epidemic?

2018 ◽  
Vol 49 (2) ◽  
pp. 199-205
Author(s):  
Catherine O Egbe ◽  
Charles DH Parry ◽  
Bronwyn Myers
Keyword(s):  
Public Health ◽  
Tobacco Use ◽  
Electronic Cigarettes ◽  
Tobacco Product ◽  
World Health ◽  
Global Public Health ◽  
Negative Consequences ◽  
Tobacco Products ◽  
Tobacco Epidemic ◽  
The Individual

Tobacco use is the single largest preventable cause of death globally. For years, the tobacco industry sought to create a tobacco product that is less controversial than conventional cigarettes. Electronic cigarettes were created out of the supposed need to supply consumers of tobacco products with a less harmful tobacco product. The question remains, is it really less harmful for consumers of traditional cigarettes and other tobacco products to switch to electronic cigarettes? This article takes a closer look at the overall harm in relation to benefits of using electronic cigarettes for the individual and public health and the unintended negative consequences the introduction of electronic cigarette has had on overall public health. Given the evidence that the use of electronic cigarettes is a gateway to the use of other tobacco products especially among adolescents, we view electronic cigarettes as having the potential to cause a rebound of the tobacco use glut which the global public health community has been succeeding in reversing. We therefore support the World Health Organization’s suggestion that electronic cigarettes should be regulated as other tobacco products since there is, as yet, no harmless tobacco product. In the same vein, we view the new Tobacco Products and Electronic Delivery Systems Bill seeking to regulate electronic cigarettes in South Africa as other tobacco products as a step in the right direction.

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