When tackling an emerging public health issue, we identify potential legal stumbling blocks and analyze the applicable law, often in consultation with nationally renowned scholars and local legal practitioners. Confident that the models we develop are legally sound, we provide communities with a well-grounded assessment of legal risks, especially when they want to try a bold or new approach.

• When we began exploring the approach of banning fast food restaurants near schools to protect children’s health, we thoroughly researched potential constitutional hurdles and concluded that municipalities could avoid many legal challenges by regulating new fast food restaurants, rather than attempting to eliminate those that were already there.
• The recent passage of the federal Family Smoking Prevention and Tobacco Control Act, which provides the Food and Drug Administration with regulatory authority over tobacco products, opens the door for new local policies to regulate the advertising, promotion, and distribution of tobacco products. We are working with our state and national partners to research key legal issues, such as the First Amendment and preemption, and to assess the viability of various proposed strategies.

Return to the main page to learn more about how we can help with each stage in the policymaking process.