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Article
Tobacco Control Legislation: Tools for Public Health Improvement
James G. Hodge Jr. and Gabriel G. Eber
32 J. L., Med., & Ethics 516 (2004)
 
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Abstract:

Legislation is a key element of comprehensive tobacco control programs. As the Framework Convention on Tobacco Control (FCTC) shifts from its final stages of development to implementation, enacting tobacco control legislation is a national priority for signatories. The FCTC seeks to coordinate tobacco control interventions on national, regional, and international levels. Countries can agree in principle to the FCTC, then develop specific protocols on how to achieve policy objectives.

In the midst of these efforts, this article examines substantive legislative interventions and means of translating tobacco control policy goals into effective, nation-specific laws. Four meta-approaches to legislating tobacco control and review common policy options are set forth. These approaches include (1) modifying the economic environment in which tobacco products are bought and sold; (2) altering the informational environment in which consumers make tobacco-related health decisions; (3) changing the social environment that encourages or facilitates tobacco use; and (4) ameliorating the negative health consequences of continued tobacco use. Various types of laws are reviewed, including taxation, smoking bans, labeling and disclosure requirements, and advertising restrictions. Recognizing the heterogeneity of national government systems, this article explores various features of government and their roles in determining the appropriateness and success of legislative interventions. Finally, a proposal for national action is discussed.
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