Current Research
I am very involved in trying to help advocacy
organizations and health ministries in the Asian Pacific region adopt
strong tobacco control laws. Almost all of these countries have ratified
the Framework Convention on Tobacco Control, which in theory requires them
to ban all tobacco advertising, protect nonsmokers from secondhand smoke,
put large warning labels on both sides of cigarette packs and more. But
the treaty is not self-executing, the tobacco industry's influence in many
countries is strong, and there's a lot of confusion about how to proceed.
Along with colleagues at the Public Health Advocacy Institute, I've been
working on model legislation for the Western Pacific Regional Office of
the World Health Organization and meeting with public health activists
and government officials in India, Nepal, the Philippines and Indonesia
(with China and Vietnam coming up).
Most Interesting Case
Perhaps one that never got brought. For several
years the Law and Obesity Project of the Public Health Advocacy Institute
was considering, pretty loudly, the possibility of suing the soda
companies to get their machines out of schools. The idea we developed was
that the machines are similar to attractive nuisances. Coke and Pepsi
have been proven to contribute to obesity in teenagers -- soda has serious
adverse health effects -- and since the kids are required to be in school five days a
week, they have to pass the machines going to and from classes. Under
Mass. Gen. L. Ch. 93A, it's illegal to commit unfair or deceptive
practices in commerce, and our argument was that the policy of
Massachusetts law was pretty clear that owners of things that lure kids
into danger are liable for the damage they cause. Well, we never got to
test the theory in court because we negotiated with the soda companies and
were close to an agreement when the soda companies decided to take a
better deal from the Clinton Foundation. The net result is a voluntary
agreement that they'll at least get the high calorie sodas out of school
machines within the next three years. It wasn't the perfect result, but
it's a lot better than the situation before we started talking about suing
them.
Recent Publications
This year I have, along with colleagues at the
Public Health Advocacy Institute, published a chapter on Tobacco
Use-related Diseases in the 2nd edition of Law and Public Health Practice,
Oxford University Press; a much downloaded article on "Punishing Tobacco
Industry Misconduct: The Case for Exceeding a Single Digit Ratio Between
Punitive and Compensatory Damages", 67 University of Pittsburgh Law Review, 1; and "Applying
Lessons from Tobacco Litigation to Obesity Lawsuits," 20 American Journal of Preventive Medicine,
82.
Best Book Read in the Past Year
I really like Edith Wharton's House of
Mirth and Philip Roth's I Married a Communist.
Favorite Thing to Do When Not at the School
Walking (anywhere) and
traveling. My wife, Carol, and I used to have to think about where we wanted to go:
now, we just see where my tobacco (and sometimes obesity) work takes us,
and plan interesting sidetrips from there.
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