Tag Archives: Public Health

State Preemption: Arizona vs. Local Control

by Micah Berman — Monday, Sept. 5, 2016

This blog tends to focus on federal regulation or state regulation, but local regulation is also particularly important in some areas of law – particularly public health law, my area of focus. Recently, there have been coordinated efforts to limit local regulation through the use of state-level preemption.  Recent examples from my home state of […]

Zika and Pregnancy-Specific Vaccines’ Regulatory Lacunae

by Sam Halabi — Friday, May 6, 2016

In my next two posts, I will investigate the relationship between regulatory approval of vaccines and the response to the global public health emergency surrounding the spread of the Zika virus. That emergency has resurrected and brought into sharper relief some of the most vexing questions surrounding the regulatory state and pregnancy: the appropriate circumstances, […]

Premarket Review of Tobacco Products: The FDA’s Misplaced Priorities

by Micah Berman — Wednesday, Apr. 13, 2016

Along with colleagues at the Public Health Law Center, I published an article this week in the journal Tobacco Control that critically reviews the FDA’s implementation of its authority to regulate the sale of new tobacco products. In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), establishing federal authority to […]


by Nicholas Bagley — Monday, Apr. 4, 2016

A couple of weeks ago, my wife (also a law professor) and I wrapped up the final session of a seminar that we co-taught called Contagion. We wanted to offer an introduction to the outbreaks of infectious disease that have reshaped American life and law. The class was one of Michigan Law’s “at home mini-seminars,” […]

Zika’s Coming and We Aren’t Ready

by Nicholas Bagley — Wednesday, Mar. 30, 2016

If you’re worried about Zika’s arrival in the United States—and you should be—Laurie Garrett has a must-read article at Foreign Policy on the fecklessness of national political leaders and the appalling lack of preparation in the cities that will be hardest hit. [W]hat Congress fails to recognize is that most aspects of public health, especially […]

Update on FDA Tobacco Litigation

by Micah Berman — Thursday, Oct. 22, 2015

On Wednesday, I spoke on a panel at the Food & Drug Law Institute’s FDA Regulation of Tobacco Products Conference. I provided an update on two pending lawsuits involving industry challenges to FDA’s tobacco-related actions. (My slides, as well as those of the other presenters, can be downloaded from the conference link.) The first case, […]

“Substantial Equivalence”: Massive Backlog at the FDA Center for Tobacco Products

by Micah Berman — Wednesday, Sept. 16, 2015

The key compromise at the heart of the 2009 Tobacco Control Act was this: Tobacco products that were already on the market would be “grandfathered,” but any new tobacco products would have to undergo premarket review and demonstrate that allowing them to be sold would be “appropriate for the protection of public health”—a tough standard […]

Eleventh Circuit finds Tobacco Suits Preempted: Trouble for Future Public Health Regulations?

by Micah Berman — Sunday, Apr. 19, 2015

In a surprising ruling, a three-judge panel of the Eleventh Circuit ruled last week in Graham v. R.J. Reynolds Tobacco Company that strict liability claims and negligence claims in the long running Engle-progeny litigation are preempted by federal law. The decision, written by Judge Tjoflat, applied a broad reading of the implied preemption doctrine, concluding that […]

E-Cigarette Marketing and the First Amendment

by Micah Berman — Thursday, Mar. 12, 2015

Eric Lindblom, a Senior Scholar at Georgetown Law School’s O’Neill Institute for National & Global Health Law, has published an important new article entitled Effectively Regulating E-Cigarettes and Their Advertising – and the First Amendment in the Food & Drug Law Journal. (Full disclosure: Lindblom was my supervisor when I worked at the FDA Center […]

Bridging the Gap Between Science and Law

by Micah Berman — Wednesday, Oct. 22, 2014

I recently returned from the 2014 Public Health Law Conference, a fantastic event held every two years in Atlanta and hosted by the Network for Public Health Law, the American Society of Law, Medicine and Ethics, and the Robert Wood Johnson Foundation.  Presentations at the conference covered a wide range of issues from Ebola (the […]