Preemption News

Fast-food industry is quietly defeating Happy Meal bans

Sharon Bernstein, Los Angeles Times

May 18, 2011

The restaurant industry is quietly — and successfully — fighting back against the enactment of so-called Happy Meal bans, which forbid restaurants like McDonald’s to hand out toys with children’s meals that are high in calories.

Moving under the radar so stealthily that in some cases local politicians and anti-obesity activists missed it entirely, lobbyists in Florida and Arizona backed successful efforts to take away the power to enact such bans from cities and counties. In Nebraska, a proposed statewide Happy Meal ban died in February, even before its first legislative committee hearing.

Read the article

Wednesday, May 18th, 2011 Preemption News 1 Comment

Fast-food lobbies U.S. states on “Happy Meal” laws

SAN FRANCISCO (Reuters) – Fast-food companies are asking U.S. state legislators to remove restaurant marketing from local governments’ regulatory menu, in the latest industry bid to stay a step ahead of anti-obesity laws.

The lobbying push, which has succeeded in Arizona and gained traction in Florida, aims to stop marketing restrictions before they start. The efforts come as food companies face increasing scrutiny from the U.S. government over how they pitch their products to youngsters as obesity rates rise.

Read the article

Monday, May 9th, 2011 Preemption News No Comments

Lobbyists flock to Capitol ahead of tobacco regulation vote

By JOHN ESTUS NewsOK.com

Big tobacco companies have hired a slew of influential Oklahoma lobbyists this year to help the industry defeat legislation that would let cities regulate smoking.
At least 13 lobbyists for tobacco companies are at the Capitol this year, up from nine at this time last year, according to the Oklahoma Ethics Commission.
In recent weeks, the lobbyists have ramped up efforts to secure votes against House Bill 2135, which would give cities the power to regulate smoking in public.

Read the article

Wednesday, March 9th, 2011 Preemption News No Comments

Preempting fire sprinklers in Florida’s vacation homes

Orlando Sentinel

A year ago, amid complaints from vacation-rental home owners in Southwest Florida, the state Legislature passed a law sparing the homes from being forced to install the fire-sprinkler systems required in conventional hotels.

This year, the Legislature is poised to go even further: Bills have been filed in both the Florida House of Representatives and the Florida Senate that are designed to preempt any future efforts to regulate vacation homes as if they were hotels or motels.

Read the article

Monday, March 7th, 2011 Preemption News No Comments

Pre-emptive bill on fast food and kids reeks of hollow politics

Dale Kunkel and Doug Taren
Arizona Daily Star

Last week, Arizona’s House gave preliminary approval to HB 2490, which would make it illegal for any local government to restrict toy giveaways to promote fast-food products, as McDonald’s does with Happy Meals.

It’s important to note that not the slightest hint has surfaced from any city or county statewide that such a regulation is being considered, much less seriously pursued. That fact unmasks this effort for exactly what it is, a hollow political gesture.

Read the article

Wednesday, March 2nd, 2011 Preemption News No Comments

Menu Labeling – Providing structure, encouraging innovation

By Nikki Kasper, SEA Obesity Research Intern

Menu labeling has been touted nationwide as a possible solution to the growing epidemic of obesity among adults and children in the United States. These regulations require restaurants to post nutritional and caloric information of menu items where easily accessed by customers. Six states have passed menu labeling laws in the last several years, and the 2010 spring health care reform included a provision for a national menu labeling law. However, menu labeling was initially pioneered and implemented at the local level.

Read the blog

Tuesday, February 22nd, 2011 Preemption News No Comments

Repealing smokefree preemption in Oklahoma

IMMEDIATE ACTION NEEDED: OML encourages you to contact your House Public Health Committee Members and ask them to vote “YES” on HB 2135 by Speaker Kris Steele.

HB 2135 will remove the local pre-emption currently a part of the Smoking In Public Places and Indoor Workplace Act and allow municipal governments to adopt their own regulations and ordinances in regards to smoking.

Read the action alert

Monday, February 14th, 2011 Preemption News No Comments

Connecticut Will Try to Take Back Local Pesticide Control

CONNECTICUT WILL ONCE AGAIN try to take the national lead on the control of lawn and garden pesticides. The state that passed the first law banning pesticides outside of schools and daycare centers in 2005 now has a bill in the legislature that would overturn a pesticide preemption law — that would allow local communities to enact pesticide restrictions that are more stringent than the state law.

Since 1991, when the Canadian town of Hudson, Quebec, became the first municipality in North America to ban lawn and garden pesticides, the chemical industry has been successful in lobbying for pesticide preemption laws in 41 states that made it illegal for cities and towns to pass laws more restrictive than the state law. Only Alaska, Hawaii, Maine, Maryland, Nevada, South Dakota, Utah, Vermont, Wyoming and the District of Columbia do not have a pesticide preemption law.

Read the blog post

Wednesday, January 26th, 2011 Preemption News No Comments

Grassroots movement building: What it is, why it matters

Grassroots movements have a unique power to change public health for the better.  This short presentation based on new research funded by the Robert Wood Johnson Foundation explains why grassroots movements are essential to success in public health, what the benefits are, and how to build and support them:  Grassroots Presentation.

Thursday, January 20th, 2011 Preemption News No Comments

Reasonable Break Time for Nursing Mothers

US Department of Labor

ACTION: Request for Information from the public.

SUMMARY: This notice is a request for information from the public regarding the recent amendment to the Fair Labor Standards Act (FLSA) that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk for one year after their child’s birth. The Department of Labor (‘‘the Department’’) administers and enforces the FLSA through its Wage and Hour Division. Contained in this notice are the Department’s preliminary interpretations of the new break time amendment to the FLSA. The Department seeks information and comments for its review on various issues addressed in this notice, as it considers how best to help employers and employees understand the requirements of the break time for nursing mothers law.

“Relationship to State Laws.  The Federal law does not preempt ‘a State law that provides greater protections to employees than the protections provided for under [the Federal law].’’’ 29 U.S.C. 207(r)(4)

Read the request for comments

Thursday, January 6th, 2011 Preemption News No Comments

« Previous Entries Next Entries »

Blog

  • Risk of Preemption in the Smoke-Free Housing Movement

    Over the last few years, the movement to promote smoke-free policies for multi-unit housing has been extremely successful.  Thousands of privately own apartment buildings have voluntarily implemented policies prohibiting or significantly restricting smoking in common areas, individual units, on patios and balconies and on the entire property.  Public housing authorities…

  • IOM Takes the Lead on Preemption

    The Institute of Medicine has addressed federal and state preemption in a new report on law and policy in public health. Among the most authoritative, and unbiased, voices in public health, the IOM has concluded that federal and state preemption should be avoided “unless there are compelling reasons to the…

  • Preempting a movement for childhood obesity prevention

    Taking a well-worn page from the playbook of the Tobacco Industry, the fast food industry is quietly, and so far successfully, eliminating local control over nutrition policy. In March, the Arizona legislature passed a preemption bill written by the Arizona Restaurant Association.  The new law, which goes into effect in July, takes away the authority…

  • Preemption threatens grassroots fire prevention movement

    About 3000 Americans die in home fires every year and thousands more are injured. Home fires are the greatest cause of fire deaths and injuries, and children under five and older adults face the highest risk. One of the great public health success stories of the past decade is the grassroots movement for…

  • Preemption should be the exception, not the rule

    There’s been bad news on the federal preemption front recently, but there’s some good news, too. Last month, the Administrative Conference of the United States published a Recommendation for the first time in fifteen years—about preemption in federal rulemaking. The Recommendation explains a Clinton-era Executive Order (that builds upon a…

News

  • Regulating Guns in New Orleans: An Op-Ed

    Louisiana is one of 42 states…that prohibits any political subdivision from passing an ordinance or regulation concerning the sale, purchase, or ownership of guns that’s more restrictive than state law.

  • Cleveland files in court to keep its ban on trans fats

    Jackson was joined…by council members Phyllis Cleveland and Joe Cimperman… Cleveland, council majority leader, noted that she had voted against the trans fat ban last year…
    “But I stand here in support of our mayor and our partners,” she said… We see our city power being attacked by Columbus… [O]ur right to govern ourselves is being eroded.”

  • Environmental Groups Call for Tougher Measures in Marcellus Shale Bills

    While the industry faces a significant challenge in meeting local land use controls, there are critical site or regional considerations that cannot be effectively addressed within a state statute. The state should not grant special preemption for any one industry in this regard.

  • Mayors’ group campaigns against concealed gun bill

    NEW YORK (AP) Monday, September 12, 2011; Seattle Post-Intelligencer Mayor Michael Bloomberg and other mayors in support of gun control are speaking out against a…

  • IOM Report: Revitalizing Law and Policy

    “[U]nless there are compelling reasons to the contrary, the federal government ought not preempt state and local authority in advancing the public’s health.”

Resources

› Fact sheet

› Glossary

› Links

› Preemption Checklist

› Building Movements

› Movement Benefits

› IOM Presentation