Papers by Richard Daynard
Journal of Dispute Resolution, 1985
The difficulties faced by consumers who are unable to obtain satisfaction from sellers are well k... more The difficulties faced by consumers who are unable to obtain satisfaction from sellers are well known.' Many consumers never see attorneys', and absent attorneys' fee statutes, 3 full-scale litigation is too expensive to be practicable. 4 Small claims courts are limited in both the amount 5 and the type 6 of
Oxford University Press eBooks, Jun 2, 2010
141st APHA Annual Meeting and Exposition (November 2 - November 6, 2013), Nov 4, 2013
ABSTRACT Many steps have been taken at the state and local levels to reduce cigarette addiction, ... more ABSTRACT Many steps have been taken at the state and local levels to reduce cigarette addiction, including large tax increases, smoke-free public places, counter-advertising, quitting assistance, banning sales to teenagers, and public education. Together with the delegitimization of the tobacco industry following incriminating revelations from their internal documents obtained in litigation, these steps have reduced US smoking prevalence by about 50%.None of these steps, however, have sought to end cigarette addiction entirely. The Smoke-free Generation proposal seeks to do just that. It would raise the minimum age of sale each year by one year, a legal power that all states and many localities presently possess. For example, if a jurisdiction began the process in 2018, no one who was born on or after January 1, 2000 could ever be sold cigarettes there, since each year the minimum age would be one year older. Thus, residents currently 13 or younger would never legally be sold cigarettes, never have peers who smoked legally, and never have to try to break the addiction. Older cohorts would be "grandfathered" in, but would increasingly lose normative status. American teenagers today have very low smoking rates and opinions of smoking, and may take kindly to the proposal. Even smoking parents do not want their children to smoke, ever. Only the tobacco industry would lose. Strengths of and responses to objections to the proposal will be discussed.
JAMA, Nov 6, 2002
IN A RECENT SURVEY OF THE AMERICAN PUBLIC, 78% OF RESPONDENTS reported that their body weights we... more IN A RECENT SURVEY OF THE AMERICAN PUBLIC, 78% OF RESPONDENTS reported that their body weights were not a serious health concern. 1 Approximately one third of these respondents were obese, two thirds were overweight, and 15% of their children were overweight. This indifference is not appropriate. Obesity may soon replace smoking as the leading cause of preventable death in the United States. Obesity may be responsible for approximately 300000 US deaths per year, and, unlike smoking, the prevalence of obesity is rapidly increasing. 2 Public health officials now refer to obesity as an epidemic. Unlike infectious diseases, obesity kills and disables by gradually increasing the risk for diseases like diabetes, heart disease, stroke, and cancer. Recent studies estimate that obesity is more strongly associated with chronic medical conditions, and reduced health-related quality of life, than smoking, heavy drinking, or poverty. 3 Articles in this issue of MSJAMA emphasize the importance of societal change to address obesity. Tarayn Grizzard examines the undertreatment of obesity by American physicians. Susan Blumenthal, Jennifer Hendi, and Lauren Marsillo argue that a public health approach is required to address the myriad environmental and sociocultural factors contributing to obesity. Lawsuits have recently emerged to uncover and redress alleged food industry misconduct that may be contributing to the obesity problem. Richard Daynard, Lauren Hash, and Anthony Robbins discuss the future of this food litigation. The prevalence of obesity among children is also rapidly increasing and has been associated with hyperlipidemia, hypertension, and impaired glucose tolerance. 2 Robert Carter reviews the rationale and the results of school-based obesity interventions. Ellen Fried and Marion Nestle argue that soda consumption makes an important contribution to childhood obesity. They describe marketing practices designed to increase soda consumption among schoolchildren and discuss recent political initiatives to restrict these practices. The burden imposed by overweight and obesity on the United States is very high. The estimated total cost of overweight and obesity in 2000 is estimated to have been $117 billion, nearly 10% of the US health care expenditure. 2 By contrast, the United Nations estimates that the yearly costs of HIV/AIDS prevention and care in Africa, Asia, and Latin America will be $9.7 billion by 2005. 4 Given the exorbitant costs of obesity, more effective interventions are urgently needed to decrease its prevalence. The fact that most Americans are overweight, yet are not concerned about the health importance of their own body weights, suggests that there remains much room for improvement.
Cornell Law Review, 1971
S This method does not extend, however, to cases where the court, though deciding a statutory cau... more S This method does not extend, however, to cases where the court, though deciding a statutory cause of action or defense, reaches its decision by working out the implications of a previous decision authoritatively interpreting the statute, rather than by going directly to the statute itself or the purposes behind it; such cases are classified under the "precedential" method. 6 K. I.EWELLYN, THE COMMON LAW TADrON: DEcmiNG APPeA.s 35-45 (1960). 7 217 N.Y. 382. 111 N-.. 1050 (1916). 8 Id. at 391, 111 N.E. at 1053. 9 K. LLxwELLYN, supra note 6, at 36. 10 347 U.S. at 494. 11 The provisions of the statutes and ordinances of this State requiring competitive bidding in the letting of public contracts evince a strong public policy of fostering honest competition in order to obtain the best work or supplies at the lowest possible price.
Journal of Public Health Policy, Dec 1, 2004
American Journal of Preventive Medicine, 2006
This discussion examines the use of litigation as a strategy to protect the public health. The hi... more This discussion examines the use of litigation as a strategy to protect the public health. The history of tobacco litigation provides a model to evaluate potential litigation strategies against other industries that pose a threat to public health, particularly the food industry. This paper demonstrates that although legislation would be a preferable solution, lessons from the tobacco wars suggest that effective national legislation is unlikely at the present time. Based on the differences and similarities between the tobacco and food industries, it predicts the effectiveness of particular kinds of obesity litigation and the food industry's likely response. The tobacco industry has vigorously fought individual injury lawsuits and has had remarkable success in resisting such cases. The food industry is likely to successfully employ a similar "scorched earth" litigation strategy in individual injury cases. However, the tobacco industry did agree to the Master Settlement Agreement in the lawsuits brought by the state attorneys general because they were a unique kind of litigation with a finite number of plaintiffs. Likewise, state lawsuits under consumer protection acts may be a distinct type of litigation that permits cases to focus on deceptive advertisements while avoiding complicated causation issues. Such lawsuits have the potential to be a useful tool to fight obesity and enlist the efforts of the food industry in resisting the epidemic. Understanding the lessons of tobacco can save public health advocates much time and many resources and thus allow tobacco litigation to benefit public health in new ways.
Journal of Public Health Policy, 2003
HE paper by Yach et al. in this issue celebrates WHO's T extraordinary accomplishment in fost... more HE paper by Yach et al. in this issue celebrates WHO's T extraordinary accomplishment in fostering the development and adoption by the World Health Assembly of the Framework Convention on Tobacco Control P c) (FCTC) and investigates the possibility of applying *'5M policies and mechanisms similar to those in the FCTC to the developing epidemic of obesity. The FCTC requires parties to adopt strong measures in a number of areas, including protecting non-smokers from secondhand smoke; requiring manufacturers to disclose the contents and emissions of tobacco products and to place large health warnings on the packages; restricting and, if constitutionally permissible, banning all tobacco advertising, promotion and sponsorship; impeding smuggling; and banning tobacco product sales to minors. In addition, the FCTC urges parties to consider tax increases to reduce demand; banning deceptive or misleading terms such as "low tar," "light," and "mild;" including pictures or pictograms on the mandated package warnings; enacting legislation or applying existing laws to "deal with criminal and civil liability, including compensation where appropriate;" and generally to exceed the minimum requirements of the treaty so as to best control the spread of tobacco-related addiction, disease, and death.
African Journal of Food, Agriculture, Nutrition and Development, Jun 7, 2011
Journal of Public Health Policy, Dec 1, 2005
Due to the condition of the original material, there are unavoidable flaws in this reproduction. ... more Due to the condition of the original material, there are unavoidable flaws in this reproduction. We have made every effort possible to provide you with the best copy available. If you are dissatisfied with this product and find it unusable, please contact Document Services as soon as possible. Thank you. Some pages in the original document contain pictures, graphics, or text that is illegible. 2 INFORMAL RESOLUTION AND FORMAL ADJUDICATION OF CONSUMER COMPLAINTS
Journal of Food Law & Policy, 2013
PubMed, Dec 16, 1998
Momentum toward Congressional action on tobacco issues began with the announcement in June 1997 o... more Momentum toward Congressional action on tobacco issues began with the announcement in June 1997 of a proposed "global tobacco settlement" between the tobacco industry, a group of state Attorneys General, and private class action lawyers. For the next year, tobacco issues received unprecedented national attention, culminating in the U.S. Senate's consideration and ultimate defeat of the McCain tobacco bill. Through the proposed settlement, the Attorneys General and others involved in talks with the industry sought to reduce tobacco use by attempting to forge a "win-win" solution for all parties. In exchange for money and public health concessions, the industry would be granted sweeping protection from litigation and thus a stable environment in which to operate. Members of the public health community responded to the "global tobacco settlement" in very different ways. The authors explore how different visions of possibilities and practicalities were played out in the fight for strong Federal tobacco control legislation and attempt to draw lessons for the future.
Journal of the National Cancer Institute, Mar 2, 1988
Annual Review of Public Health, May 1, 2000
▪ In recent years there has been an increasing use of litigation as a public health tool. Litig... more ▪ In recent years there has been an increasing use of litigation as a public health tool. Litigation has been brought to advance policies concerning such matters as tobacco, gun violence, and lead paint. This article discusses this development and the criticism that can be leveled at using litigation to develop public health policy. The article concludes that, although litigation may not always be successful, it can deter dangerous activities and play an important role in advancing the political and social struggle for public health.
American Journal of Public Health, Nov 1, 2015
We investigated how industry claim-makers countered concerns about obesity and other nutrition-re... more We investigated how industry claim-makers countered concerns about obesity and other nutrition-related diseases in newspaper coverage from 2000, the year before the US Surgeon General's Call to Action on obesity, through 2012. We found that the food and beverage industry evolved in its response. The defense arguments were made by trade associations, industry-funded nonprofit groups, and individual companies representing the packaged food industry, restaurants, and the nonalcoholic beverage industry. Individual companies used the news primarily to promote voluntary self-regulation, whereas trade associations and industry-supported nonprofit groups directly attacked potential government regulations. There was, however, a shift away from framing obesity as a personal issue toward an overall message that the food and beverage industry wants to be "part of the solution" to the public health crisis.
Journal of Public Health Policy, Feb 5, 2015
Fifty years after the original 1964 US Surgeon General's Report o... more Fifty years after the original 1964 US Surgeon General's Report on Smoking and Health three paths can lead the world to largely eliminating tobacco use altogether: (i) expand current practices for demand reduction, (ii) make use of current legislators to build programs into the future, and (iii) think out of the box with new ideas, such as reducing nicotine in cigarettes to non-addictive levels. It is possible to believe that tobacco use can be eliminated before the 100th anniversary.Journal of Public Health Policy advance online publication, 5 February 2015; doi:10.1057/jphp.2014.57.
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Papers by Richard Daynard