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Discussion: Health law and policy

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October 7th, 2022
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Discussion: Health law and policy

Discussion: Health law and policy

Review Nutritional Health Alliance v. Food and Drug Administration, and answer the following: https://openjurist.org/318/f3d/92/nutritional-health-alliance-v-food-and-drug-administration

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Discussion: Health law and policy
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  1. Who are the parties in the case and what are their respective interests?
  2. Why was the lawsuit filed?
  3. What is the role of the FDA and what were the policy considerations for the regulation that served as the central focus of the NHA case?
  4. What was/is the proper resolution of the ultimate issue/question? Discussion; Health law and policy

Public Health Law

What do speed limits, smoking bans, and school vaccination laws all have in common? They each represent laws that have contributed to major public health achievements over the last century. Speed limits on roads and highways have increased motor vehicle safety. Smoking bans in workplaces and other public spaces have protected people from the dangerous effects of second-hand smoke. And laws requiring vaccinations for public school students have dramatically reduced the spread of many infectious diseases.

These are just a few examples of public health law. Public health law refers to any statute, rule, or ordinance that has the purpose of promoting or protecting the public health. Public health laws and policies aim to fulfill society’s interest in assuring conditions for people to be healthy. Discussion; Health law and policy

The Prevention Orientation

Discussion; Health law and policy

There are several characteristics that distinguish public health law from other areas of health law, such as medical law and healthcare law. Many areas of health law tend to focus on issues related to disease treatment. For example, medical malpractice laws allow patients to pursue civil claims against physicians who cause injury or death when providing treatment. Discussion; Health law and policy

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Public health law, however, has a distinct emphasis on disease and injury prevention. Let’s use smoking bans as an example to illustrate this concept. We’ve already discussed how smoking bans aim to prevent exposure to second-hand smoke. But why? These laws are based on decades of research showing that second-hand smoke is associated with an increased risk of heart disease, cancer, emphysema, and other diseases. The primary goal of smoking bans and other public health laws is to prevent avoidable cases of disease and injury. Discussion; Health law and policy

 

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