TY - JOUR
T1 - State Preemption
T2 - An Emerging Threat to Local Sugar-Sweetened Beverage Taxation
AU - Crosbie, Eric
AU - Pomeranz, Jennifer L.
AU - Wright, Kathrine E.
AU - Hoeper, Samantha
AU - Schmidt, Laura
N1 - Publisher Copyright:
© 2021 American Public Health Association Inc.. All rights reserved.
PY - 2021/4
Y1 - 2021/4
N2 - We sought to examine the strategies promoting and countering state preemption of local sugar-sweetened beverage (SSB) taxes in the United States. Using Crosbie and Schmidt's tobacco preemption framework, we analyzed key tactics used by the SSB industry to achieve state preemption of local taxes identified in news sources, industry Web sites, government reports, and public documents. Starting in 2017, 4 states rejected and 4 passed laws preempting local SSB taxes. The beverage industry attempted to secure state preemption through front groups and trade associations, lobbying key policymakers, inserting preemptive language into other legislation, and issuing legal threats and challenges. The public health community's response is in the early stages of engaging in media advocacy, educating policymakers, mobilizing national collaboration, and expanding legal networks. State preemption of local SSB taxes is in the early stages but will likely scale up as local tax proposals increase. The public health community has a substantial role in proactively working to prevent preemption concurrent with health policy activity and using additional strategies successfully used in tobacco control to stop preemption diffusion.
AB - We sought to examine the strategies promoting and countering state preemption of local sugar-sweetened beverage (SSB) taxes in the United States. Using Crosbie and Schmidt's tobacco preemption framework, we analyzed key tactics used by the SSB industry to achieve state preemption of local taxes identified in news sources, industry Web sites, government reports, and public documents. Starting in 2017, 4 states rejected and 4 passed laws preempting local SSB taxes. The beverage industry attempted to secure state preemption through front groups and trade associations, lobbying key policymakers, inserting preemptive language into other legislation, and issuing legal threats and challenges. The public health community's response is in the early stages of engaging in media advocacy, educating policymakers, mobilizing national collaboration, and expanding legal networks. State preemption of local SSB taxes is in the early stages but will likely scale up as local tax proposals increase. The public health community has a substantial role in proactively working to prevent preemption concurrent with health policy activity and using additional strategies successfully used in tobacco control to stop preemption diffusion.
UR - http://www.scopus.com/inward/record.url?scp=85102907317&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85102907317&partnerID=8YFLogxK
U2 - 10.2105/AJPH.2020.306062
DO - 10.2105/AJPH.2020.306062
M3 - Article
C2 - 33600243
AN - SCOPUS:85102907317
SN - 0090-0036
VL - 111
SP - 677
EP - 686
JO - American journal of public health
JF - American journal of public health
IS - 4
ER -