Litigation and alcohol policy: lessons from the US Tobacco Wars.
OBJECTIVE
This paper explores the role of litigation in preventing alcohol-related harms, identifying lessons from the use of litigation in tobacco control policy in the United States. It analyzes the key components of litigation in an international context, provides a case study of its potential use in addressing the marketing of alcopops to youth and offers recommendations for pursuing litigation strategies in future alcohol policy efforts.


METHODS
The paper's analyses are based on both original and secondary legal research. State and federal case law and secondary sources are reviewed in assessing lessons learned from tobacco litigation in the United States and the potential role of litigation in alcohol policy, both in the United States and internationally. Assessment of alcohol litigation cases and state and federal laws and regulations provides the foundation for the alcopops case study.


RESULTS
The tobacco litigation experience demonstrates that litigation is a powerful tool in addressing aggressive marketing by purveyors of addictive products such as alcohol.


CONCLUSIONS
To be effective at both national and international levels, litigation should encompass a broad array of legal tactics designed to identify and restrict unfair, deceptive and misleading alcohol marketing tactics and should be utilized in conjunction with complementary prevention strategies. Research conducted on the impact of alcohol marketing on youth alcohol consumption and problems is needed to support potential litigation claims. Developing litigation expertise within the alcohol policy field and building collaboration with litigation specialists in tobacco control should also be considered a high priority.
Mosher
James F
JF
The CDM Group, Inc., Felton, CA, USA. jim.mosher@cdmgroup.com
D000293:Adolescent; D000328:Adult; D000428:Alcohol Drinking / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D000434:Alcoholic Beverages / Q000009:adverse effects*; D003254:Consumer Advocacy / Q000331:legislation & jurisprudence; D019649:Food Industry / Q000331:legislation & jurisprudence*; D006291:Health Policy / Q000331:legislation & jurisprudence; D006801:Humans; D012907:Smoking / Q000331:legislation & jurisprudence*; D000074606:Smoking Prevention; D012940:Social Problems; D012941:Social Responsibility; D019460:Tobacco Industry / Q000331:legislation & jurisprudence*; D014481:United States; D055815:Young Adult