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Federal Preemption Of State And Local Sugar-Sweetened Beverages Is Not Warranted

August 29, 2017

PR Newswire,

Dariush Mozaffarian,

August 29, 2017-

Federal, state, and local governments each have a role to play in protecting health. Federal and state government, however, can alter or hinder state and local activity through a legal mechanism called preemption – when a higher level of government blocks the action of a lower level of government. An increase in state preemption of local food policies led a research team to assess whether preemption of taxes on sugar-sweetened beverages (SSBs) by the federal government would be likely based on Congress’s historical rationales for preempting taxes.

SSBs are associated with obesity, diabetes, stroke and heart disease. As of June 2017, eight U.S. cities have enacted SSB taxes aimed at reducing consumption, and several other states and municipalities are considering them. Excise taxes can reduce consumption, improve health, and raise revenue for budget-constrained governments. The research team, from New York University’s College of Global Public Health (NYU CGPH) and the Friedman School of Nutrition Science and Policy at Tufts, reviewed legislative histories of federal bills and laws that had a central and express purpose of preempting state taxes.