Assignment: Public Health Laws and Ethical Implications

Assignment: Public Health Laws and Ethical Implications

Assignment: Public Health Laws and Ethical Implications

Assessment Description

The purpose of this assignment is to discuss a public health law or policy passed in response to a health epidemic.

Public health laws and policies are often passed in response to human-caused or natural disasters, the spread of an infectious disease, or other health epidemics. Select a law or policy that was passed after a significant public health event or in response to an epidemic. In a 1,250- to 1,500-word paper, discuss the public health law or policy and describe its impact on a community, including its ethical implications. Examples could include laws/policies targeting smoking, obesity, healthy mothers and babies, vaccinations, etc. Include the following:

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1. Describe the law or policy and why it was passed.
2. Discuss at what level the law or policy has been passed (the federal, state, or local level) and how it is being implemented.
3. Discuss who the law or policy targets and how they are being impacted.
4. Evaluate the efficacy of the law or policy. Include evidence demonstrating success or failure.
5. Discuss the law or policy’s ethical implications. Do you think this law or policy is fair and ethical? Is it being applied fairly and ethically? Are decisions being made for the common good consistent with the Christian worldview? Defend your responses.
6. Explain if there have been any unforeseen or unintended consequences.

Support your information with a minimum of two peer-reviewed resources within the last five years.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

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Public Health Laws and Ethical Implications

Cigarette smoking poses a significant health concern globally and nationally by increasing people’s susceptibility to multiple chronic conditions. In the United States, cigarette smoking is still the leading cause of preventable diseases, including cancer, cardiovascular conditions, and respiratory complications. Besides exacerbating the prevalence of these preventable diseases, cigarette smoking remains the primary risk factor for disability and premature death in the country. According to the Centers for Disease Control and Prevention [CDC] (2020), cigarette-related effects account for over 480,000 annually, representing one-fifth of all annual deaths.

In the same breath, about 30 million adult Americans smoke cigarettes, while over 16 million Americans grapple with smoking-related complications. Based on these health consequences, cigarette smoking remains a priority policy issue that prompts state and federal regulations aimed at tackling the smoking habit, promoting cessation programs, and controlling access to tobacco products, especially among youths. Consequently, this paper analyzes the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) of 2009 by explaining its level of implementation, policy targets, efficacy, ethical implications, and unintended consequences.

The Description of The Family Smoking Prevention and Tobacco Control Act

Cigarette smoking has been an issue of concern for policymakers in the United States for many decades following the emergence of tobacco products as significant threats to public health and wellness. It is essential to note that the scientific community has consistently emphasized the need to regulate tobacco products, considering their association with multiple health consequences, including poor dental, respiratory, and cardiovascular health. In 2009, President Barack Obama Obama’s administration oversaw the enactment of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) to provide a comprehensive framework for regulating tobacco products and institutionalize tobacco control interventions. According to Sutfin et al. (2018), this policy delegated the regulatory power over tobacco products to the US Food and Drug Administration (FDA). This step was consistent with the scientific recommendations to regulate access to tobacco products and focus on their effects on health.

Besides regulating access to various tobacco products, including e-cigarettes, cigars, water pipe tobacco, nicotine gels, and dissolvable tobacco, as well as focusing on their health implications, another reason for enacting the Family Smoking Prevention and Tobacco Control Act was to prohibit the use of “deceptive” advertisement strategies used by cigarette manufacturers, including light, mild, and low-tar terms on tobacco product packages (Action on Smoking and Health, 2020). Further, the policy requires tobacco companies to disclose vital information regarding tobacco products, including their content and ingredients, changes, and current research about their potential health effects.

Another profound regulatory requirement imposed by this policy entails using larger, more visible, and informative warning labels that incorporate colors and graphics regarding the effects of tobacco products on users’ health (Action on Smoking and Health, 2020). These steps are consistent with the overarching objective of promoting smoking cessation and discouraging people from people from embarking on smoking debuts. Finally, this policy prohibits tobacco companies from using claims and information that lack scientific justifications to discourage current users from quitting or motivating new users to start. Other policy contributions include banning cigarettes with flavor characteristics, including fruits and candy flavors and menthol.

Policy Level and Mechanisms of Implementation

The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) of 2009 is a federal policy that regulates the manufacturing, distribution, and marketing of tobacco products, including e-cigarettes, cigars, waterpipe cigarettes, and nicotine gel. According to the US Food and Drug Administration [FDA] (2020), the Tobacco Control Act bans tobacco marketing and sales to youth and prohibits vending machine sales, tobacco-brand sports and entertainment events sponsorships, or free giveaways. Also, the policy requires manufacturers to ensure the “modified risk” claim has support from scientific evidence to prevent the spread of misleading information.

The mechanism of implementing the Tobacco Control Act entails delegating the regulatory powers over tobacco products to the US Food and Drug Administration (FDA). The Action on Smoking and Health (2020) contends that this policy required the FDA to regulate the manufacturing, marketing, and sales of tobacco products to alleviate the potential adverse effects of cigarette smoking. With the sole mandate delated to the FDA, this federal agency is responsible for the following:

• Restricting tobacco advertisement and promotion to safeguard public health
• Banning all cigarettes characterized by flavors and menthol
• Prohibiting health claims that lack scientific proof and justifications
• Requiring tobacco companies to reveal the content of tobacco products, changes, and research inputs
• Prohibiting deceptive advertisement terms like “light,” “mild,” and “low-tar” on tobacco product packages.

Targets and the Impacts of the Policy

The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) of 2009 targets tobacco companies, as well as youths, including minors. The US Food and Drug Administration [FDA] (2020) argues that this policy seeks to protect the public and create a healthier future by regulating the manufacturing, distribution, and marketing of tobacco products. More essentially, the policy focuses on curtailing access to tobacco products among youths and minors by address loopholes in tobacco advisement, promotion, and commercialization. Consequently, tobacco companies must desist from marketing and advertising tobacco to youths, providing more visible and informative warning labels, scientifically justify the “modified risk” claims, and disclose ingredients in tobacco products.

Policy Efficacy

The Family Smoking Prevention and Tobacco Control Act of 2009 was a landmark policy in regulating tobacco products to protect Americans, especially youths and minors. According to Blanke (2021), the Act gave the FDA all necessary regulatory powers, infrastructure, and authority to undertake provisions for regulating tobacco manufacturing, distribution, and marketing. Although this step was consistent with the overarching objective of institutionalizing control measures, its success and efficacy are points of contention because tobacco use among youths remains a significant concern in the United States. The Centers for Disease Control and Prevention [CDC] (2022) contends that about 5.6 million Americans younger than 18 will die early due to smoking-related illnesses. In 2022, about 1.5% of middle-school students and around 5% of high school students reported current use of tobacco products (CDC, 2022). In 2019, vaping-related lung injuries resulted in more than 68 deaths and over 2800 hospitalizations (Lester, 2021). Such alarming statistics denote policy failures to discourage youths from smoking and present opportunities for future policy improvements.

Ethical Implications of the Policy

The implementation of the Family Smoking Prevention and Tobacco Control Act of 2009 cuts across various ethical perspectives, including the need to safeguard the “public good.” Also, this policy aligns with the Christian worldview of caring for vulnerable people, especially youths and minors. Lindblom (2021) argues that the utilitarianism ethical perspective emphasizes achieving public health gains by avoiding decisions and practices that compromise people’s health and wellness. However, the policy to regulate tobacco product manufacturing, distribution, and marketing can create conflicts among the four bioethical principles of beneficence, non-maleficence, justice, and autonomy by limiting youths’ freedom to embark and on smoking debuts and restricting marketing activities for tobacco companies. Regardless of these conflicts, the utilitarian dimension of protecting the health and wellness of the larger section of the population should be the priority.

Unintended Consequences of the Policy

Amidst the need to prevent cigarette smoking among youths and minors, the implementation of the Family Smoking Prevention and Tobacco Control Act emerged as a landmark move toward achieving a comprehensive framework for incorporating policy regulations and streamlining federal interventions. However, various unprecedented challenges compromised the policy efficacy and objectives. Blanke (2021) cites the FDA’s dithering on menthol, political interference, and fear of ligation as the primary challenges that affect the scope of the policy. In the same breath, Lindblom (2021) underscores ethical dilemmas and conflicts, as well as a lack of political will, as unprecedented issues that affect the FDA’s ability to regulate tobacco product manufacturing, distribution, and marketing. As a result, the federal government should address these issues to safeguard the future of the Family Smoking Prevention and Tobacco Control Act, as well as bolster FDA’s capacity to implement various policy provisions for safeguarding public health and wellness.

Conclusion

The Family Smoking Prevention and Tobacco Control Act of 2009 institutionalized interventions for regulating tobacco products manufacturing, distribution, and marketing. This policy focuses on preventing and curtailing tobacco use among youths and minors by regulating advertisement activities, focusing on product ingredients, and prohibiting deceptive promotion and advertising strategies for luring youths to smoking. Although this policy is profound in tackling a high prevalence of tobacco products use, current statistics indicate inconsistent success and efficacy. As a result, the government should address unprecedented challenges facing the policy and FDA, including political interference, ethical conflicts, lack of political will, and limited organizational capacity to enact the policy.

References

Action on Smoking and Health. (2020). Tobacco control in the United States: Failure to protect the right to health. Tobacco Prevention & Cessation, 6(June). https://doi.org/10.18332/tpc/122543

Blanke, D. D. (2021). Symposium introduction: A decade of the Tobacco Control Act: Progress, setbacks, and the future of tobacco control. Journal of Legal Medicine, 40(3-4), 285–291. https://doi.org/10.1080/01947648.2020.1867474

Centers for Disease Control and Prevention. (2020). Current cigarette smoking among adults in the United States. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/adult_data/cig_smoking/index.htm

Centers for Disease Control and Prevention. (2022, February 5). Youth and Tobacco Use. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm

Lester, J. M. (2020). The next 10 years of federal tobacco regulation: A road map to protect public health and advance health equity. Journal of Legal Medicine, 40(3-4), 355–368. https://doi.org/10.1080/01947648.2020.1868941

Lindblom, E. N. (2021). What Tobacco Control Rules Would an Ethically Responsible FDA Implement (If the White House Let It)? − Would a Nicotine-Reduction Rule Pass Muster? (pp. 1–45). https://oneill.law.georgetown.edu/wp-content/uploads/2021/10/Lindblom-Working-Paper-Ethical-FDA-Tobacco-Rules-9-24-21.pdf

Sutfin, E. L., Soule, E. K., McKelvey, K., & Jenson, D. (2018). Implications and challenges for implementation of the FDA’s final deeming rule for waterpipe tobacco. Tobacco Control, 27(3), 347–351. https://doi.org/10.1136/tobaccocontrol-2017-053634

US Food and Drug Administration. (2020, June 3). Overview of the Family Smoking Prevention and Tobacco Control Act. https://www.fda.gov/tobacco-products/rules-regulations-and-guidance/family-smoking-prevention-and-tobacco-control-act-overview