State Preemption: An Emerging Threat to Local Sugar-Sweetened Beverage Taxation. 2021

Eric Crosbie, and Jennifer L Pomeranz, and Kathrine E Wright, and Samantha Hoeper, and Laura Schmidt
Eric Crosbie, Kathrine E. Wright, and Samantha Hoeper are with the School of Community Health Sciences, University of Nevada, Reno. Eric Crosbie is also with the Ozmen Institute for Global Studies, University of Nevada, Reno. Jennifer L. Pomeranz is with the School of Global Public Health, New York University, New York. Laura Schmidt is with the Philip R. Lee Institute for Health Policy Studies, and the Department of Humanities and Social Sciences, University of California San Francisco.

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.

UI MeSH Term Description Entries
D008119 Lobbying A process whereby representatives of a particular interest group attempt to influence governmental decision makers to accept the policy desires of the lobbying organization. Lobbyings
D011050 Policy Making The decision process by which individuals, groups or institutions establish policies pertaining to plans, programs or procedures. Analysis, Policy,Policy Analysis,Policy Development,Analyses, Policy,Development, Policy,Developments, Policy,Making, Policy,Policy Analyses,Policy Developments
D011634 Public Health Branch of medicine concerned with the prevention and control of disease and disability, and the promotion of physical and mental health of the population on the international, national, state, or municipal level. Community Health,Environment, Preventive Medicine & Public Health,Environment, Preventive Medicine and Public Health,Health, Community,Health, Public
D003132 Commerce The interchange of goods or commodities, especially on a large scale, between different countries or between populations within the same country. It includes trade (the buying, selling, or exchanging of commodities, whether wholesale or retail) and business (the purchase and sale of goods to make a profit). (From Random House Unabridged Dictionary, 2d ed, p411, p2005 & p283) Business,Commercial Sector,Prices,Sales,Vendors,Businesses,Commerces,Commercial Sectors,Price,Sale,Sector, Commercial,Sectors, Commercial,Vendor
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D000080845 Sugar-Sweetened Beverages Liquids or drinks sweetened with added sugars of various forms. Sugar Sweetened Beverage,Sugar-Added Beverage,Sugar-Added Beverages,Sugar-Sweetened Soda,Sugar-Sweetened Sodas,Sugar-Sweetened Soft Drink,Sugar-Sweetened Soft Drinks,Sweetened Beverage,Sweetened Beverages,Sweetened Drink,Sweetened Drinks,Beverage, Sugar Sweetened,Beverage, Sugar-Added,Beverage, Sugar-Sweetened,Beverage, Sweetened,Beverages, Sugar Sweetened,Beverages, Sugar-Added,Beverages, Sugar-Sweetened,Beverages, Sweetened,Drink, Sugar-Sweetened Soft,Drink, Sweetened,Drinks, Sugar-Sweetened Soft,Drinks, Sweetened,Soda, Sugar-Sweetened,Sodas, Sugar-Sweetened,Soft Drink, Sugar-Sweetened,Soft Drinks, Sugar-Sweetened,Sugar Added Beverage,Sugar Added Beverages,Sugar Sweetened Beverages,Sugar Sweetened Soda,Sugar Sweetened Sodas,Sugar Sweetened Soft Drink,Sugar Sweetened Soft Drinks,Sugar-Sweetened Beverage,Sweetened Beverage, Sugar,Sweetened Beverages, Sugar
D013660 Taxes Governmental levies on property, inheritance, gifts, etc. Institutional Tax,Institutional Taxes,Tax,Taxation,Tax, Institutional,Taxes, Institutional
D014481 United States A country in NORTH AMERICA between CANADA and MEXICO.

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