PREEMPTION OR PREVENTION - LESSONS FROM EFFORTS TO CONTROL FIREARMS, ALCOHOL, AND TOBACCO

The judicial doctrine of preemption allows federal or state government s to restrict the ability of state or local governments, respectively, to regulate in a given area. Industries whose products create substan tial public health risks have begun to promote preemptive legislation which prevents the lower levels of government from adopting strong pub lic health protections. This article discusses the implications of pre emptive legislation concerning three of the most harmful products avai lable in America: tobacco, firearms and alcohol. These examples illust rate the potential danger that preemptive legislation poses to efforts to prevent illness, injury and death caused by these products.