Mark A Gottlieb

Mark A Gottlieb
Northeastern University | NEU · Public Health Advocacy Institute

JD

About

66
Publications
8,229
Reads
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1,410
Citations
Citations since 2017
8 Research Items
874 Citations
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Introduction
My research focuses on legal and policy approaches to reducing incidence of chronic disease or injury caused by consumer products such as tobacco and junk foods.
Education
September 1990 - May 1993
Northeastern University
Field of study
  • School of Law
September 1982 - May 1987
New College of Florida
Field of study
  • Philosophy/Psychology

Publications

Publications (66)
Article
Full-text available
Five years after the passage of the Family Smoking Prevention and Tobacco Control Act, little progress has been made in the effort to regulate the US tobacco industry and advance the public health goals of tobacco control. Legal challenges by the tobacco industry, and evidence of political interference from the White House have resulted in the US F...
Article
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On November 19, 2013, New York City Mayor Michael Bloomberg signed into law the "Tobacco 21" bill, imposing the strictest age restriction on tobacco sales of any major U.S. city.(1) Beginning in May 2014, it will be illegal to sell tobacco products and electronic cigarettes to persons younger than 21 years of age. The law stops short of making poss...
Article
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In an article that forms part of the PLoS Medicine series on Big Food, Andrew Cheyne and colleagues compare soda companies' corporate social responsibility (CSR) campaigns - which are designed to bolster the image and popularity of their products and to prevent regulation - with the tobacco industry's CSR campaigning.
Article
Background: Despite recent tobacco control efforts, adolescent vaping remains an epidemic in the United States. The purpose of our study was to understand high school student vaping behaviors using the perceptions of Massachusetts school personnel during the critical window from when the Massachusetts statewide flavor ban legislation was passed in...
Article
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The growing casino industry in the U.S. is built on a model of profitability that bears very close resemblance to two other industries: the tobacco industry and the opioid pain medication industry. While it is rather obvious that all three industries have demonstrated the ability to be consistently profitable, the models used to achieve that profit...
Article
Background: Fast-food intake is a modifiable obesity risk factor in early childhood, and child-directed fast-food marketing is common. Per self-regulatory guidelines regarding deception, premiums (ie, incentives or toy giveaways) in child-directed advertisements must be secondary to the advertised product. Methods: Content analyses were performe...
Article
Chain drug stores have increased their health care role through expanded pharmacy services and retail health clinics. They also are major food retailers. This creates a tension between health promotion and sales of unhealthy foods and beverages to pharmacy customers. This article explores opportunities to improve the nutritional quality of foods so...
Article
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During the first decade of federal regulation of electronic nicotine delivery systems (ENDS), the e-cigarette industry has rapidly grown. Recently, the U.S. Surgeon General and Commissioner of the Food and Drug Administration each declared the rapid rise in rates of youth using these products to be an “epidemic.” While a foundational basis for regu...
Article
The U.S. Department of Housing and Urban Development (HUD) recently issued rules requiring that federally funded authorities administering public housing must have smoke-free policies. Importantly, this requirement does not extend to Section 8 housing. Under the Section 8 program, public housing vouchers provide subsidies for private rental housing...
Article
Despite the benefits of smoke-free legislation on adult health, little is known about its impact on children's health. We examined the effects of tobacco control policies on the rate of emergency department (ED) visits for childhood asthma (N = 128,807), ear infections (N = 288,697), and respiratory infections (N = 410,686) using outpatient ED visi...
Conference Paper
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Background: Section 8 public housing vouchers are administered by the Department of Housing and Urban Development (HUD) to provide subsidies for low-income residents. HUD encourages local public housing agencies to implement smokefree policies, but has proposed elimination of smoking in public housing which excludes Section 8 housing. This study ex...
Article
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Introduction. - Indoor tanning is associated with increased risk of melanoma and is particularly prevalent among female college students in the U.S. Objectives. - The present study aimed to explore why female students decide to engage, and keep engaging in indoor tanning. Methods. - We included eighteen female undergraduates who participated in gro...
Article
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Several states have passed legislation banning minors from indoor tanning; however, concern has been raised regarding enforcement. We explored the statutes pertaining to enforcement in the first 6 US states to pass legislation banning minors younger than 18 years from indoor tanning. The findings reflect significant variability in enforcement provi...
Conference Paper
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Objectives: We assessed trends in use of electronic cigarettes among U.S. adults, demographic predictors of use, and smoking status of current electronic cigarette users. Methods: Mixed-mode surveys were used to obtain representative, cross-sectional samples of U.S. adults in each of five years. Results: Sample sizes for 2010, 2011, 2012, 2013, and...
Conference Paper
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Background: E-cigarette use among adolescents and liquid nicotine poisonings of children are increasing, yet e-cigarette manufacturing, safety, advertising, sales, and use remain largely unregulated. This study examines support for e-cigarette regulations.
Article
Objectives The vast majority of tobacco users began before the age of 21. Raising the tobacco sales age to 21 has the potential to reduce tobacco use initiation and progression to regular smoking. Our objective was to assess the level of public support nationally for ‘Tobacco 21’ initiatives in the USA. Methods The Social Climate Survey of Tobacco...
Article
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Zoning and other land-use policies are a promising but controversial strategy to improve community food environments. To understand how these policies are debated, we searched existing databases and the Internet and analyzed news coverage and legal documentation of efforts to restrict fast-food restaurants in 77 US communities in 2001 to 2013. Poli...
Article
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Objectives: To date, tanning prevention programs have led to limited success. The aim of the present study was to investigate potential unexpected prevention effects of completing an online survey focused on tanning attitudes, behaviors, and knowledge among female college tanners. Methods: A sample of 92 female undergraduate students from the US...
Article
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We examined the tobacco industry's rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase "personal responsibility" explicitly, but rather "freedom of choice." When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When...
Article
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On 27 May 2014, the US Food and Drug Administration (FDA) issued an order requiring that sunlamp products used in tanning salons carry a visible boxed warning that states: “Attention: This sunlamp product should not be used on persons under the age of 18 years”.1 This order, and other requirements for these products, are unprecedented, representing...
Article
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Currently, there is an intensive debate about the regulation of the use of electronic cigarettes (e-cigarettes) in indoor places. The aim of this study was to assess the attitudes toward e-cigarette use in indoor workplaces and selected public and private venues among the general population in Barcelona (Spain) in 2013-2014. This is a cross-section...
Conference Paper
INTRODUCTION Over the last decade, communities around the country have proposed zoning policies to restrict fast food restaurants, from a moratorium on new fast food outlets in South Los Angeles to a drive-through ban in Granville, New York. Their reasons for doing so ranged from improving community health to protecting community appearance or th...
Article
Full-text available
Objectives: We assessed trends in use of electronic cigarettes among U.S. adults, demographic predictors of use, and smoking status of current electronic cigarette users. Methods: Mixed-mode surveys were used to obtain representative, cross-sectional samples of U.S. adults in each of 4 years. Results: Sample sizes for 2010, 2011, 2012, and 201...
Conference Paper
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Importance Municipalities in three states have recently passed local laws making it illegal to sell tobacco products and electronic cigarettes to persons younger than 21 years of age. Raising the tobacco sales age to 21 has the potential to reduce initiation and progression to regular tobacco use. Objectives To assess the level of public support na...
Article
Full-text available
The majority of tobacco use emerges in individuals before they reach 21 years of age, and many adult distributors of tobacco to youths are young adults aged between 18 and 20 years. Raising the tobacco sales minimum age to 21 years across the United States would decrease tobacco retailer and industry sales by approximately 2% but could contribute t...
Article
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Objective This study seeks to analyse the prevalence and correlates of electronic cigarette (e-cigarette) use, purchase location and satisfaction with its use in a sample of the general population of the city of Barcelona, Spain. Design, setting and participants We used participants from a longitudinal study of a representative sample of the adult...
Article
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Kraak et al. offer a model of corporate accountability that, if adopted by agencies such as the Federal Trade Commission and others, would be of great service to public health. Their framework takes our conceptualizations of responsibility to the next level. The object of historical investigation is to apply an understanding of the past to look fo...
Article
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The tobacco industry consistently frames smoking as a personal issue rather than the responsibility of cigarette companies. To identify when personal responsibility framing became a major element of the tobacco industry's discourse, we analyzed news coverage from 1966 to 1991. Industry representatives began to regularly use these arguments in 1977....
Article
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The Family Smoking Prevention and Tobacco Control Act exempted menthol from a flavoring additive ban, tasking the Tobacco Products Safety Advisory Committee to advise on the scientific evidence on menthol. To inform future tobacco control efforts, we examined the public debate from 2008 to 2011 over the exemption. Health advocates regularly warned...
Article
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Importance Since 2009, quick-service restaurant chains, or fast-food companies, have agreed to depict healthy foods in their advertising targeted at children.Objective To determine how children interpreted depictions of milk and apples in television advertisements for children’s meals by McDonald’s and Burger King (BK) restaurants.Design, Setting...
Article
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Tobacco control's unparalleled success comes partly from advocates broadening the focus of responsibility beyond the smoker to include industry and government. To learn how this might apply to other issues, we examined how early tobacco control events were framed in news, legislative testimony, and internal tobacco industry documents. Early debate...
Conference Paper
Background: Snus and electronic cigarettes have recently been introduced to the US market. These products and hookah waterpipes have been heavily promoted; however, to date, FDA only has regulated snus. We assess three year trends in use of these products among US adults, and current predictors of electronic cigarette use. Methods: In 2010-2012,...
Conference Paper
Although U.S. smoking prevalence is about half of what it was when the first Surgeon General's Report of Smoking and Health was issued a half century ago, new and bold policies are urgently needed to initiate a true endgame for cigarettes, which are still causing nearly a half million preventable deaths each year. Polling to date has demonstrated...
Conference Paper
Full-text available
We are in the midst of a great shift in food marketing tactics that has moved away from traditional media and point-of-purchase approaches and toward inter-related multi-platform and often immersive tactics directed at children that potentially violate state laws or point to gaps requiring enhanced regulatory oversight. Investigators: a) reviewed...
Conference Paper
The food and beverage industry's opposition to recent regulatory efforts is informed by the counter-regulatory playbook established by the tobacco industry, a key component of which was shifting responsibility to individual consumers. This study systematically explores the origins of the tobacco industry's personal responsibility arguments in the n...
Conference Paper
Exposure to ultraviolet radiation (UV) at indoor tanning facilities or from the sun contributes to the risk of skin cancer, including melanoma, the deadliest form of skin cancer. 20% of high school females engage in indoor tanning. In 2012, a Congressional investigation found that 90% if tanning salons denied risks and 80% conveyed misleading state...
Conference Paper
The tobacco industry's youth smoking prevention (YSP) programs focus largely on assigning blame to parents and children for youth smoking by using personal responsibility rhetoric. This frames the issue around improving parental communication and youth self-esteem instead of focusing on tobacco industry marketing and targeting of youth. Moreover, b...
Article
Full-text available
Teenage use of indoor tanning has reached epidemic proportions. There is no Federal ban on teen use; rather, it is left to each state to determine policy. We conducted a state-by-state analysis using data from each state's statutes and regulations and supplementary information from the National Conference of State Legislatures. First, we refined an...
Article
Exposure to ultraviolet radiation from indoor tanning device use is associated with an increased risk of skin cancer, including risk of malignant melanoma, and is an urgent public health problem. By reducing indoor tanning, future cases of skin cancer could be prevented, along with the associated morbidity, mortality, and healthcare costs. On Augus...
Conference Paper
The tobacco industry continues to use strategic messaging about personal responsibility and freedom of choice to protect its interests in the marketplace, against litigation and regulation. The messaging is deceptive in that it ignores the role of addiction, marketing ploys and disinformation campaigns which undercut free choice. Used in litiga...
Conference Paper
Food marketing that relies upon computers and mobile devices to engage young people has exploded in recent years and can directly target and geo-locate youth, often without parental knowledge. Complex marketing campaigns integrate text messages, websites, promotional emails, points or rewards schemes, games, social networking and more. State attorn...
Conference Paper
The 2009 Family Smoking Prevention and Tobacco Control Act gave the Food and Drug Administration the authority to regulate tobacco products. This historic achievement was controversial amongst tobacco control advocates, as a key provision banned all flavored additives to cigarettes, but exempted menthol. The law created the Tobacco Products Scienti...
Article
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The recognition that tobacco control and human rights concerns overlap is quite recent. This commentary reflects upon tobacco control's growth through allying with other domains, and details a particular effort to build alliances between tobacco control and human rights practitioners.
Conference Paper
Introduction. In the 1950s and 1960s, the tobacco industry successfully delayed and weakened public health packaging regulation, in part by adopting a series of self-regulatory initiatives. Since YEAR, the food and beverage industry appears to be following a similar pattern regarding front-of-package [FOP] labeling. The American Beverage Associatio...
Conference Paper
The Family Smoking Prevention and Tobacco Control Act ("Act") of 2009 authorizes the U.S. Food and Drug Administration to promulgate product standards for nicotine yields of smoked tobacco products. The Act further authorizes the FDA's Tobacco Products Scientific Advisory Committee to provide advice, information, and recommendations on the effects...
Article
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There is no safe level of secondhand tobacco-smoke exposure, and no previous studies have explored multiunit housing as a potential contributor to secondhand tobacco-smoke exposure in children. We hypothesized that children who live in apartments have higher cotinine levels than those who live in detached homes, when controlling for demographics. W...
Conference Paper
This study consists of a content analysis of tobacco industry documents; legislative, litigation, regulatory materials; and news coverage spanning the publication of Cancer by the Carton by Reader's Digest in 1953 to the passage of the Federal Cigarette Labeling and Advertising Act in 1965. Personal responsibility is a deeply held American value wh...
Conference Paper
Unlike market rate housing in the private sector that responds to market demands, public housing consumers find themselves in a weak negotiating position over smoking policy. Children in public housing are often exposed to tobacco smoke even though there may be no smoker residing with them. Smoke seepage through ventilation systems or other means r...
Article
Full-text available
In July 2009, the Department of Housing and Urban Development issued a memorandum urging local Public Housing Authorities to implement no-smoking policies in some or all of their public housing units. To date, only an estimated 4% of PHAs have done so, despite strong public health evidence that a resident who smokes in a single unit within a multiu...
Article
Many smokers and potential smokers believe that light cigarette brands are less hazardous to their health than standard brands. As a result, millions of smokers have switched to light cigarettes instead of attempting to quit. For the same reason, light cigarettes are popular among new smokers, particularly youth. The truth, however, is that light c...
Chapter
Continually changing health threats, technologies, science, and demographics require that public health professionals have an understanding of law sufficient to address complex new problems as they come into being. This book provides a review of the legal basis and authorities for the core elements of public health practice and solid discussions of...
Article
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Cigarettes manufactured by fewer than half a dozen domestic companies cause approximately 440,000 deaths and $155 billion in medical and lost productivity costs each year in the United States. Despite this toll, Congress has not authorized the United States Food and Drug Administration to regulate cigarette design or marketing. Likewise, the Consum...
Article
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Two articles in this edition of Tobacco Control , by Ashley and Ferrence1 and Lund et al,2address an issue that is likely to become increasingly important in the new millennium. How will children be protected from the known health threat of exposure to environmental tobacco smoke (ETS) when that exposure occurs in places, such as the home or the pr...
Article
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Many persons suffer from a variety of conditions that render them particularly vulnerable to injuries caused by environmental tobacco smoke. Fortunately, the Americans With Disabilities Act may provide such patients with a legal right to a smoke-free environment. We examine herein how the act can be used by these patients, how the act works, and ho...
Article
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Exposure to tobacco smoke by non-smokers with disabilities may constitute a form of discrimination under the Americans with Disabilities Act. TItle I of the ADA dealing with employment discrimination and Title III of the ADA dealing with public accommodations each offers protection from disability discrimination that may apply to persons with disab...

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