Richard A Daynard

Richard A Daynard
Northeastern University | NEU · School of Law

JD, PhD

About

92
Publications
7,434
Reads
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909
Citations
Additional affiliations
January 1983 - present
Public Health Advocacy Institute
Position
  • CEO

Publications

Publications (92)
Article
Full-text available
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
We investigated how industry claim-makers countered concerns about obesity and other nutrition-related diseases in newspaper coverage from 2000, the year before the US Surgeon General's Call to Action on obesity, through 2012. We found that the food and beverage industry evolved in its response. The defense arguments were made by trade associations...
Article
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Fifty years after the original 1964 US Surgeon General's Report on Smoking and Health three paths can lead the world to largely eliminating tobacco use altogether: (i) expand current practices for demand reduction, (ii) make use of current legislators to build programs into the future, and (iii) think out of the box with new ideas, such as reducing...
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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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...
Article
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The aim of this study is to describe trends in the consumption of manufactured and roll-your-own cigarettes between 1991 and 2012 in Spain, and to project these trends up to 2020. We estimated daily consumption per capita during 1991-2012 using data on sales of manufactured cigarettes (20-packs) and rolling tobacco (kg) from the Tobacco Market Comm...
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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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
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
INTRODUCTION: Adolescents have high rates of obesity and are heavily targeted with sugary drink marketing. This study analyzed soda marketing through the lens of teen psychological development and consumer protection law principles to identify legal approaches to protect adolescents from soda marketing. METHODS: Consumer protection actions involv...
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
Many steps have been taken at the state and local levels to reduce cigarette addiction, including large tax increases, smoke-free public places, counter-advertising, quitting assistance, banning sales to teenagers, and public education. Together with the delegitimization of the tobacco industry following incriminating revelations from their interna...
Article
Cigarettes result in over 400,000 preventable American deaths each year. In 2011, fewer than twenty percent of adults smoked. Since the publication of the first U.S. Surgeon General's Report on Smoking and Health nearly fifty years ago, when smoking prevalence was around forty percent, policies such as smoke-free laws, large tax increases, and liti...
Article
Since 2004, 25 states have passed Commonsense Consumption Acts (CCAs) to shield the food industry from civil liability for claims arising from obesity-related health harms. These laws continue to be introduced. CCAs have generally been discussed in terms of "tort reform." For this article, we conducted a systematic analysis of the content of all 25...
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.
Article
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Product liability litigation has made important contributions to tobacco control, especially by uncovering incriminating industry documents and publicizing product dangers and industry misconduct. WHO Framework Convention on Tobacco Control (FCTC) Article 19 encourages Parties to strengthen legal procedures to facilitate these lawsuits and to estab...
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...
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
Background: There is sufficient evidence that smoke-free policies are an effective means to reduce exposure to secondhand smoke and may reduce tobacco consumption, which poses a threat to the tobacco industry. The purpose of this study was to review the tactics employed worldwide by the tobacco industry to prevent and defeat policies to reduce publ...
Article
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Litigation plays at least six different roles in tobacco control. First, the most common and least dramatic role is ordinary enforcement of tobacco-control laws. Second, too frequently governments enforce tobacco-control laws sporadically or not at all, creating the opportunity for NGOs either to bring law enforcement actions directly or to sue the...
Article
Tobacco products liability litigation is one of the most potentially effective means of controlling the sale and use of tobacco. Recent factual developments—concerning (1) the addictiveness of nicotine, (2) tobacco industry knowledge of this addictive-ness, and (3) the industry's efforts to conceal its knowledge from the public while making its pro...
Article
This piece is written from the perspective of a long-time advocate for the use of tobacco products litigation as a public-health strategy. It describes the surprise arrival of preemption as an effective defense in tobacco (and other products) cases, the impact on the ability of plaintiffs’ lawyers to get plaintiffs their day in court, and the conse...
Article
In the 17 years since the journal Tobacco Control began, control of tobacco has made tremendous progress. Smoke-free laws are sweeping the globe. Voters in several US states went to the polls to raise cigarette taxes, funding tobacco control programmes and reducing smoking rates. A 1998 settlement of state lawsuits against the tobacco industry in t...
Article
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The present work concerns the adoption of domestic tobacco control legislation in Ecuador after ratification of the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC). Analysis of legislation, and data collection via interviews with key actors involved in the adoption and implementation of domestic legislation passed pur...
Conference Paper
Massachusetts passed a law in 1996 requiring, among other things, that cigarette, snuff and chewing tobacco manufacturers report on non-tobacco additives in their products. The manufacturers attacked this provision in federal court on a number of grounds, and were successful in striking it on the basis that it was a regulatory taking of their trade...
Article
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This article examines the public health authority states have to reduce tobacco use in light of the Food and Drug Administration's oversight of tobacco. The authors point out that states have achieved dramatic reductions in tobacco use in the past with little assistance from federal authorities. Indeed, often federal statutes impeded state efforts....
Article
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The decision in a Scottish smoker's case, McTear v. Imperial Tobacco Limited, that there was no scientific proof of causation between the plaintiff's smoking and his death from lung cancer, accepted all of the traditional arguments that the tobacco industry has made throughout the history of tobacco litigation, including that epidemiology is not an...
Article
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Despite their obligation to do so, tobacco companies often failed to conduct product safety research or, when research was conducted, failed to disseminate the results to the medical community and to the public. The tobacco company lawyers' role in these actions was investigated with a focus on their involvement in company scientific research, clai...
Chapter
This chapter discusses the legal and policy interventions for preventing and controlling tobacco use. It reviews legal authorities that affect tobacco use at the federal, state, and local levels, and considers key developments in tobacco litigation. The chapter discusses legal issues and controversies such as reducing youth access to tobacco, reduc...
Article
Childhood obesity is a national public health problem. Regardless of gender, race, socioeconomic status, or geographic location, children are “gaining weight to a dangerous degree and at an alarming rate.” Since 1980, the number of overweight children has doubled; among adolescents the number has almost tripled. Today, among children who are more t...
Article
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There is now 50-years of experience in the United States litigating against the tobacco industry. As the base of evidence regarding health effects has evolved and new legal strategies have emerged, successive waves of litigation have occurred. The many failures by the first and second waves were followed by some notable successes in the third. Liti...
Article
This discussion examines the use of litigation as a strategy to protect the public health. The history of tobacco litigation provides a model to evaluate potential litigation strategies against other industries that pose a threat to public health, particularly the food industry. This paper demonstrates that although legislation would be a preferabl...
Article
Full-text available
There is now 50-years of experience in the United States litigating against the tobacco industry. As the base of evidence regarding health effects has evolved and new legal strategies have emerged, successive waves of litigation have occurred. The many failures by the first and second waves were followed by some notable successes in the third. Liti...
Article
Full-text available
In State Farm v. Campbell, the U.S. Supreme Court announced that “few awards exceeding a single-digit ratio between punitive and compensatory damages” will be constitutional. Several appeals courts have mistaken this language to be a strict mandate prohibiting punitive damages awards in excess of nine times the compensatory damages amount. This tre...
Article
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Although the tobacco industry helped fund the attack on "junk science," it has created its own dubious scientific scholarship for its expert witnesses. We suggest that plaintiffs' counsel should be proactive in using Daubert hearings to exclude the tobacco industry defendants' scientific expert witnesses by introducing documentation, such as we hav...
Article
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Article
Private enforcement, or litigation, has played a historic role in protecting public health in the United States. Litigation is often employed as a means to protect public health when government regulation is absent or ineffectual. Litigation has been successfully employed to control both asbestos and tobacco and is poised for success in combating t...
Article
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Just how important is litigation in achieving the goals of the tobacco control community? When a Los Angeles jury recently assessed $28 billion in punitive damages against Philip Morris in Bullock v Philip Morris Companies1 the tobacco control community cheered. The jury had calculated that only one in 28 000 Californians who have suffered from to...
Article
Cigarette smoke is by far the leading preventable cause of death and disease in the United States. It has been estimated to kill between 419,000 and 589,000 smokers and up to 65,000 non-smokers each year. This premier status is hardly a new development, having been true for most of the last century, and known to be true at least since the first Sur...
Article
The 1998 master settlement agreement between major tobacco manufacturers and the US states will have a profound effect on many tobacco industry practices and will significantly influence future settlements with the tobacco industry. This article analyzes the settlement's key provisions pertaining to youth sales, advertising, marketing, and lobbying...
Article
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Education and debate p 366 It may be portentous that the $145bn in punitive damage verdicts against the American cigarette manufacturers were handed down by the jury in the Engle class action on 14 July. 1 2 The industry's lawyers alternatively characterised the verdicts as a mortal threat to the industry or as a legal chimera, certain to evapora...
Article
In recent years there has been an increasing use of litigation as a public health tool. Litigation has been brought to advance policies concerning such matters as tobacco, gun violence, and lead paint. This article discusses this development and the criticism that can be leveled at using litigation to develop public health policy. The article concl...
Article
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Tobacco litigation is transforming the prospects for tobacco control worldwide. Litigation in the United States is moving forward on several fronts, including individual cases, class actions, third party reimbursement actions, and secondhand smoke cases. Other countries have followed suit, with governmental actions in courts both in the United Stat...
Chapter
By late June 1997, 39 of the 50 states of the United States had sued the tobacco industry, seeking reimbursement of the medical expenses they had paid for their indignant citizens and orders requiring the industry to stop lying and stop targeting children and adolescents. On 20 June 1997, representatives of most of these states, together with priva...
Article
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Momentum toward Congressional action on tobacco issues began with the announcement in June 1997 of a proposed "global tobacco settlement" between the tobacco industry, a group of state Attorneys General, and private class action lawyers. For the next year, tobacco issues received unprecedented national attention, culminating in the U.S. Senate's co...
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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The tobacco industry's strong-arm tactics have been used consistently over many years. These tactics include: using the industry's size, wealth, and legal resources to intimidate individuals and local governmental bodies; setting up ‘front groups’ to make it appear that it has more allies than it really does; spending large sums of money to frame t...
Article
Objective: To provide an overview of the class action and medical cost reimbursement suits of the third wave of tobacco litigation and to analyze their chances for success and their efficacy as a public health and cancer control strategy. Method/data sources: The application of standard, predictive legal reasoning to documents from three class a...
Article
To the Editor. —I read the critique of the peer review process for tobacco control policy grants by Drs Glantz and Bero1 with particular interest, having been the sole member of the California TRDRP Behavioral and Public Health Research on Tobacco Study Section whose primary expertise was in tobacco policy research. My experience from inside this...
Chapter
Over the past twenty years, various individuals and organizations, most notably in the health professions, have aired concerns about the ethics of profiting from investments in tobacco. The accepted definition of social investing is the integration of financial and social criteria when making investment decisions. The premise is that investing is n...
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...
Article
Product liability litigation can dramatize the dangers of tobacco use, stymie industry propaganda efforts, reveal nefarious industry behavior, and force price increases. Recent recognition of nicotine addiction, "discovery" documenting the industry's stonewalling campaign of more than 35 years, and favorable legal developments make future success l...

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