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5 Duke F. L. & Soc. Change 1 (2013)

handle is hein.journals/dukef5 and id is 1 raw text is: NEW FRONTIERS IN OBESITY CONTROL: INNOVATIVE
PUBLIC HEALTH LEGAL INTERVENTIONS
JAMES G. HODGE, JR., DANIEL G. ORENSTEIN, ALICIA CORBETT, LEILA BARRAZA, &
LEXI C. WHITEt
I. INTRODUCTION
Obesity is the epitome of a global pandemic. Like cancer, obesity is
prevalent among all populations. Like influenza, it respects no borders. Like
HIV/AIDS, it is readily diagnosed and stigmatizing. Like West Nile Virus, it
impacts individuals across all socioeconomic groups. Like heart disease, it is a
chronic, disabling condition with well-known risk factors. And like its notable
companion condition, type 2 diabetes, obesity contributes significantly to societal
morbidity and mortality. The product of manifold causes, obesity is a global
killer. It strikes the young and old. It kills gradually over time or suddenly. It
significantly reduces life expectancy across populations. It directly lowers
persons' quality of life and productivity. Obesity is a pandemic of the masses. Its
spread is slow and evolving. Like tobacco-related diseases, however, obesity is
largely preventable in most cases, especially in industrialized countries with
adequate resources, such as the United States.
Nationwide increases in the prevalence of obesity among Americans over
the last three decades have led to major efforts to better understand the
condition, assess its root causes and negative impacts, and address them through
medical, public health, and legal/policy reforms. Federal, state, and local
governments have (1) considered and levied new sin taxes to counteract sales
of select sugary or caffeinated products;' (2) altered the built environment
f James G. Hodge, Jr., J.D., L.L.M., is the Lincoln Professor of Health Law and Ethics, Director
of the Public Health Law and Policy Program, and Director of the Network for Public Health Law -
Western Region Office at Sandra Day O'Connor College of Law, Arizona State University (ASU).
Daniel G. Orenstein, J.D., is a Fellow at the Public Health Law and Policy Program and Deputy
Director of the Network for Public Health Law. Alicia Corbett, J.D., is a Partner at Keller Rohrback
PLC in Phoenix, Arizona and an Affiliated Professional of the Public Health Law and Policy Program.
Leila Barraza, J.D., M.P.H., is a Fellow at the Public Health Law and Policy Program and Deputy
Director of the Network for Public Health Law. Lexi C. White is a Researcher at the Public Health
Law and Policy Program and a J.D./Ph.D Candidate (2016), Sandra Day O'Connor College of Law
and School of Human Evolution and Social Change, ASU. The authors would like to acknowledge the
following individuals for their research and editing assistance throughout the production of this
article: Lauren Burkhart, J.D. Candidate (2014), Andrew Sniegowski, R.N., J.D. Candidate (2014), Kim
Weidenaar, J.D. Candidate (2013), Sandra Day O'Connor College of Law, and Chase Millea, B.A.,
ASU.
1. HEALTHY EATING RESEARCH & BRIDGING THE GAP, ROBERT WOOD JOHNSON FOUND., SUGAR-
SWEETENED BEVERAGE TAXES AND PUBLIC HEALTH 3 (2009), available at http://www.bridging
thegapresearch.org/_asset/rc7kd6/HERBTGBriefSSBtaxes-2009.pdf.

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