Challenging Industry-Backed Preemption Laws Through Litigation

Read our new op-ed on Governing.com

In an opinion piece on Governing.com, ChangeLab Solutions vice president of law Sabrina Adler and board member Meryl Chertoff argue that health advocates across the United States should consider litigation as a tool to confront preemptive state laws that threaten health- and equity-promoting strategies in local communities.

The op-ed was inspired by a successful lawsuit, supported by ChangeLab Solutions and the American Heart Association, that challenged the 2018 law banning new sugary drink taxes in California until 2031. The law was created by the beverage industry to shut down a strategy that has proven effective in improving health while raising revenues for community investments.

The success of the litigation — and the approach taken by the legal team and plaintiffs in challenging the 2018 law — could show the way for community health advocates to overturn other flawed preemptive state laws.

Read the full op-ed on the Governing.com website.

3/11/2022