Fact Sheet

Because of the potential harms cannabis use poses to youth, many states place restrictions on cannabis advertising. Courts are divided as to whether such restrictions violate a business’s First Amendment rights to engage in commercial speech. This fact sheet details how, depending on the scope and characteristics of a state’s advertising policy, cannabis advertising can be constitutionally restricted in order to protect children’s health.

Drug overdose continues to claim the lives of tens of thousands of people in the U.S. every year. Opioids, both prescription painkillers and street drugs such as heroin and illicitly manufactured fentanyl, are responsible for the majority of these deaths. In response, states have passed legislation to increase access to the opioid overdose reversal medication naloxone, including provisions that allow for the distribution of naloxone through pharmacies. Some states have gone further and now require that naloxone be prescribed or offered to some patients. This fact sheet describes those requirements and links to the relevant laws.

The major opioid settlement agreements generally do not address “supplantation,” the practice of using settlement funds to support an existing initiative rather than starting or investing in new initiatives.  Some states have enacted laws, rules, or guidelines that restrict or prohibit such supplantation. This fact sheet provides a description and brief analysis of how various states are addressing this issue.

According to the Centers for Disease Control and Prevention, about one in five private wells contain unhealthy levels of contaminants. While a landmark federal law, the Safe Drinking Water Act, generally protects individuals that use a public water supply from exposure to unsafe levels of regulated contaminants, there is no similar protection for U.S. residents who rely on private wells for water. State laws and policies requiring water quality testing of private wells vary both in scope and the extent to which that water quality data is made available to the public. This resource provides a sample of state laws that highlight key similarities and differences between water quality testing programs.

Extreme heat is the number one cause of weather-related death in the United States. Indoor and outdoor workers are particularly at risk during extreme days. This resource outlines federal, state, and local legal and policy protections for indoor and outdoor workers; and barriers to protecting this workforce, including legal methods like preemption – a legal method used by a higher level of government to limit the authority of a lower level of government – that can be used by some to override existing or potential local protections.

The U.S. Department of Health and Human Services Office for Civil Rights issued a Final Rule, effective June 25, 2024, to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA) for protected health information (PHI) related to reproductive health care of an individual. This resource highlights the changes outlined in the rule and the considerations for health departments.

As the country, and the world, wait to see how the Supreme Court decides the case of Alliance for Hippocratic Medicine v. FDA seeking to prevent the distribution of abortion medication, there are four important reproductive health care cases working their way through the federal court system that may also affect a large number of individuals, especially adolescents and people who have low incomes. Although Title X has been law for 54 years, courts have played and continue to play a role in construing the permissible use of Title X funds, with the four pending cases outlined in this fact sheet as examples.

Law and policy play a critical role in shaping health outcomes especially when it comes to racial health equity. While legislative actions and trends matter, it is also important to understand the role of the courts in altering legal landscapes in ways that can positively or negatively impact racial health disparities. This fact sheet highlights four 2023 U.S. Supreme Court cases with examples of how each potentially impacts racial health equity. It also provides a further examination of two cases of the cases that can be classified as wins for racial health equity.

Law and policy play a critical role in shaping health outcomes especially when it comes to racial health equity. While legislative actions and trends matter, it is also important to understand the role of the courts in altering legal landscapes in ways that can positively or negatively impact racial health disparities. This fact sheet highlights four 2023 U.S. Supreme Court cases with examples of how each potentially impacts racial health equity. It also provides a further examination of two cases of the cases that can be classified as wins for racial health equity.

The Network has identified at least eleven states and the District of Columbia (D.C.) that have now passed laws that seek to keep health data relating to abortion out of the hands of those that would seek to use them against patients and their providers merely for seeking, receiving, or providing reproductive health care. This factsheet explores common themes and creative solutions in state and District of Columbia laws aimed at protecting the privacy of reproductive health records.

Since 2020, states across the country have introduced and passed bills that prohibit or significantly limit participation by students who are transgender. Curtailing participation in school sports restricts access not only to healthful activities, but also to the physical, psychological, and academic benefits associated with them. Of these laws, at least eight have been challenged in state or federal courts on constitutional grounds. This fact sheet provides an overview of key trends in legal challenges to states’ restriction of transgender students’ participation in sports.

Judicial deference is a legal principle that has historically respected the knowledge and experience of governmental public health actors, including public health agencies. However, recent attempts to dismantle judicial deference could have a negative impact on health departments without explicitly targeting public health. This fact sheet introduces the concept of judicial deference and its role in health agency administrative decision-making.