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The “Obesity Risk”: For an Effective Use of Law to Prevent Non-Communicable Diseases

Published online by Cambridge University Press:  26 April 2017

Abstract

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Footnotes

*

University of Liverpool; email: Amandine.Garde@liverpool.ac.uk.

References

1 EU Law and Obesity Prevention (Kluwer Law International 2010).

2 See, in particular, the edited collection that resulted from this workshop: The Emergence of an EU Lifestyle Policy: The Case of Alcohol, Tobacco and Unhealthy Diets (Cambridge University Press 2015), as well as our first scoping article: “The Emergence of an EU Lifestyle Policy: The Case of Alcohol, Tobacco and Unhealthy Diets” (2013) 50 Common Market Law Review 1745, our report for the Swedish Institute of European Policy Studies (SIEPS) on “Regulating Lifestyles in Europe How to Prevent and Control Non-Communicable Diseases Associated with Tobacco, Alcohol and Unhealthy Diets?” (December 2013): available at <http://www.sieps.se/en/publications/reports/regulating-lifestyles-in-europe-how-to-prevent-and-control-non-communicable>, and our legal opinion for Action on Smoking and Health and Cancer Research UK on the compatibility of the proposed UK tobacco plain packaging scheme with EU law (November 2014): available at <http://www.ash.org.uk/files/documents/ASH_955.pdf>.

3 A Study on Liability and the Health Costs of Smoking (SANCO/2008/C6/046), December 2009: available at: <http://ec.europa.eu/health//sites/health/files/tobacco/docs/tobacco_liability_en.pdf>.

4 ESRC Grant ES.J020761.1.

5 See the SIEPS report mentioned above.

6 Ibid.

7 This was recently recognised by the CJEU in Case C-547/14 Philip Morris (see in particular paras. 156 and 157 of the Court’s judgment of 4 May 2016 and para. 193 of the Opinion of AG Kokott of 23 December 2015).

8 This principle is at the heart of the UN Convention on the Rights of the Child, which has been ratified by all States in the world apart from the United States of America (Art. 3(1)), and is also enshrined in the EU Charter of Fundamental Rights (Art. 24).

9 General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, at para. 17.

10 General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, at para. 37.