State Preemption of Consumer Merchandise and Beverage Containers: New Strategy to Preempt Sugar-Sweetened Beverage Policies?

Abstract

State legislators passed laws preempting, or prohibiting, local governments from regulating beverage containers. Although the primary purpose of these laws may be to ban local environmental regulations addressing single-use plastics, it is unknown the extent they also preempt public health policies aimed at reducing sugar-sweetened beverage consumption. In 2021, using LexisNexis, we assessed state legislation preempting local control over consumer merchandise and containers. We identified 8 laws (and 16 failed bills) with broad language preempting local regulation of the sale, use, or marketing of multiple container types, including beverage containers. Most legislative activity occurred during 2016-2021, with legislative intent to avoid a "patchwork" of local laws, avoid burdening retailers, and have a "refreshing drink." Local policy control was characterized as "personal choice." Broad preemption language may stifle local policy making aimed at reducing sugar-sweetened beverage consumption and preempt public health policies such as restricting portion size, in-store promotion and display, and labeling measures.