Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries

Abstract Context Public health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive success...

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Main Authors: Maddie Heenan, Ashleigh Chanel Hart, Katherine Cullerton, Stephen Jan, Janani Shanthosh
Format: Article
Language:English
Published: BMC 2024-02-01
Series:BMC Public Health
Subjects:
Online Access:https://doi.org/10.1186/s12889-024-18053-4
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author Maddie Heenan
Ashleigh Chanel Hart
Katherine Cullerton
Stephen Jan
Janani Shanthosh
author_facet Maddie Heenan
Ashleigh Chanel Hart
Katherine Cullerton
Stephen Jan
Janani Shanthosh
author_sort Maddie Heenan
collection DOAJ
description Abstract Context Public health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries. Methods A scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants. Findings We identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness. Conclusions Food and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers.
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spelling doaj.art-2078cc144c0c4d21820ed6334c5ad7512024-03-05T20:38:45ZengBMCBMC Public Health1471-24582024-02-0124111710.1186/s12889-024-18053-4Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countriesMaddie Heenan0Ashleigh Chanel Hart1Katherine Cullerton2Stephen Jan3Janani Shanthosh4The George Institute for Global Health, University of New South WalesThe George Institute for Global Health, University of New South WalesSchool of Public Health, University of QueenslandThe George Institute for Global Health, University of New South WalesThe George Institute for Global Health, University of New South WalesAbstract Context Public health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries. Methods A scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants. Findings We identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness. Conclusions Food and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers.https://doi.org/10.1186/s12889-024-18053-4NCD preventionPublic health lawRegulationEvaluationTobaccoFood
spellingShingle Maddie Heenan
Ashleigh Chanel Hart
Katherine Cullerton
Stephen Jan
Janani Shanthosh
Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
BMC Public Health
NCD prevention
Public health law
Regulation
Evaluation
Tobacco
Food
title Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
title_full Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
title_fullStr Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
title_full_unstemmed Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
title_short Legal and regulatory instruments for NCD prevention: a scoping review and descriptive analysis of evaluations in OECD countries
title_sort legal and regulatory instruments for ncd prevention a scoping review and descriptive analysis of evaluations in oecd countries
topic NCD prevention
Public health law
Regulation
Evaluation
Tobacco
Food
url https://doi.org/10.1186/s12889-024-18053-4
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