Research ReportsState Preemption of Consumer Merchandise and Beverage Containers: New Strategy to Preempt Sugar-Sweetened Beverage Policies?Pomeranz, Jennifer L. JD, MPH; Mozaffarian, Dariush MD, DrPH Author Information Department of Public Health Policy and Management, School of Global Public Health, New York University, New York, New York (Dr Pomeranz); Friedman School of Nutrition Science and Policy, Tufts University, Boston, Massachusetts (Dr Mozaffarian); and Tufts School of Medicine and Division of Cardiology, Tufts Medical Center, Boston, Massachusetts (Dr Mozaffarian). Correspondence: Jennifer L. Pomeranz, JD, MPH, Department of Public Health Policy and Management, School of Global Public Health, New York University, 708 Broadway, 7th Floor, New York, NY 10003 ([email protected]). The authors thank Sarah Mann, state and community policy analyst at the American Heart Association; Jim Krieger, executive director of Healthy Food America; and Lynn Silver, senior advisor at the Public Health Institute for their intellectual contributions to this article. This research was supported by NIH project number: 2R01HL115189-06A1 Cost-Effectiveness of Health System and State-Level Strategies to Improve Diet and Reduce Cardiometabolic Diseases. Dr Mozaffarian reports research funding from the National Institutes of Health, the Gates Foundation, and The Rockefeller Foundation; personal fees from Acasti Pharma, America's Test Kitchen, Barilla, Cleveland Clinic Foundation, Danone, GOED, and Motif FoodWorks; scientific advisory board, Beren Therapeutics, Brightseed, Calibrate, DayTwo (ended 6/20), Elysium Health, Filtricine, Foodome, HumanCo, January Inc, Perfect Day, Season, and Tiny Organics; and chapter royalties from UpToDate, all outside the submitted work. The authors declare no conflicts of interest. Journal of Public Health Management and Practice: May/June 2022 - Volume 28 - Issue 3 - p 222-232 doi: 10.1097/PHH.0000000000001462 Buy Metrics 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. © 2022 Wolters Kluwer Health, Inc. All rights reserved.