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For example, smoking is associated with heart disease and multiple cancers. Cleveland Clinic, “Smoking and Your Health,” available at <http://www.clevelandclinic.org/heartcenter/pub/guide/prevention/smoking/smoking_hrtds.htm> (last visited January 8, 2009). See also National Cancer Institute, “Smoking and Cancer: Questions and Answers,” available at <http://www.cancer.gov/cancertopics/factsheet/Tobacco/cancer> (last visited January 8, 2009). Overweight and obesity has been linked to cardiovascular disease, arthritis, cancer, and diabetes. Centers for Disease Control and Prevention, Department for Health and Human Services, “Overweight and Obesity,” available at <http://www.cdc.gov/nccdphp/dnpa/obesity/consequences.htm> (last visited January 8, 2009).+(last+visited+January+8,+2009).+See+also+National+Cancer+Institute,+“Smoking+and+Cancer:+Questions+and+Answers,”+available+at++(last+visited+January+8,+2009).+Overweight+and+obesity+has+been+linked+to+cardiovascular+disease,+arthritis,+cancer,+and+diabetes.+Centers+for+Disease+Control+and+Prevention,+Department+for+Health+and+Human+Services,+“Overweight+and+Obesity,”+available+at++(last+visited+January+8,+2009).>Google Scholar

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See infra section “Considerations for Public Health Regulations and HPV” in this article.Google Scholar

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This paper is not meant to contain an analysis of all previously suggested factors for consideration, but rather to consider previously delineated factors that are particularly relevant in the case of HPV and behavior regulation.Google Scholar

See Spivey, E. Y., “Trans Fat: Can New York City Save Its Citizens from this ‘Metabolic Poison’?” Georgia Law Review 42 (Fall 2007): 273–307, at 275.Google Scholar

See Gostin, , supra note 13, at 465 (discussing how “certain scientific realities” need to be considered).Google Scholar

Id. (stating that “the seriousness and prevalence of the disease influences the decision whether or not to adopt a restrictive public health response.”)Google Scholar

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See, e.g., Va. Code Ann. § 32.1–46 (A) (12) and (B) (3) (2007). Virginia was the only state to pass a mandate though many other states considered them. See Gerber, , supra note 4, at 495. The vaccine is only approved for use in females in the United States; however, the fact that only women would be mandated to be protected from HPV while males would not is important regardless of FDA approval.Google Scholar

See supra note 19, stating that “[t]he Pap test is an effective strategy for reducing the risk of invasive cervical cancer” and that those who have been vaccinated against HPV should continue to have regular Pap smears.Google Scholar

It is unknown how long the vaccine remains effective. Center for Disease Control and Prevention, Health and Human Services, “HPV Vaccine Questions and Answers,” available at <http://www.cdc.gov/std/HPV/STDFact-HPV-vaccine.htm#hpvvac4> (last visited January 8, 2009). It is also unknown what the long-term effects of immunity against these four virus strains will be on the prevalence and disease-causing power of other oncogenic strains. Baden, L. R., “Human Papillomavirus Vaccine — Opportunity and Challenge,” New England Journal of Medicine 356, no. 19 (2007): 1990–1991, at 1990. See also Sawaya, G. F. Smith-McCune, K., “HPV Vaccination — More Answers, More Questions,” New England Journal of Medicine 356, no. 19 (2007): 1991–1993, at 1992 (stating that the FUTURE II trial shows increasing rates of high grade cervical lesions in the vaccinated population, supporting the idea that other types of HPV have filled the void left by HPV 16 and 18). Others argue that such an idea is not a likely outcome since women are often infected with multiple types of HPV. The FUTURE II Study Group, “Quadrivalent Vaccine against Human Papillomavirus to Prevent High-Grade Cervical Lesions,” New England Journal of Medicine 356, no. 19 (2007): 1915–1927, at 1919.Google Scholar

There are only approximately 10,000–11, 000 new cases per year in the United States. Centers for Disease Control and Prevention, Department of Health and Human Services, “HPV-Associated Cancers,” available at <http://www.cdc.gov/cancer/hpv/statistics/cases.htm> (last visited January 8, 2009).+(last+visited+January+8,+2009).>Google Scholar

There are between 250,000 and 1 million women diagnosed with precancerous lesions each year. Wikipedia, s.v. “Cervical Intraepithelial Neoplasia,” available at <http://en.wikipedia.org/wiki/Cervical_intraepithelial_neoplasia> (last visited January 8, 2009).+(last+visited+January+8,+2009).>Google Scholar

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See supra note 19.Google Scholar

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There are numerous regulations regarding food safety that affect the consumption of adults. The recent bans on trans fats can be viewed as a food safety regulation since the bans apply to foods consumed in restaurants only, where consumers would be unaware of the presence of trans fats, and it is often argued that trans fats are not good for one's health.Google Scholar

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See Ravin v. State, 537 P.2d 494, 502 (Alaska 1975) (stating that “‘Big Brother’ cannot, in the name of public health, dictate to anyone what he can eat or drink or smoke in the privacy of his own home.”).Google Scholar