@article{ref1,
title="Performance-based regulation: Enterprise responsibility for reducing death, injury, and disease caused by consumer products",
journal="Journal of health politics, policy and law",
year="2009",
author="Sugarman, Stephen D.",
volume="34",
number="6",
pages="1035-1077",
abstract="This article offers a bold new idea for confronting the staggering level of death, injury, and disease caused by five consumer products: cigarettes, alcohol, guns, junk food, and motor vehicles. Business leaders try to frame these negative outcomes as &quot;collateral damage&quot; that is someone else's problem. That framing not only is morally objectionable but also overlooks the possibility that, with proper prodding, industry could substantially lessen these public health disasters. I seek to reframe the public perception of who is responsible and propose to deploy a promising approach called &quot;performance-based regulation&quot; to combat the problem. Performance-based regulation would impose on manufacturers a legal obligation to reduce the negative social costs of their products. Rather than involving them in litigation or forcing them to operate differently (as &quot;command-and-control&quot; regimes do), performance-based regulation allows the firms to determine how best to decrease bad public health consequences. Like other public health strategies, performance-based regulation focuses on those who are far more likely than individual consumers to achieve real gains. Analogous to a tax on causing harm that exceeds a threshold level, performance-based regulation seeks to harness private initiative in pursuit of the public good.<p /> <p>Language: en</p>",
language="en",
issn="0361-6878",
doi="10.1215/03616878-2009-035",
url="http://dx.doi.org/10.1215/03616878-2009-035"
}