The Public Health Law Center plays a unique role supporting public health policy by preparing amicus curiae, or friend of the court, briefs in legal cases of national importance related to public health. We have prepared and filed or joined in dozens of amicus briefs in key cases before the appellate courts of many states, as well as the U.S. Supreme Court, U.S. Courts of Appeals, and many state supreme courts. For example, these briefs have supported local authority to enact smoke-free ordinances or to regulate tobacco distribution, and rules requiring restaurants to provide warnings on menus about sodium content.
Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider. A well-written amicus brief can have a significant impact on judicial decision-making. Cases are occasionally decided on grounds suggested by an amicus, and decisions may rely on information or factual analysis provided only by an amicus. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
The database below of cases in which we have participated in amicus briefs is searchable by keyword, public health topic, legal issue, state, and case status. You can also use the icons to do a quick-search of four broad topics.
Amicus Briefs Database
The legal issue in this case is whether the Tobacco Control Act preempts the County of San Diego's flavored tobacco product ordinance.
R. J. Reynolds Tobacco Company et al. v. U.S. Food & Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. 2020)
Shortly after the FDA issued its new graphic warning label rule in the March 18, 2020 Federal Register, R.J. Reynolds Tobacco Company and several other manufacturers, distributors, and retailers filed suit against the FDA in U.S. District Court for the Eastern District of Texas.
American Academy of Pediatrics et al., v. U.S. Food and Drug Administration et al., Nos. 19-2130, -2132, -2198 & -2242, U.S. Court of Appeals for Fourth Circuit (2020)
The legal issue in this case is whether the vape and cigar industries should be allowed to evade the product-by-product review system Congress established in the Family Smoking Prevention and Tobacco Control Act to protect public health from emerging tobacco products.
Nicopure Labs, LLC v. Food and Drug Administration, et al. / Right to be Smoke-free Coalition, et al. v. Food and Drug Administration, et al. (2016) (2018)
The legal issue in this case is whether the U.S. Food and Drug Administration’s regulation expanding its regulatory authority over cigars, e-cigarettes, and other tobacco products violate the Administrative Procedures Act, the Regulatory Flexibility Act, or the First Amendment.
Jennifer Hochstatter v. John Arntz, Superior Ct. of State of Calif., County of San Francisco, No. CPF-19-516813 (2019)
The legal issue in this case is whether San Francisco’s ballot measure, Proposition C – supported by JUUL Labs and purportedly a youth access law – would allow flavored e-cigarettes back onto store shelves in San Francisco, overturning city laws passed in 2019 and 2017 that were intended to ban e-cigarettes not regulated by the FDA and to keep products like Juul’s mango and cucumber nicotine pods out of the hands of teens.
The legal issue in this case is whether the Town of Yarmouth’s multi-step review process based on smelling, tasting, and physically examining tobacco products, including “concept flavors” such as Jazz, meets the evidentiary standard required by law to identify these products as flavored.
The legal issue in this case is whether the warning label disclosure requirements of the U.S. Food & Drug Administration’s Deeming Rule are a rational, well-justified response to the public health issues associated with cigars.
Mahfoud Abdella v. Town of Johnston & LA Enterprises, No. PC-2018-0466, Providence, R.I. S.C. (2019)
The legal issue in this case is whether the Town of Johnston, Rhode Island, has the authority to enact an ordinance that removes flavored tobacco products from general stores and requires that they be sold in vape shops or smoking bans, and that prohibits tobacco retailers from accepting coupons or providing discounts for any tobacco product.
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