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
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.
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.
The legal issue in this case is whether the government has substantial latitude, and is entitled to deferential review, in regulating false and misleading commercial and professional speech within an industry, and in protecting the public from deceptive marketing and the purveying of misinformation by service providers.
The legal issue in this case is whether San Francisco's ordinance requiring a health warning on advertisements of sugar-sweetened beverages (SSBs) violates the First Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
The legal issue in this case is whether state credit card no-surcharge laws unconstitutionally restrict speech conveying price information (as the Eleventh Circuit has held), or regulate economic conduct (as the Second and Fifth Circuits have held).
The legal issue in this case is whether New York City’s sodium warning rule is a scientifically controversial, arbitrary and capricious, constitutionally invalid measure preempted by federal law, or whether the sodium warning is a scientifically sound, legally well-grounded measure representing a reasonable response to a public health crisis.
The legal issue in this case is whether the court should grant en banc review of National Association of Manufacturers, et al. v. U.S. Securities and Exchange Commission, given the panel’s novel holdings that, if broadly adopted, would have a significant impact on the robust mandatory disclosure regimes required in public health and safety.
The legal issue in this case is whether several major tobacco companies violated the Racketeer Influenced and Corrupt Organizations Act by engaging in a conspiracy to defraud the public about the health risks of smoking and to market tobacco products to children.
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