Litigation Tracker

Litigation is an important tool for both defending and advancing public health policy. Below you will find information and official court documents from select lawsuits within the focus areas of the Public Health Law Center, including commercial tobacco control and healthy eating. Additionally, we have included some cases relevant to cross-cutting issues that affect public health, such as preemption and First Amendment considerations.
 
In some of the cases included here, the Public Health Law Center has supported public health goals as an amicus curiae, or friend-of-the-court, by filing briefs with relevant information that the court might wish to consider in addition to information presented by the litigants. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
 
This tool was previously known as the Amicus Briefs Database. This modified resource will reflect new content and the expansion of previous content.

Litigation Tracker

African American Tobacco Control Leadership Council et al. v. U.S. Dept. of Health and Human Services et al. (2020)

Public health groups sue the FDA over its failure to prohibit the sale of menthol cigarettes.

State: California
Most Recent Decision: 2021
Status: Pending

Prior Lake Tobacco and Vape, Inc. v. City of Prior Lake (2021)

On April 5, 2021, the City of Prior Lake enacted an ordinance that prohibits the sale of flavored electronic delivery devices (e-cigarettes).

State: Minnesota
Most Recent Decision: 2021
Status: Pending

R.J. Reynolds Tobacco Co. et al. v. Becerra et al. (2020)

Tobacco companies challenged California’s statewide ban on the sale of flavored tobacco products. 

State: California
Most Recent Decision: 2021
Status: Resolved

R.J. Reynolds Tobacco Company et al v. County of San Diego (2020)

Tobacco industry challenges San Diego’s flavored tobacco product ordinance, arguing that the ordinance is expressly and impliedly preempted by the Tobacco Control Act.

State: California
Most Recent Decision: 2021
Status: Pending

Neighborhood Market Association, Inc. v. County of San Diego, No. 3:20-cv-01124 (S.D. Cal. 2020)

Tobacco industry retailer association challenges the County of San Diego’s flavored tobacco product sales restriction, arguing the restriction is expressly and impliedly preempted by federal law.

State: California
Most Recent Decision: 2021
Status: Pending

State of Texas v. City of Austin, County of Travis, et al.

No. 03-21-00144-CV (Third Ct. of Appeals - Austin)

Synopsis

The State of Texas legally challenges ordinances in Austin and Travis County mandating mask coverings in an effort to combat the coronavirus.

State: Texas
Most Recent Decision: 2021
Status: Pending

County of Santa Clara et al. v. Dept of Health and Human Services and Norris Cochran (2021)

Plaintiffs challenge the Department of Health and Human Services’ recently finalized SUNSET rule amending all department regulations (subject to limited exceptions) with expiration provisions and review protocols.

State: California
Most Recent Decision: 2021
Status: Pending

Cigar Association of America, et al v. City of Philadelphia et al. (2020)

Cigar trade associations challenge Philadelphia flavored tobacco sales restriction on state-level preemption and Constitutional grounds.

State: Pennsylvania
Most Recent Decision: 2020
Status: Pending