Litigation is an important tool to defend and advance public health policy. This tracker provides 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. Some cases are relevant to cross-cutting issues that affect public health, such as preemption and First Amendment considerations. The Public Health Law Center has supported public health goals as an amicus curiae, or friend-of-the-court, by filing briefs (included here) with relevant information that the court may choose to consider. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
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Displaying 1 - 20 of 91

R.J. Reynolds et al. v. Bonta et al. (2022)

On November 8, 2022, California voters approved a measure to prohibit the sale of flavored tobacco products, including e-liquids, in the state, with exceptions for flavored shisha used in hookah, premium cigars, and loose leaf tobacco. R.J. Reynolds and other tobacco industry entities filed suit on 11/9/2022 seeking an injunction and declaratory relief against the measure. 

State

California

Most Recent Activity

Status

Pending

Gripum LLC v US FDA (2022)

Gripum manufactured flavored e-liquids for use in open-system electronic nicotine delivery systems. They sought market authorization from the US Food and Drug Administration (FDA) to continue to make and sell their products. FDA denied the request.

State

Washington D.C.

Most Recent Activity

Status

Closed

Bidi Vapor v US FDA (2022)

Bidi Vapor, Diamond Vapor, Johnny Copper, Vapor Unlimited, Union Street Brands, and Pop Vapor manufactured flavored nicotine-containing e-liquids for use in e-cigarette devices. They sought market authorization from the US Food and Drug Administration (FDA) to continue to make and sell their products.

State

Washington D.C.

Most Recent Activity

Status

Pending

Prohibition Juice Co. v. US FDA (2022)

Prohibition Juice Co, and the other Petitioners whose cases were consolidated with this one, manufactured flavored nicotine-containing e-liquids for use in open-system e-cigarette devises. They sought market authorization from the US Food and Drug Administration (FDA) to continue to make and sell their products.

State

Washington D.C.

Most Recent Activity

Status

Closed

Wages and White Lion Investments LLC d/b/a Triton Distribution v US FDA (2022)

Wages and White Lion, and Vapetasia LLC, manufacturer of flavored nicotine-containing e-liquids for use in open-system e-cigarette devices, sought market authorization from the US Food and Drug Administration (FDA) to continue to make and sell their products. FDA denied the request

State

Washington D.C.

Most Recent Activity

Status

Closed

Swisher International vs US Food and Drug Administration, et al (2021)

Swisher, International (Swisher) is a manufacturer of flavored cigars and little cigars. In 2016 the U.S. Food and Drug Administration (FDA) issued the Deeming Rule, which among other products deemed cigars and little cigars to be under FDA regulatory oversight. FDA stated that the newly-deemed products could remain on shelves while manufacturers submitted their premarket tobacco product applications (PMTA).

State

Florida

Most Recent Activity

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). Prior Lake Tobacco and Vape, Inc., is a vape and tobacco shop that received a license to sell tobacco products in Prior Lake in December of 2020. The business sued the City after it enacted the ordinance, alleging that the Ordinance would destroy its business and that it is unconstitutionally vague, among other things.

State

Minnesota

Most Recent Activity

Status

Pending

In Re: Juul Labs, Inc., Marketing, Sales Practices, and Products Liability Litigation

Beginning in 2017 youth consumption for electronic cigarettes significantly increased – driven in part by Juul’s marketing of flavored e-liquid pods, delivered through Juul devices which were much more portable and concealable than other ESD, and Juul’s use of social media platforms popular with youth and young people to market its products.

State

California

Most Recent Activity

Status

Pending