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).
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.
Tobacco companies are challenging California’s statewide ban on the sale of flavored tobacco products.
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.
Tobacco industry challenges San Diego’s flavored tobacco product ordinance, arguing that the ordinance is expressly and impliedly preempted by the Tobacco Control Act.
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.
The State of Texas legally challenges ordinances in Austin and Travis County mandating mask coverings in an effort to combat the coronavirus.
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.
Cigar trade associations challenge Philadelphia flavored tobacco sales restriction on state-level preemption and Constitutional grounds.
The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.
Industry challenges a local flavored tobacco product ordinance adopted by the City of Edina, Minnesota, arguing that the ordinance is preempted by the Tobacco Control Act.
E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.
E-cigarette manufacturers and trade group challenged premarket review deadlines set by a federal district court in Maryland under the Administrative Procedure Act and on Constitutional grounds.
Tobacco Industry challenges the County of Los Angeles’ flavored tobacco product sales restriction, arguing the ordinance is expressly and impliedly preempted by federal law.
African American Tobacco Control Leadership Council et al. v. U.S. Dept. of Human Services et al. (2020)
Public health groups sue the FDA over its failure to prohibit the sale of menthol cigarettes.
On September 3 and Sept 5, 2020, Fresh Farms submitted 22 Premarket Tobacco Product Applications (PMTA) to the U.S. Food and Drug Administration (FDA). On January 4, 2021, FDA issued a Refuse-to-Accept (RTA) action against Fresh Farms’ PMTAs. Fresh Farms challenged the administrative decision on February 3, 2021, in the 9th Circuit.
Cigar and pipe tobacco trade associations filed suit against the FDA, challenging the deeming rule as it applies to cigars and pipe tobacco. The suit is ongoing, but has resulted in a suspension of warning labels for cigars and pipe tobacco and the premarket review process specifically for premium cigars.
E-cigarette industry trade association and smoke shop challenges the County of Los Angeles’ flavored tobacco product ordinance, arguing that the ordinance is preempted by federal law and is unconstitutionally vague.
Philip Morris USA Inc. and Sherman Group Holdings, LLC v. U.S. Food and Drug Administration et al. (2020)
Industry challenges the FDA’s 2020 graphic warning label rule on First Amendment grounds.
Industry trade association challenges City of Palmdale’s flavored tobacco product sales restriction, arguing that the ordinance is expressly and impliedly preempted by federal law.