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

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

R.J. Reynolds Tobacco Company et al. v. U.S. Food and Drug Administration et al. (2020)

The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.

State: Texas
Most Recent Decision: 2020
Status: Pending

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

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

State: California
Most Recent Decision: 2020
Status: Pending

Moose Jooce, et al. v. U.S. Food and Drug Administration (2018)

E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.

State: Washington D.C.
Most Recent Decision: 2020
Status: Resolved

R.J. Reynolds Tobacco Company, et al. v. City of Edina et al. (2020)

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.

State: Minnesota
Most Recent Decision: 2020
Status: Pending

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: 2020
Status: Pending

Vapor Technology Association et al. v. U.S. Food and Drug Administration (2019)

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.

State: Kentucky
Most Recent Decision: 2020
Status: Resolved