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. 

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.

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.

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

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.

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

Tobacco Industry challenges the County of Los Angeles’ flavored tobacco product sales restriction, arguing the ordinance is expressly and impliedly preempted by federal law.

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).

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

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.

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.

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.