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 11 - 20 of 95

R.J. Reynolds v. Bonta (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 November 10, 2022 seeking an injunction and declaratory relief against the measure. On December 12, 2022, the Supreme Court denied the suit.

State

California

Most Recent Activity

Status

Closed

Gripum v. 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

Open

Bidi Vapor v. 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

Closed

Prohibition Juice v. FDA (2022)

Prohibition Juice and other petitioners whose cases were consolidated with this one manufactured flavored e-liquids containing nicotine for use in open-system e-cigarette devices. They sought market authorization from the FDA to continue to make and sell their products.

State

Washington D.C.

Most Recent Activity

Status

Closed

Swisher International v. FDA (2021)

Swisher International is a manufacturer of flavored cigars and little cigars. In 2016, the FDA issued the Deeming Rule, which deemed cigars and little cigars among other products to be under the FDA’s regulatory oversight. The FDA stated that the newly deemed products could remain on shelves while manufacturers submitted their premarket tobacco product applications. Swisher filed a complaint seeking a preliminary injunction against enforcement of the FDA’s Deeming Rule.

State

Florida

Most Recent Activity

Status

Open

Wages and White Lion Investments v. FDA (2021)

Wages and White Lion and Vapetasia, manufacturers of flavored e-liquids containing nicotine for use in open-system e-cigarette devices, sought but were denied market authorization from the FDA to continue to make and sell their products.

State

Washington D.C.

Most Recent Activity

Status

Open

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

On April 5, 2021, Prior Lake enacted an ordinance that prohibits the sale of flavored e-cigarettes. Prior Lake Tobacco and Vape 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 among other things that the ordinance would destroy its business and that it is unconstitutionally vague.

State

Minnesota

Most Recent Activity

Status

Open

R.J. Reynolds v. Becerra (2020)

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

State

California

Most Recent Activity

Status

Open