State of Texas v. City of Austin (2020)
Texas challenged ordinances in Austin and Travis County that mandated mask coverings in an effort to combat the coronavirus.
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.
Neighborhood Market Association v. County of San Diego (2020)
A tobacco industry retailer association challenges San Diego’s flavored tobacco product sales restriction, arguing that the restriction is expressly and impliedly preempted by federal law.
County of Santa Clara v. Department of Health and Human Services (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.
Moose Jooce v. FDA (2018)
E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.
Vapor Technology Association v. FDA (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.
Fresh Farms E-Liquid v. FDA (2021)
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.
CA Smoke and Vapor Association v. County of Los Angeles (2020)
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 v. FDA (2020)
Industry challenges the FDA’s 2020 graphic warning label rule on First Amendment grounds.
CA Smoke and Vape Association v. City of Palmdale (2020)
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.
American Academy of Pediatrics v. FDA (2018)
Public health groups successfully challenged FDA’s 2017 guidance indefinitely extending premarket review deadlines.