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.
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.
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.
Fresh Farms E-Liquid, LLC v. Food and Drug Administration (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.
Cigar Association of America et al. v. U.S. Food and Drug Administration (2016)
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.
CA Smoke and Vape Association, Inc. et al v. County of Los Angeles, et al. (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 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.
CA Smoke and Vape Association, Inc. et al. 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 et al., v. U.S. Food and Drug Administration et al. (2018)
Public health groups successfully challenged FDA’s 2017 guidance indefinitely extending premarket review deadlines.
Big Time Vapes, Inc., et al. v. U.S. Food and Drug Administration (2019)
An e-cigarette manufacturer and trade association challenged the deeming rule on constitutional grounds.
American Academy of Pediatrics v. U.S. Food & Drug Administration (2016)
Public health groups sued the FDA to compel the agency to require graphic warning labels on cigarette packages and advertisements. The public health groups won. FDA appealed, but dropped the appeal after it issued a new graphic warning rule in March, 2020.