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.
E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.
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.
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 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.
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.
Industry challenges the FDA’s 2020 graphic warning label rule on First Amendment grounds.
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.
Public health groups successfully challenged FDA’s 2017 guidance indefinitely extending premarket review deadlines.
An e-cigarette manufacturer and trade association challenged the deeming rule on constitutional grounds.
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.