Big Time Vapes v. FDA (2019)
An e-cigarette manufacturer and trade association challenged the deeming rule on constitutional grounds.
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.
American Academy of Pediatrics v. FDA (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.
Cyclops Vapor 2 v. FDA (2016)
E-Cigarette manufacturers and distributors challenge the deeming rule under the Administrative Procedure Act (APA) and the First Amendment.
Nicopure Labs v. FDA (2016)
The Tobacco Control Act’s premarket authorization pathway does not violate the APA. Additionally, neither the pre-marketing authorization requirement applicable to modified risk products nor the free sample ban violate the First Amendment.
Hochstatter v. Arntz (2019)
The legal issue in this case is whether San Francisco’s ballot measure, Proposition C – supported by JUUL Labs and purportedly a youth access law – would allow flavored e-cigarettes back onto store shelves in San Francisco, overturning city laws passed in 2019 and 2017 that were intended to ban e-cigarettes not regulated by the FDA and to keep products like Juul’s mango and cucumber nicotine pods out of the hands of teens.
Cumberland Farms v. Town of Yarmouth Board of Health (2019)
The legal issue in this case is whether the Town of Yarmouth’s multi-step review process based on smelling, tasting, and physically examining tobacco products, including “concept flavors” such as Jazz, meets the evidentiary standard required by law to identify these products as flavored.
Faircloth v. FDA (2016)
An e-cigarette user sued the FDA arguing that the deeming rule violates the Administrative Procedure Act (APA), as well as the First and Tenth Amendments of the U.S. Constitution.
Hoban v. FDA (2018)
E-cigarette manufacturers and retailers challenged the deeming rule on Constitutional grounds.
Rave Salon v. FDA (2018)
E-cigarette manufacturer and retailer challenged the deeming rule under the U.S. Constitution.
Lost Art Liquids v. FDA (2016)
An e-cigarette manufacturer challenged serval aspects of the FDA’s deeming rule. The case was dismissed without any rulings on the substantive issued raised.