R.J. Reynolds v. FDA (2011)
The FDA’s Graphic Warning Rule is struck down as unconstitutional under the First Amendment.
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.
United States v. Philip Morris (1999)
After the landmark decision holding major tobacco companies liable for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the tobacco industry attempted to vacate the remedies imposed by the court.
Bartec v. Wymsylo (2012)
The legal issue in this case is whether the Ohio Department of Health’s enforcement of Ohio’s Smoke Free Workplace Act violates separation of power principles, impedes property rights, and is a proper use of police powers, and whether the Court of Appeals was correct in ruling that it was improper for the appellants to use a declaratory judgment action in their counter-claims to collaterally attack the ten final orders finding violations.
23-34 94th Street Grocery v. New York City Board of Health (2010)
NYC’s point-of-sale cigarette graphic warning requirement is struck down as preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA).
Curtis v. Altria Group (2012)
The legal issue in this case is whether a private lawsuit alleging a consumer protection law violation by a tobacco manufacturer should be dismissed for lack of public benefit.
Gate City Billiards Country Club v. Guilford County Department of Public Health (2010)
The legal issue in this case is whether the private club exemption in North Carolina’s statewide smoke-free legislation violates the Equal Protection Clause under the 14th Amendment of the U.S. Constitution.
Sottera v. FDA/Smoking Everywhere v. FDA (2009)
The FDA can only regulate e-cigarettes as a tobacco product, unless a product is specifically being marketed as a cessation device.
Philip Morris v. City and County of San Francisco (2009)
The legal issue in this case is whether a city and county ordinance prohibiting the sale of tobacco products in stand-alone pharmacies is valid.
Philip Morris v. Williams (2009)
The legal issue in this case is whether a state court has inherent authority over its own procedural rules.
WTO Petition – Trade Dispute Between Thailand and Philippines over Tobacco Taxes (2009)
The issue in this case is the tension between free trade and public health which, in the case of tobacco sales, is undermined by free trade.