Litigation Tracker

Litigation is an important tool for both defending and advancing public health policy. Below you will find 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. Additionally, we have included some cases relevant to cross-cutting issues that affect public health, such as preemption and First Amendment considerations.
 
In some of the cases included here, the Public Health Law Center has supported public health goals as an amicus curiae, or friend-of-the-court, by filing briefs with relevant information that the court might wish to consider in addition to information presented by the litigants. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
 
This tool was previously known as the Amicus Briefs Database. This modified resource will reflect new content and the expansion of previous content.

Litigation Tracker

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.

State: Washington D.C.
Most Recent Decision: 2020
Status: Pending

Nicopure Labs, LLC v. Food and Drug Administration, et al. / Right to be Smoke-free Coalition, et al. v. Food and Drug Administration, et al. (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.

State: Washington D.C.
Most Recent Decision: 2019
Status: Pending

Jennifer Hochstatter v. John Arntz, Superior Ct. of State of Calif., County of San Francisco, No. CPF-19-516813 (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.

State: California
Most Recent Decision: 2019
Status: Pending

Cumberland Farms v. Town of Yarmouth Board of Health, No 2019-P-0020, Mass. Appeals Ct. (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.

State: Massachusetts
Most Recent Decision: 2019
Status: Pending

Larry W. Faircloth v. U.S. Food and Drug Administration (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.

State: West Virginia
Most Recent Decision: 2019
Status: Resolved

Hoban, et al. v. U.S. Food and Drug Administration (2018)

E-cigarette manufacturers and retailers challenged the deeming rule on Constitutional grounds.

State: Washington D.C.
Most Recent Decision: 2019
Status: Resolved

Rave Salon Inc., et al. v. U.S. Food and Drug Administration (2018)

E-cigarette manufacturer and retailer challenged the deeming rule under the U.S. Constitution.

State: Texas
Most Recent Decision: 2019
Status: Pending

Lost Art Liquids, LLC v. U.S. Food and Drug Administration (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.

State: California
Most Recent Decision: 2019
Status: Resolved