Tobacco Industry challenges the County of Los Angeles’ flavored tobacco product sales restriction, arguing the ordinance is expressly and impliedly preempted by federal law.
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.
Philip Morris USA Inc. and Sherman Group Holdings, LLC v. U.S. Food and Drug Administration et al. (2020)
Industry challenges the FDA’s 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.
R. J. Reynolds Tobacco Company et al. v. U.S. Food & Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. 2020)
Shortly after the FDA issued its new graphic warning label rule in the March 18, 2020 Federal Register, R.J. Reynolds Tobacco Company and several other manufacturers, distributors, and retailers filed suit against the FDA in U.S. District Court for the Eastern District of Texas.
Public health groups successfully challenged FDA’s 2017 guidance indefinitely extending premarket review deadlines. FDA issued updated guidance reflecting an expedited schedule. The industry appealed, but the district court’s ruling was upheld by the Fourth Circuit Court of Appeals on May 4, 2020. Due to the COVID-19 pandemic, however, the deadline to submit premarket review applications was extended to September 9, 2020.
Tobacco industry retailer association challenges the County of San Diego’s flavored tobacco product sales restriction, arguing the restriction is expressly and impliedly preempted by federal law.