AATCLC v. DHHS (2024)
Public health groups sued the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration over their failure to prohibit the sale of menthol cigarettes.
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, climate justice, 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.
Wulferic v. FDA (2025)
The tobacco industry challenged the U.S. Food and Drug Administration’s ability to issue civil monetary penalties for violations of the Family Smoking Prevention and Tobacco Control Act.
Rivera v. Anderson (2024)
A collection of home builders, gas utilities, and building trade unions sued the Washington State Building Code Council (“WSBCC”) over its new building codes, arguing that they violate the federal Energy Policy and Conservation Act (EPCA).
Baltimore v. Philip Morris (2022)
The City of Baltimore filed suit against Philip Morris International and other major tobacco manufacturers to hold them accountable for cigarette litter, with charges including public nuisance, trespass, and violations of state and municipal laws.
Columbus v. Ohio (2024)
Columbus and thirteen other Ohio cities challenged a state law that sought to preempt all current and future local regulations of tobacco products.
R.J. Reynolds Vapor v. FDA (2024)
This case addresses whether a manufacturer can file a petition for review in a circuit court in a circuit where it neither resides nor has its principal place of business, provided that the petition is joined by a seller of the manufacturer’s products located within that circuit.
New York v. Kennedy (2025)
Twenty attorneys general filed a lawsuit against Health and Human Services Secretary Robert Kennedy, Jr. to reverse significant cuts he made to HHS agencies.
Wages and White Lion Investments v. FDA (2021)
Wages and White Lion and Vapetasia, manufacturers of flavored e-liquids containing nicotine for use in open-system e-cigarette devices, sought but were denied market authorization from the FDA to continue to make and sell their products.
New York v. Puff Bar (2025)
New York’s attorney general filed a lawsuit against Puff Bar, Elf Bar, Geek Bar, Breeze, and several other vaping companies for illegally distributing, marketing, and selling flavored disposable vapes.
Kealani Distribution v. FDA (2022)
A manufacturer of e-liquids for use in e-cigarettes and a trade association challenged the U.S. Food and Drug Administration’s 2021 final rule governing premarket tobacco product applications (PMTAs), arguing that it violated the Regulatory Flexibility Act.