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.
Public Health Topics
Displaying 41 - 50 of 96

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.

State

California

Most Recent Activity

Status

Closed

Abdella v. Town of Johnston (2019)

The legal issue in this case is whether the Town of Johnston, Rhode Island, has the authority to enact an ordinance that removes flavored tobacco products from general stores and requires that they be sold in vape shops or smoking bans, and that prohibits tobacco retailers from accepting coupons or providing discounts for any tobacco product.

State

Rhode Island

Most Recent Activity

Status

Closed

Kahn v. Town of Middleton (2018)

The legal issue in this case is whether the Town of Middletown, Rhode Island, has the authority to enact science-based public health laws to protect its residents – particularly its youth – from addiction to tobacco products and the toll of tobacco-related disease and death.

State

Rhode Island

Most Recent Activity

Status

Open

K & W Automotive v. Barrington (2018)

The legal issue in this case is whether the Town of Barrington, Rhode Island, has the authority to enact science-based public health laws to protect its residents – particularly its youth – from addiction to tobacco products and the toll of tobacco-related disease and death.

State

Rhode Island

Most Recent Activity

Status

Closed

Williams v. City of Philadelphia (2017)

The legal issue in this case is whether the City of Philadelphia has the authority to implement a tax on soda and sugary drinks, levied on distributors of the products.

State

Pennsylvania

Most Recent Activity

Status

Open

En Fuego Tobacco Shop v. FDA (2018)

Cigar retailers, manufacturers, and trade association challenged the deeming rule under the First Amendment and the Administrative Procedure Act (APA).

State

Texas

Most Recent Activity

Status

Open

State of New York v. United Parcel Service (2018)

The legal issue in this case is whether the District Court’s civil penalty against UPS for illegally transporting hundreds of thousands of cartons of untaxed cigarettes from Indian reservation retailers to non-tribal members in the State of New York is constitutional, well within the court’s discretion, and consistent with the harm to public health caused by UPS’s violations.

State

New York

Most Recent Activity

Status

Closed

National Institute of Family & Life Advocates v. Becerra (2018)

The legal issue in this case is whether the government has substantial latitude, and is entitled to deferential review, in regulating false and misleading commercial and professional speech within an industry, and in protecting the public from deceptive marketing and the purveying of misinformation by service providers.

State

California

Most Recent Activity

Status

Closed

American Beverage Association v. City and County of San Francisco (2016)

The legal issue in this case is whether San Francisco's ordinance requiring a health warning on advertisements of sugar-sweetened beverages (SSBs) violates the First Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

State

California

Most Recent Activity

Status

Closed

Icaza v. FDA (2016)

A cigar manufacturer challenged the FDA’s deeming rule under the Administrative Procedure Act (APA) as well as the First and Fifth Amendments of the U.S. Constitution.

State

Florida

Most Recent Activity

Status

Closed