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.
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Displaying 41 - 50 of 99

Faircloth v. FDA (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 Activity

Status

Closed

Hoban v. FDA (2018)

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

State

Washington D.C.

Most Recent Activity

Status

Closed

Rave Salon v. FDA (2018)

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

State

Texas

Most Recent Activity

Status

Closed

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