Philip Morris v. FDA (2020)
The tobacco industry challenged the FDA’s 2020 graphic warning label rule on First Amendment grounds.
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.
R.J. Reynolds v. County of San Diego (2020)
The tobacco industry challenged San Diego’s flavored tobacco product ordinance, arguing that the ordinance is expressly and impliedly preempted by the Tobacco Control Act.
R.J. Reynolds v. County of Los Angeles (2020)
Tobacco Industry challenges the County of Los Angeles’ flavored tobacco product sales restriction, arguing the ordinance is expressly and impliedly preempted by federal law.
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.
Bidi Vapor v. FDA (2022)
Bidi Vapor, Diamond Vapor, Johnny Copper, Vapor Unlimited, Union Street Brands, and Pop Vapor manufactured flavored nicotine-containing e-liquids for use in e-cigarette devices. They sought market authorization from the US Food and Drug Administration (FDA) to continue to make and sell their products.
Prohibition Juice v. FDA (2022)
Prohibition Juice and other petitioners whose cases were consolidated with this one manufactured flavored e-liquids containing nicotine for use in open-system e-cigarette devices. They sought market authorization from the FDA to continue to make and sell their products.
African American Tobacco Control Leadership Council v. FDA (2020)
Public health groups sued the FDA over its failure to prohibit the sale of menthol cigarettes.
Swisher International v. FDA (2021)
Swisher International is a manufacturer of flavored cigars and little cigars. In 2016, the FDA issued the Deeming Rule, which deemed cigars and little cigars among other products to be under the FDA’s regulatory oversight. The FDA stated that the newly deemed products could remain on shelves while manufacturers submitted their premarket tobacco product applications. Swisher filed a complaint seeking a preliminary injunction against enforcement of the FDA’s Deeming Rule.
Cigar Association of America v. City of Philadelphia (2020)
Cigar trade associations challenge Philadelphia’s flavored tobacco sales restriction on state-level preemption as well as constitutional grounds.
Prior Lake Tobacco and Vape v. City of Prior Lake (2021)
On April 5, 2021, Prior Lake enacted an ordinance that prohibits the sale of flavored e-cigarettes. Prior Lake Tobacco and Vape is a vape and tobacco shop that received a license to sell tobacco products in Prior Lake in December of 2020. The business sued the city after it enacted the ordinance, alleging among other things that the ordinance would destroy its business and that it is unconstitutionally vague.