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 51 - 60 of 99

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

RPF Oil v. Genesee County (2017)

The legal issue in this case is whether a preliminary injunction against Genesee County’s Tobacco 21 Regulation would deprive county residents, particularly young people, of the demonstrable public health benefits of prohibiting the sale of tobacco products to persons under 21 years of age.

State

Michigan

Most Recent Activity

Status

Closed

Public Citizen v. Trump (2017)

The legal issue in this case is whether Executive Order 13771 threatens to block, weaken, or delay critical public health protections in contravention of congressional intent, jeopardizing progress in public health seen since Congress established the U.S. Food and Drug Administration in the early 20th century.

State

Washington D.C.

Most Recent Activity

Status

Closed

Graham v. R.J. Reynolds (2016)

The legal issue in this case is whether the Panel’s preemption analysis accurately interpreted Congressional intent when it omitted consideration of the Family Smoking Prevention and Tobacco Control Act’s preservation and savings clauses, leading to the conclusion that any state regulation banning sales of tobacco product is subject to implied preemption.

State

Florida

Most Recent Activity

Status

Open

Expressions Hair Design v. Schneiderman (2016)

The legal issue in this case is whether state credit card no-surcharge laws unconstitutionally restrict speech conveying price information (as the Eleventh Circuit has held), or regulate economic conduct (as the Second and Fifth Circuits have held).

State

New York

Most Recent Activity

Status

Open

National Restaurant Association v. New York City Department of Health & Mental Hygiene (2016)

The legal issue in this case is whether New York City’s sodium warning rule is a scientifically controversial, arbitrary and capricious, constitutionally invalid measure preempted by federal law, or whether the sodium warning is a scientifically sound, legally well-grounded measure representing a reasonable response to a public health crisis.

State

New York

Most Recent Activity

Status

Open

Philip Morris v. FDA (2015)

The tobacco industry successfully challenged an FDA guidance document that changed the way that the agency administers the premarket review process.

State

Washington D.C.

Most Recent Activity

Status

Open

Lorillard v. FDA (2011)

Lorillard Inc. and R.J. Reynolds challenged the composition of the Tobacco Products Scientific Advisory Committee (TPSAC). The court determined that the challenge to TPSAC’s report on menthol was not ripe for judicial review.

State

Washington D.C.

Most Recent Activity

Status

Closed