The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.
E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.
Cigar and pipe tobacco trade associations filed suit against the FDA, challenging the deeming rule as it applies to cigars and pipe tobacco. The suit is ongoing, but has resulted in a suspension of warning labels for cigars and pipe tobacco and the premarket review process specifically for premium cigars.
Philip Morris USA Inc. and Sherman Group Holdings, LLC v. U.S. Food and Drug Administration et al. (2020)
Industry challenges the FDA’s 2020 graphic warning label rule on First Amendment grounds.
Public health groups sued the FDA to compel the agency to require graphic warning labels on cigarette packages and advertisements. The public health groups won. FDA appealed, but dropped the appeal after it issued a new graphic warning rule in March, 2020.
E-Cigarette manufacturers and distributors challenge the deeming rule under the Administrative Procedure Act (APA) and the First Amendment.
The Tobacco Control Act’s premarket authorization pathway does not violate the APA. Additionally, neither the pre-marketing authorization requirement applicable to modified risk products nor the free sample ban violate the First Amendment.
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.
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