Litigation Tracker

Litigation is an important tool for both defending and advancing public health policy. Below you will find 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. Additionally, we have included some cases relevant to cross-cutting issues that affect public health, such as preemption and First Amendment considerations.
 
In some of the cases included here, the Public Health Law Center has supported public health goals as an amicus curiae, or friend-of-the-court, by filing briefs with relevant information that the court might wish to consider in addition to information presented by the litigants. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
 
This tool was previously known as the Amicus Briefs Database. This modified resource will reflect new content and the expansion of previous content.

Litigation Tracker

Your search returned 29 cases.

R.J. Reynolds Tobacco Company et al. v. U.S. Food and Drug Administration et al. (2020)

The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.

State: Texas
Most Recent Decision: 2020
Status: Pending

Moose Jooce, et al. v. U.S. Food and Drug Administration (2018)

E-cigarette manufacturers and retailers challenged the deeming rule under the U.S. Constitution.

State: Washington D.C.
Most Recent Decision: 2020
Status: Resolved

Cigar Association of America et al. v. U.S. Food and Drug Administration (2016)

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.

State: Washington D.C.
Most Recent Decision: 2020
Status: Pending

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. 

State: Washington D.C.
Most Recent Decision: 2020
Status: Pending

American Academy of Pediatrics v. U.S. Food & Drug Administration (2016)

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.

State: Massachusetts
Most Recent Decision: 2020
Status: Resolved

Cyclops Vapor 2, et al. v. U.S. Food and Drug Administration (2016)

E-Cigarette manufacturers and distributors challenge the deeming rule under the Administrative Procedure Act (APA) and the First Amendment.

State: Alabama
Most Recent Decision: 2020
Status: Resolved

NicoPure Labs LLC v. U.S. Food & Drug Administration (2016)

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.

State: Washington D.C.
Most Recent Decision: 2019
Status: Resolved

Larry W. Faircloth v. U.S. Food and Drug Administration (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 Decision: 2019
Status: Resolved