Case, Court, and Docket

Plaintiff(s)

Status

Involvement of Public Health Groups

Next Important Date

NicoPure v. FDA

Court of Appeals for the D.C. Circuit

(17-05196)

E-cigarette manufacturers and trade groups

FDA rule upheld by district court, appeal pending

Amicus Curiae brief filed in district court and court of appeals

Unknown: Oral arguments were held on 9/11/18. A decision is forthcoming.

Cigar Association of America v. FDA

Court of Appeals for the D.C. Circuit

(18-05195)

Trade associations for retailers and manufacturers of cigars and pipe tobacco

FDA rule partially upheld and partially struck down, appeal pending

Motion to intervene denied; Amicus Curiae brief filed in district court and court of appeals.

Unknown: Oral arguments were held on 10/24/19. A decision is forthcoming.

Cigar Association of America v. FDA

U.S. District Court for the District of Columbia

(1:16-cv-1460)

(Cigar Association Plaintiffs)

Trade associations for retailers and manufacturers of cigars and pipe tobacco

Open

Amicus Curiae brief filed in district court, participated in oral arguments.

12/6/19: Plaintiffs motion for summary judgment is due.

Cigar Association of America v. FDA

U.S. District Court for the District of Columbia

(1:16-cv-1460)

(En Fuego Plaintiffs)

Trade associations for retailers and manufacturers of cigars and pipe tobacco

Open

Amicus Curiae brief filed in district court.

Unknown: Oral arguments on cross-motions for summary judgment were heard on September 10, 2019.

Jooce v. FDA

U.S. District Court for D.C.

(1:18-cv-00203)

E-cigarette manufacturers and retailers

Open

None so far

Unknown: Oral arguments on cross-motions for summary judgment were held on 10/22/19.

Vapor Technology Association v. FDA

Eastern District of Kentucky

(5:19-cv-00330)

E-cigarette manufacturer and trade association

Open

None so far

11/25/19: The FDA’s reply in support of its motions to transfer and dismiss are due

Big Time Vapes v. FDA

Southern District of Mississippi

(1:19-cv-00531)

E-cigarette manufacturer and trade association

Open

None so far

Unknown: The court has not yet ruled on the plaintiffs motion for a preliminary injunction.

Sanchez Icaza v. FDA

U.S. District Court for the Southern District of FL

(1:16-cv-21967)

Cigar manufacturer and its proprietor

Administratively closed

None so far

Unknown: The court granted a joint motion to stay the proceedings indefinitely as a result of the FDA’s new regulatory plan (the parties may move to reopen the case).

Cyclops Vapor 2 v. FDA

U.S. District Court for the Middle District of AL

(2:16-cv-00556)

Manufacturers and distributors of e-cigarette devices and liquid nicotine

Stayed pending the outcome of NicoPure v. FDA

Motion to intervene granted

Unknown: This case has been stayed until NicoPure v. FDA has been decided.