Current Status of Deeming Litigation

The FDA’s deeming regulation is being challenged in multiple courts around the country. This is the current status of each case.

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.

For a more expanded description of how this litigation has proceeded so far, check out Lawsuits Related to the 2016 Deeming Rule.

Last Updated: 11/12/2019

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