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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Swisher International vs US Food and Drug Administration, et al (2021)

Swisher, International (Swisher) is a manufacturer of flavored cigars and little cigars. In 2016 the U.S. Food and Drug Administration (FDA) issued the Deeming Rule, which among other products deemed cigars and little cigars to be under FDA regulatory oversight. FDA stated that the newly-deemed products could remain on shelves while manufacturers submitted their premarket tobacco product applications (PMTA).

State

Florida

Most Recent Activity

Status

Pending

Prior Lake Tobacco and Vape, Inc. v. City of Prior Lake (2021)

On April 5, 2021, the City of Prior Lake enacted an ordinance that prohibits the sale of flavored electronic delivery devices (e-cigarettes). Prior Lake Tobacco and Vape, Inc., is a vape and tobacco shop that received a license to sell tobacco products in Prior Lake in December of 2020. The business sued the City after it enacted the ordinance, alleging that the Ordinance would destroy its business and that it is unconstitutionally vague, among other things.

State

Minnesota

Most Recent Activity

Status

Pending

In Re: Juul Labs, Inc., Marketing, Sales Practices, and Products Liability Litigation

Beginning in 2017 youth consumption for electronic cigarettes significantly increased – driven in part by Juul’s marketing of flavored e-liquid pods, delivered through Juul devices which were much more portable and concealable than other ESD, and Juul’s use of social media platforms popular with youth and young people to market its products.

State

California

Most Recent Activity

Status

Pending

Fresh Farms E-Liquid, LLC v. Food and Drug Administration (2021)

On September 3 and Sept 5, 2020, Fresh Farms submitted 22 Premarket Tobacco Product Applications (PMTA) to the U.S. Food and Drug Administration (FDA). On January 4, 2021, FDA issued a Refuse-to-Accept (RTA) action against Fresh Farms’ PMTAs. Fresh Farms challenged the administrative decision on February 3, 2021, in the 9th Circuit.

State

California

Most Recent Activity

Status

Pending

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 Activity

Status

Pending