AATCLC v. DHHS (2024)
Public health groups sued the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration over their failure to prohibit the sale of menthol cigarettes.
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.
R.J. Reynolds v. FDA (2020)
The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.
R.J. Reynolds v. Bonta (2022)
On November 8, 2022, California voters approved a measure to prohibit the sale of flavored tobacco products, including e-liquids, in the state, with exceptions for flavored shisha used in hookah, premium cigars, and loose leaf tobacco. R.J. Reynolds and other tobacco industry entities filed suit on November 10, 2022 seeking an injunction and declaratory relief against the measure. On December 12, 2022, the Supreme Court denied the suit.
Wages and White Lion Investments v. FDA (2021)
Wages and White Lion and Vapetasia, manufacturers of flavored e-liquids containing nicotine for use in open-system e-cigarette devices, sought but were denied market authorization from the FDA to continue to make and sell their products.
Cigar Association of America v. FDA (2016)
Cigar and pipe tobacco trade associations filed suit against the FDA, challenging its decision to deem premium cigars and pipe tobacco subject to the agency’s regulatory authority under the Family Smoking Prevention and Tobacco Control Act.
State of Minnesota v. Juul Labs, Inc. (2019)
December 4, 2019, Minnesota Attorney General Keith Ellison filed a lawsuit suing e-cigarette manufacturer JUUL Labs, Inc. The lawsuit, filed in Hennepin County District Court, allege that JUUL violated multiple state consumer-protection laws, breached its duty of reasonable care, and created a public nuisance.
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.
R.J. Reynolds v. Bonta (2023)
R.J. Reynolds challenges Attorney General Rob Bonta’s determination that four of its new products violate California’s flavor ban, S.B. 793.
R.J. Reynolds v. City of Edina (2020)
The tobacco industry challenged a local flavored tobacco product ordinance adopted by the City of Edina, Minnesota, arguing that the ordinance is preempted by the Family Smoking Prevention and Tobacco Control Act.
R.J. Reynolds v. County of San Diego (2020)
The tobacco industry challenged San Diego’s flavored tobacco product ordinance, arguing that the ordinance is expressly and impliedly preempted by the Tobacco Control Act.