Tobacco Litigation

Tobacco Litigation
Please click on a topic for more information about recent tobacco cases:

Price Discounting Restriction: National Association of Tobacco Outlets, Inc. v. New York City 

Tobacco Product Sales and Price Discounting Regulation: National Association of Tobacco Outlets, Inc. v. Providence

Tobacco Product Sales Restriction: Independents Gas & Service Stations Associations, Inc., v. Chicago

FDA Deeming Rule: Various cases

FDA Regulation of TobaccoDiscount Tobacco & Lottery v. U.S.

FDA Graphic WarningsRJ. Reynolds v. F.D.A.; American Academy of Pediatrics, et al. v. F.D.A.

Collecting Cigarette Taxes from Native American Retailers:  Cayuga Indian Nation/Seneca Nation

False Marketing and Advertising: Colgate et. al v. JUUL Labs, Inc.

Flavored Tobacco Regulation: U.S. Smokeless Tobacco Mfg. Co. v. New York City 

Tobacco Retail Licensing Fees:  Long Island Gasoline Retailers Ass’n v. Paterson

Point of Sale Health Warnings:  23-94th St. Grocery Corp. v. New York City Board of Health 

Prevent All Cigarette Trafficking (PACT) Act Challenge:  Red Earth LLC v. New York City 

Racketeer Influenced and Corrupt Organizations Act [RICO]: United States v. Phillip Morris

Cigarette Trafficking:   New York City & New York State v. Federal Ground  Package System Inc. and Federal Express Corp.; New York City & New York State v. United Parcel Service, Inc.

As part of the Tobacco Control Legal Consortium, the Center has supported amicus briefs filed on specific questions of law in various tobacco cases:

Earl E. Graham v. R. J. Reynolds Tobacco Company (U.S. Ct. of Appeals for the 11th Circuit) (2015)
Whether the Panel’s preemption analysis accurately interpreted Congressional intent when it omitted consideration of the Family Smoking Prevention and Tobacco Control Act’s preservation and savings clauses, leading to the conclusion that any state regulation banning sales of tobacco product is subject to implied preemption.

U.S. Food & Drug Administration v. Lorillard, Inc., No. 14-5226 (U.S. Ct. Appeals for D.C. Circuit 2015)
Whether the district court erred in holding that three of the world’s foremost authorities on nicotine addiction should be disqualified altogether from the U.S. Food and Drug Administration’s Tobacco Products Scientific Advisory Committee because of purported conflicts of interest and that the FDA should be barred from using a March 2011 report on menthol cigarettes issued by this committee.

National Association of Tobacco Outlets, Inc., et al., v. City of New York (U.S. District Ct., So. District of N.Y. 2014)
Whether New York City’s law prohibiting tobacco product price discounts violates the First Amendment and is preempted by federal law.

American Meat Institute v. United States Department of Agriculture (U.S. District Ct., D.C. 2014)
What standard of First Amendment review applies to compelled disclosures of factual information that the government requires for reasons other than consumer deception?

23-34 94th St. Grocery Corp. v N.Y.C. Board of Health (U.S. Ct. of Appeals for 2d Cir. 2011)
Whether Congress’s intent in enacting the Federal Cigarette Labeling and Advertising Act’s preemption provision was to protect tobacco companies from “diverse, nonuniform, and confusing cigarette labeling and advertising regulations,” rather than to bar public health messaging that does not place any requirements on tobacco companies.

National Association of Tobacco Outlets v. City of Providence (U.S. Ct. of Appeals for the 1st Circuit) (2013)
Whether Providence’s Pricing Ordinance which regulates retailer use of discount tobacco coupons and multipack discounts in tobacco sales, infringes on freedom of speech rights guaranteed by the First Amendment.

R.J. Reynolds Tobacco Co. v. U.S. Food and Drug Administration (2011)
Whether the district court was correct in granting a preliminary injunction against enforcement of graphic warnings on cigarette packages, required by the Family Smoking Prevention and Tobacco Control Act, which illustrate well-documented consequences of smoking in an easy-to-understand and memorable way, thus raising public awareness of the risks of smoking and promoting public health by reducing tobacco use.