Another challenge from the cigar industry has been filed against the FDA’s Deeming Regulations. Among the plaintiffs are a premium cigar retailer/lounge, a premium cigar manufacturer, and a non-profit association comprised of premium cigar manufacturers and retailers. The case is En Fuego Tobacco Shop LLC, et al. v. U.S. Food & Drug Administration, et al., No. 4:18-cv-00028 (E.D. Tex.). Continue Reading Deeming Regulations Litigation Update–New Challenge Filed on Behalf of Premium Cigar Plaintiffs
A series of challenges to the Deeming Regulations has recently been filed by several vapor-product manufacturers, retailers, and a non-profit supporting the industry. These are constitutional challenges, advanced with representation from the Pacific Legal Foundation (“PLF”). The cases are Rave Salon, Inc. v. Gottlieb, et al., No. 3:18-cv-237 (N.D. Tex.); Hoban, et al. v. Food & Drug Administration, et al., No. 0:18-cv-269 (D. Minn.); Moose Jooce, et al. v. Food & Drug Administration, et al., No. 1:18-cv-203 (D.D.C.). Continue Reading Deeming Regulations Litigation Update–New Challenges Filed on Behalf of Vapor Plaintiffs
A case currently pending before the U.S. Court of Appeals for the D.C. Circuit challenges the applicability of the federal Contraband Cigarette Trafficking Act (“CCTA”) to tribal entities. The case is Ho-Chunk, Inc. v. Sessions. Continue Reading Federal Appellate Court to Consider Applicability of CCTA to Indian Tribes
In a nearly 250-page Memorandum Opinion and Order, the Honorable James O. Browning of the U.S. District Court for the District of New Mexico has granted in part and denied in part a Motion to Dismiss filed by Defendants Santa Fe Natural Tobacco Co., Reynolds American, Inc., and R.J. Reynolds Tobacco Co. The case is In re Santa Fe Natural Tobacco Co. Marketing & Sales Practices Litigation, No. 1:16-md-02695 (D.N.M.).
By way of background, this multidistrict litigation involves class actions filed by Plaintiffs across various states and under those various states’ respective laws, all directed toward the use of certain descriptors in Natural American Spirit (“NAS”) cigarettes’ packaging, labeling, and advertising. Continue Reading In Case over Cigarette’s “Natural,” “Organic,” and “Additive-Free” Descriptors, Some Claims Dismissed but Most Will Proceed
In the cross-appeals of a $246,975,614 judgment won by New York State and New York City, amici curiae have filed briefs in support of the United Parcel Service, Inc., (“UPS”). The case is New York v. UPS, Nos. 17-1993, -2107, -2111 (2d Cir.). Continue Reading Amici Curiae Come to UPS’s Aid in Appeals over Cigarette Deliveries
Further briefing and deliberation are expected on a Motion to Intervene filed by several anti-tobacco advocacy and health groups in Nicopure Labs, LLC, v. FDA, No. 17-5196 (D.C. Cir.). The would-be intervenors include the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids, and the Truth Initiative. Continue Reading Deeming Regulations Litigation Update — Merits Panel to Take Up Intervention Question in D.C. Circuit Appeal, Further Briefing Expected
In the cigar industry’s challenge to the FDA’s Deeming Regulations, there has been a flurry of activity in anticipation of oral argument on the parties’ cross- motions. The case is Cigar Association of America, et al. v. FDA, et al., No. 1:16-cv-01460 (D.D.C.). Continue Reading Deeming Regulations Litigation Update — Recent Filings in Run-Up to December 14 Oral Argument on Cigar Industry’s Challenge
Recent filings in the cigar industry’s challenge to the FDA’s Deeming Regulations involve outside support and opposition. The case is Cigar Association of America v. FDA, No. 1:16-cv-01460 (D.D.C.).
After Plaintiffs in the cigar-industry challenge to the Deeming Regulations filed a Motion for Preliminary Injunction and a Motion for Partial Summary Judgment on October 3, 2017, filings of amici curiae have come on their side. Meanwhile, the Court has denied a Motion to Intervene filed by several anti-tobacco advocacy and public-health groups. Continue Reading Deeming Regulations Litigation Update — State and Nonprofit Amici Support Cigar Challenge, Anti-Tobacco Intervention Disallowed
Activity on Motions for Summary Judgment seems to suggest different paths ahead for remaining trial litigation in Deeming Regulations challenges. This activity comes after delays owing to the need for new leadership in the Department of Health and Human Services to review the cases and, more recently, for the existing plaintiffs and defendants to reconsider the claims in light of the FDA’s July 28, 2017, announcement of a new comprehensive plan for focusing its regulatory efforts regarding nicotine. The cases are Cigar Association of America v. FDA, No. 1:16-cv-01460 (D.D.C.), and Cyclops Vapor 2, LLC v. FDA, No. 2:16-cv-00556 (M.D. Ala.). Continue Reading Deeming Regulations Litigation Update — Activity on Motions for Summary Judgment
Expect about a year’s worth of new anti-tobacco messaging on television and in the newspaper as the result of a recent Consent Motion in United States v. Philip Morris USA Inc., et al., No. 1:99-cv-02496 (D.D.C.).
Over eighteen years ago, on September 22, 1999, the federal government filed this case under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act. The trial court eventually found for the federal government in 2006, ordering (among other remedies) that Defendants issue “Corrective Statements” regarding previous representations as to their products. Continue Reading Anti-Tobacco Messaging Could Hit Airwaves and Print Soon, Depending on Court’s Entry of Order