Tobacco Litigation

Tobacco Litigation

December 4, 2018

The Family Smoking Prevention and Tobacco Control Act (TCA) – signed into law by President Obama in 2009 - granted the U.S. Food and Drug Administration (FDA) authority to regulate the manufacture, marketing, and sale of tobacco products. Prior to the law, tobacco products were largely unregulated outside of required warning labels and limited restrictions on advertising.

November 27, 2018

After the massive Master Settlement Agreement (MSA) between states and the tobacco industry regarding fraud associated with the sale and marketing of cigarettes, the US Department of Justice (DOJ) decided to file a similar lawsuit against the tobacco industry.

October 23, 2018

On September 5, 2018, a federal judge ruled in favor of ACS, ACS CAN and other public health groups that the Food and Drug Administration (FDA) must expedite a rule requiring graphic warnings on cigarette packages and advertisements.

August 22, 2018

The case of Washington State Licensing Board v.

October 31, 2017

San Francisco passed an ordinance requiring advertisers of sugar-sweetened beverages to place a warning on specific types of advertisements stating that the product "contributes" to obesity, diabetes, and tooth decay.

March 27, 2017

ACS CAN and other tobacco control groups urged the US Attorney General to ensure that attorneys who worked for the tobacco industry and have now moved to the Department of Justice observe conflict of interest standards and recuse those lawyers from government litigation in related cases.

August 19, 2014

The United States Court of Appeals for the District of Columbia Circuit (the ‰ÛÏDC Circuit‰Û) will be deciding an important case regarding the authority government agencies have to require accurate disclosures on foods and other regulated products, such as tobacco.

July 30, 2013

The City of Providence passed new tobacco control ordinances in 2012. These ordinances moved tobacco control forward in two different ways: 1) the "price ordinance" bans all licensed vendors of tobacco products from accepting or redeeming any coupons that result in a discounted tobacco price; and 2) the "flavor ordinance" bans the sale of any flavored tobacco products except for menthol outside of a tobacco bar.

July 18, 2013

A number of marketing and advertising limitations in the new law are currently being challenged in court. The tobacco industry filed suit in August of 2009 claiming that certain marketing and advertising restrictions in FSPTCA violate their constitutional right to free speech.

May 2, 2013

In June 2011, the FDA published a final rule including nine textual and graphic warnings it would require under the FSPTCA on 50% of the front and back of every cigarette pack. These images included a diseased lung, a cadaver bearing chest staples on an autopsy table and other similar pictures, along with textual warnings such as ‰WARNING: Cigarettes cause cancer.‰

April 10, 2013

The New York City Board of Health adopted measures requiring visible and vivid warnings about the dangers of tobacco use at the point of sale of tobacco products, and calling on consumers to quit smoking immediately with contact information on cessation services.

April 10, 2013

The PACT Act seeks to ensure federal, state and local tax collection on internet sales of tobacco products, and to help ensure that minors cannot purchase tobacco over the internet. The plaintiff in this case wants to stop the collection of these taxes.