Judicial Advocacy Initiative

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Tobacco Litigation

Tobacco Litigation

October 18, 2021

Supporting FDA in Marketing Denial Order

The Food and Drug Administration (FDA) issued a marketing denial order (MDO) to Triton for flavored e-cigarette products that included Jimmy the Juice Man, Strawberry Astronaut, and Chew Clouds Sour Grape, finding these products not in the interest of public health, which forces them off the mark

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September 27, 2021

Banning Menthol Cigarettes

ACS CAN supports banning menthol flavor in tobacco products as part of a comprehensive flavor ban.  Support of this ban included filing a citizens' petition at the FDA with other health groups in 2013, and supplementing that petition with updated scientific data in January of 2021.

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October 20, 2020

Defending Graphic Warnings on Cigarette Packs and Ads

ACS CAN and the American Cancer Society are helping defend the Food and Drug Administration (FDA)’s final rule requiring graphic warnings on cigarette packages and advertisements by filing amicus curiae briefs in parallel federal lawsuits challenging the rule.

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May 11, 2020

Deeming Rule Litigation

ACS CAN and other public health advocates celebrated a huge victory in the war against electronic cigarettes (e-cigarettes) on May 16. 

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October 29, 2019

ACS, ACS CAN, and Partner Groups Celebrate Victory in Lawsuit to Force FDA to Issue Rule on Graphic Warnings

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.

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November 27, 2018

Department of Justice Lawsuit Against the Tobacco Industry

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.

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August 22, 2018

Taxation of Tobacco Products and Native American Tribal Treaties

The case of Washington State Licensing Board v.

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October 31, 2017

Defending Warning Labels

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 and diabetes.

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March 27, 2017

Health Groups Urge DOJ to Recuse Tobacco Lawyers

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.

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August 19, 2014

American Meat Institute v. USDA

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.

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July 30, 2013

Providence, RI Ban on Discounts and Flavored Tobacco Products

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.

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July 18, 2013

FSPTCA Upheld in the Sixth Circuit Court of Appeals

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.

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