Democracy Forward represents six leading public health organizations – 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 – in their attempt to defend public health regulations against two federal lawsuits brought by the tobacco industry.
The lawsuits – Cigar Association of America v. Food and Drug Administration (FDA) and Cyclops Vapor 2, LLC v. FDA – seek to overturn a public health rule that empowered the FDA to regulate e-cigarettes, cigars, and other previously unregulated tobacco products. Our clients sought to intervene to defend the rule because the Trump administration had indicated that it would abandon important public health protections. The public health groups have so far filed three amicus briefs on the matter.
The protections stem from the Family Smoking Prevention and Tobacco Control Act, a 2009 law banning flavored cigarettes and cigarette advertising practices that target minors. The landmark law also gave the FDA authority to regulate other tobacco products, like e-cigarettes and cigars, but only after the agency “deemed” them subject to regulation. Until then, the tobacco industry was free to target kids — and that’s exactly what they did. Companies designed thousands of candy- and fruit-flavored e-cigarette and cigar products with kid-friendly names like “Unicorn Milk,” “I Love Donuts,” and “Wild Rush.” As a result, cigar-smoking became at least as prevalent among youth as cigarettes and the percentage of high school students smoking e-cigarettes grew by nearly 800% between 2011 and 2014, making e-cigarettes the most widely used tobacco product among youth.
FDA responded by conducting a comprehensive five-year review, resulting in a rule “deeming” e-cigarettes and cigars subject to regulation. Industry lobbyists have sought to reverse that rule both in and out of court, forcing our clients to step in to defend it. In a win for public health, federal courts have rejected most of the tobacco industry’s arguments and kept much of the “deeming rule” intact, ensuring e-cigarettes and most cigars are subject to regulation.
In the news
CNBC / March 27, 2018
In the news
The Hill / July 24, 2017
- Motion to Intervene As Filed (07/24/17) (pdf / 219 KB)
- Amicus Brief As Filed (10/31/17) (pdf / 777 KB)
- American Academy of Pediatrics et al. Amicus Brief as filed (7/26/19) (pdf / 298 KB)
- Plaintiffs’ Motion on Count X Denied (10/18/19) (pdf / 193 KB)
- Public Health Organizations Amicus Brief as filed (2/10/20) (pdf / 2 MB)
- MEMORANDUM OPINION AND ORDER (8/19/20) (pdf / 373 KB)