HEALTH GROUPS FILE SECOND LAWSUIT AGAINST THE US FDA
SAN FRANCISCO, April 2, 2024 /PRNewswire/ -- The African American Tobacco Control Leadership Council (AATCLC), Action on Smoking and Health (ASH), and the National Medical Association (NMA), represented by Christopher Leung of Leung Law PLLC, have filed a second lawsuit against the U.S. Food and Drug Administration (FDA) in the Northern District of California for the agency's inaction on issuing a final rule banning menthol cigarettes. This lawsuit comes more than seven months after the FDA's initial date for finalizing the new rule and follows the FDA's 15-year delay in equitable policymaking.
- The initial complaint sought to compel the FDA to act on its earlier conclusions that removing menthol cigarettes from the marketplace would benefit public health.
- The joint lawsuit followed the 2013 Citizen Petition from the Public Health Law Center which called on the FDA to prohibit the sale of menthol cigarettes.
- "We're extremely disappointed to be forced to file this second lawsuit against the FDA in support of protecting Americans from menthol cigarettes," said Laurent Huber, Executive Director of Action on Smoking and Health.
- As a result of the Plaintiffs' first lawsuit, the FDA made the landmark determination to add menthol to the list of banned characterizing flavors in cigarettes.