Latest on Menthol Litigation.
Friday, November 19, 2021
Posted by: Bailey Varey
Latest on Menthol Litigation.
On September 2, 2021, the Public Health Law Center filed a motion to participate as an amicus curiae opposing the FDA's second motion to dismiss the case. The government opposed our motion. Although their proposed amicus brief was declined a formal review by the court, they have posted it on our site, because of its detailed chronicling of the FDA’s numerous promises to act on menthol in the past—none of which ever resulted in a final rule or even a proposed rule—and the background it provides of other FDA tobacco control regulatory efforts where the FDA stated its intent to pursue rulemaking but ultimately failed to follow through on its promised action. The FDA has filed a motion to dismiss the lawsuit and a hearing on the motion is scheduled to take place on November 18, 2021.
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