TOBACCO CONTROL LAWS

Flue-Cured Tobacco Cooperative Stabilization Corp. v. U.S. Environmental Protection Agency

A group of tobacco companies, growers, marketers, and dealers challenged the issuance of a report by the U.S. Environmental Protection Agency (EPA) classifying environmental tobacco smoke as a known human carcinogen. The court ruled that the lawsuit against the EPA could continue because the EPA report constituted a final agency action, which was reviewable by the court. The court said that a ruling on the claim by tobacco companies that the EPA had violated their right to due process should be deferred until later in the case when more facts have been presented.

Flue-Cured Tobacco Co-op. Stabilization Corp. v. U.S. E.P.A., 857 F. Supp. 1137 (M.D.N.C. 1994).

  • United States
  • Jul 20, 1994
  • U.S. District Court, Middle District of North Carolina
View Case History Download Document

Parties

Plaintiff

  • Flue-Cured Tobacco Cooperative Stabilization Corporation
  • Gallins Vending Company
  • Philip Morris Incorporated
  • R.J. Reynolds Tobacco Company
  • The Council for Burley Tobacco, Inc.
  • Universal Leaf Tobacco Company, Inc.

Defendant

  • Carol Browner, Administrator, Environmental Protection Agency
  • United States Environmental Protection Agency

Legislation Cited

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.

Type of Tobacco Product

None

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