TOBACCO CONTROL LAWS

Philip Morris USA v. Vilsack

Tobacco manufacturers and importers challenged the methodology in which the Food and Drug Administration calculated taxes under the Fair and Equitable Tobacco Reform Act (FETRA). Both parties sought summary judgment. The court upheld the FDA's method of levying taxes because it was not arbitrary nor unreasonable. 

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Philip Morris USA, Inc. v. Vilsack, No. 3:11CV87-HRH (E.D. Va. 2012).

  • United States
  • Oct 9, 2012
  • United States District Court for the Eastern District of Virginia
View Case History

Parties

Plaintiff Philip Morris USA Inc.

Defendant

  • Thomas Vilsack, Secretary of Agriculture
  • United States Department of Agriculture

Third Party

  • Cigar Association of America, Inc.

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

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)

Substantive Issues

Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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