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. 


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


Plaintiff Philip Morris USA Inc.


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

Third Party

  • Cigar Association of America, Inc.

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product