John,

The U.S. Supreme Court began its 2024-2025 term this week, and we're preparing to go toe-to-toe against the tobacco industry in the highest court in the land – potentially in two critical cases.
The Supreme Court is already considering whether certain kid-friendly flavored e-cigarettes can stay on the market ( FDA v. Triton Distribution ). But it may also decide whether graphic health warnings will finally be required on cigarette packs in the United States.

In both cases, our legal team is helping fight the tobacco industry every step of the way.

Read on for a brief summary of the cases. But first...

We need you!

Help ensure we have the resources to win by becoming a monthly donor today [link removed]

Your sustained support will help us:
• Work with policymakers and our partners to support the FDA's position in these cases
• Rally youth, parents, and other citizens to make sure the Court hears as many concerned voices as possible
• Educate the media and the public on the importance of these cases to protecting kids and public health

ABOUT FDA V. TRITON DISTRIBUTION

The FDA ordered e-cigarette marketer Triton Distribution to stop selling products with flavors that obviously appeal to kids – flavors like “Jimmy the Juice Man Peachy Strawberry,” “Suicide Bunny Mother’s Milk and Cookies” and "Killer Kustard Blueberry.”

Triton then filed a lawsuit against the FDA in the Fifth Circuit Court of Appeals, known for decisions that aren't friendly to public health. The Campaign for Tobacco-Free Kids helped the FDA fight Triton in court.

But the Fifth Circuit sided with Triton.

Now, the Supreme Court has taken up the case [[link removed]], and we're working to ensure it overturns the Fifth Circuit's misguided decision [[link removed]]. If left to stand, it would cause great harm to public health and it would undermine the FDA’s efforts to protect children from nicotine-loaded, candy-flavored e-cigarettes.

ABOUT THE GRAPHIC WARNINGS CASE

In 2009, Congress passed a law mandating large, graphic health warnings on cigarette packs, using strong images and text to convey smoking's devastating health effects. Since then, Big Tobacco's army of lawyers has filed lawsuit after lawsuit and managed to delay implementation.

In 2020, the FDA tried once more and issued new regulations to implement the graphic warnings.

Big Tobacco sued again. This time, the Fifth Circuit ruled against the industry and upheld the graphic warnings [[link removed]]. Now, Big Tobacco has appealed to the Supreme Court.

We will continue to help defend the FDA’s proposed warnings if the Supreme Court accepts the case.

Graphic warnings are considered a "best practice" for reducing tobacco use [[link removed]], and the U.S. has fallen behind 138 countries [[link removed]] that require them. It's time for the U.S. to catch up in implementing these lifesaving warnings.

As our legal team gears up to continue these important battles, support from advocates like you is critical to our success.

Donate today to support our work fighting the tobacco industry in court: [link removed]

Thanks for standing with us,

Denny Henigan
Vice President, Legal and Regulatory Affairs

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