African American Tobacco Control Leadership Council v. United States Department of Health and Human Services
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AFRICAN AMERICAN TOBACCO Case No. 20-cv-04012-KAW CONTROL LEADERSHIP COUNCIL, et 8 al.,
ORDER HOLDING DEFENDANTS’
9 Plaintiffs, SECOND MOTION TO DISMISS IN
ABEYANCE
10 v. Re: Dkt. No. 53 11 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et 12 al., 13 Defendants.
14 15 On June 9, 2021, Defendants filed the instant motion to dismiss the case as moot. (Defs.’ 16 Mot. to Dismiss, Dkt. No. 53.) Specifically, on April 12, 2013, Plaintiffs submitted a citizen 17 petition to the Food and Drug Administration (“FDA”), requesting that the FDA add menthol to 18 the Tobacco Control Act’s flavor ban. (See Second Amended Compl. (“SAC”) ¶¶ 28, 111.) On 19 April 29, 2021 -- after the filing of this litigation -- the FDA granted the citizen petition. (SAC ¶ 20 28.) That same day, the FDA stated its intent to publish a notice of proposed rulemaking within a 21 year. Press Release, FDA, FDA Commits to Evidence-Based Actions Aimed at Saving Lives and 22 Preventing Future…