April 2015

In March, the American Thoracic Society, the Campaign for Tobacco Free Kids and several other medical and public health organizations filed an amicus brief in the appeal of Lorillard v. FDA urging the appeals court to overturn the ruling that removed 3 preeminent scientists from the FDA Tobacco Product Scientific Advisory Committee (TPSAC).

In the case Lorillard v. FDA, tobacco giant Lorillard sued FDA claiming that three members of TPSAC had conflicts of interest and should be barred from serving on the advisory panel. Lorillard was unhappy with a report issued by TPSAC that documented the known adverse health effects associated with using menthol-flavored tobacco products.

Circuit Court Justice Leon agreed with Lorillard and found that FDA erred in allowing three tobacco control experts to serve on the FDA Tobacco Products Scientific Advisory Committee. In his decision, Justice Leon determined that FDA had failed to comply with the Federal Advisory Committee Act – federal law to ensure open and unbiased operations of federal advisory panels – by allowing three tobacco control experts to serve on the TPSAC.

The FDA has appealed the decision.

The amicus brief submitted by ATS and colleague organizations notes many of the factual errors and legal misinterpretations Judge Leon used to reach his decision. The amicus urges the appeals court to overturn Judge Leon's decision.