GATES Files Amicus Brief

What is an amicus brief?

An amicus brief (or amicus curiae) is an individual or organisation that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion.

Global Action CEO Cliff Douglas commented: “The FDA's current all-or-nothing regulatory approach to e-cigarettes and other reduced-risk products is impeding desperately needed progress in accelerating the end of the smoking epidemic, which causes the premature deaths of one out of two long-term users and nearly one of every five deaths each year in the United States.

“There is now significant scientific evidence that e-cigarettes are often more effective than nicotine replacement medicines at enabling adult smokers to stop lethal combustible tobacco use and reduce their risk. We want to ensure our nation’s high court understands the highly restrictive approach taken by the FDA to new reduced-harm products violates the public health intent of Congress. We must do everything we can to protect youth from exposure to nicotine, while making reduced-risk options available to adult smokers. The FDA is failing millions of adults who continue to suffer from cigarette addiction and cannot or will not stop smoking by other means.”

Douglas is an attorney who has spent his 36-year career dedicated to eradicating death and disease related to smoking by promoting science-based policies and education and seeking accountability for tobacco industry misconduct in courts of law. In addition to serving as counsel in several landmark lawsuits against the cigarette industry, he has served as an advisor to the U.S. Surgeon General and U.S. Assistant Secretary for Health and as the national vice president for tobacco control for the American Cancer Society. Over the course of his career, he has also led numerous efforts to protect children against predatory industry practices.

Click here to review Global Action’s amicus brief, which was submitted in furtherance of Global Action’s charitable mission and part of its Cessation Education initiative, aimed at improving understanding of nicotine and the relative risk of different tobacco and nicotine products among members of the public, health professionals, and other stakeholders.

Global Action, an independent nonprofit organisation dedicated to ending combustible tobacco use, is represented by Carter G. Phillips, one of the most experienced Supreme Court and appellate lawyers in the country, and his team at the firm Sidley Austin LLP. 

Carter G. Phillips added: “We are proud to present the Court with Global Action’s expert analysis on these critical life-and-death questions. It is clear that the FDA should exercise its regulatory authority to account for the serious real-world consequences for millions of smokers who depend on the agency for accurate guidance and support.”

Dave Cross

Journalist at POTV

View Articles

Dave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous start-ups to develop content for their websites.