Massachusetts – State Attorneys General Blog

October 31, 2024October 31, 2024 by Karen Lehmann Alexander

Multistate Coalition of AGs Files Amicus Brief in Support of the Affordable Care Act’s Preventive Care Mandate

On October 21, 2024, a multistate coalition of 24 attorneys general filed an amicus brief before the U.S. Supreme Court in support of the Affordable Care Act’s preventive care mandate. The challenged mandate requires private insurers to cover an array of preventive services (such as cancer screening, tobacco cessation, contraception, and immunizations) at no cost to consumers.

The case, Xavier Becerra vs. Braidwood Management, Inc., et al., involves a challenge to the U.S. Preventive Services Task Force, which sits within the Public Health Service of the Department of Health and Human Services (HHS), and was instructed by Congress to issue recommendations for preventive medical services that, under the preventive services provision, health insurance issuers and group health plans must cover without imposing additional out-of-pocket expenses on patients.

In June 2024, the Fifth Circuit partially upheld a March 2023 ruling from a Texas district court and determined that the structure of the U.S. Preventive Services Task Force violates the Appointments Clause because its members are principal officers of the United States who must be (but are not) nominated by the President and confirmed by the Senate. On that basis, it affirmed an injunction prohibiting the federal government from enforcing the preventive services provision against respondents.

Currently, the Supreme Court is considering whether to hear the case. The attorneys’ general amicus brief urged the Supreme Court to grant certiorari and make clear that the Task Force’s structure is constitutional and that the preventive services provision can be enforced. The brief was filed by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

A copy of the brief may be found here.

September 25, 2024September 25, 2024 by Karen Lehmann Alexander

Multistate Coalition of AGs Supports FDA’s Denial of Marketing Authorization for Flavored Vape Products

On September 3, 2024, a multistate coalition of 20 attorneys general filed an amicus brief before the U.S. Supreme Court in support of a decision by the U.S. Food and Drug Administration (FDA) to deny companies the ability to market and sell certain flavored e-cigarette products across state lines.

The amicus brief emphasized what the attorneys general described as the “serious health risks” of flavored e-cigarettes (particularly for youth), and argued that the FDA’s statutory authority over the introduction of new tobacco products into interstate commerce is a crucial complement to state and local regulation of flavored e-cigarettes. The attorneys general explained that while states have adopted a variety of measures to restrict sales of flavored e-cigarettes, these products continue to flow through interstate commerce, necessitating continued FDA oversight.

The case is Food and Drug Administration v. Wages and White Lion Investments, LLC, dba Triton Distribution, et al., and arises from a lawsuit filed by companies challenging the FDA’s denial of their applications to market and sell flavored e-cigarette products across state lines. In January 2024, the Fifth Circuit Court of Appeals ruled in favor of the applicants’ challenge. The attorneys general encourage the Supreme Court to reverse that decision.

The amicus brief was filed by the attorneys general for Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. A copy of the brief may be found here.

August 21, 2024 by Daniel R. Walworth

Massachusetts Attorney General Reaches $600 Million Settlement with Tobacco Companies

On August 12, 2024, the Massachusetts Attorney General’s Office, announced that it had reached a settlement for in excess of $600 million with tobacco manufacturers. The settlement resolves several years’ worth of disputes between the Attorney General’s Office and tobacco manufacturers concerning annual payments arising from a 1998 Master Settlement Agreement (MSA). That 1998 MSA required tobacco manufacturers to make annual payments to address the public health effects from smoking and the marketing of tobacco products. The $600 million settlement resolves disputes in arbitration about amounts withheld from those annual payments to states. In announcing the settlement, the AGO emphasized that it is “part of the AGO’s ongoing efforts to improve public health.”