Credit: eldarnurkovic/Adobe Stock Eighth Circuit Agrees City Ordinance Banning Sale of Flavored Tobacco Products Is Not Preempted by Tobacco Control Act
In a per curiam opinion, the Eighth Circuit affirmed a district court decision upholding a Minnesota suburb's ordinance banning the sale…
April 20, 2023 at 09:35 AM
8 minute read
In a per curiam opinion, the Eighth Circuit affirmed a district court decision upholding a Minnesota suburb's ordinance banning the sale of flavored tobacco products. Tobacco company R.J. Reynolds sued the City of Edina after the city passed the ordinance in 2020, arguing that the federal Family Smoking Prevention and Tobacco Control Act preempted the city law. The Eighth Circuit recently rejected Reynolds's express preemption claims—under not only one rationale, but two alternative theories—and easily disregarded the appellant's implied preemption arguments, as explained in R.J. Reynolds Tobacco Company v. City of Edina, 60 F.4th 1170 (8th Cir. 2023).
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