A panel of judges honed in on whether Los Angeles County’s ordinance banning the sale of flavored tobacco is preempted by the federal Tobacco Control Act during oral arguments before the U.S. Court of Appeals for the Ninth Circuit on Tuesday.

Former Trump-appointed solicitor general and current Jones Day attorney Noel Francisco represented tobacco giants R.J. Reynolds Co., American Snuff Co. and Santa Fe Natural Tobacco Co., which sued the county after it passed an ordinance last year banning flavored tobacco products, such as menthol cigarettes, e-cigarettes and smokeless products. The companies argue the federal Family Smoking Prevention and Tobacco Control Act passed in 2009 doesn’t give local governments the authority to impose such a ban.

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