"A plausible reading of the TCA allows state prohibitions, even 'blanket' prohibitions, on the sale of flavored tobacco products. And because the TCA implicates state police powers, we must accept the interpretation that disfavors preemption. If Congress wants to preempt these types of state rules, it should do so more clearly. We conclude that the TCA does not expressly preempt the Ordinance."
R.J. Reynolds Tobacco Co. v. City of Edina
R.J. Reynolds Tobacco Company et al. v. City of Edina et al., No. 20-2852 (8th Cir. 2023).
- United States
- Feb 27, 2023
- U.S. Court of Appeals for the Eighth Circuit
R.J. Reynolds Tobacco Company sued the City of Edina after an ordinance was passed banning the sale of flavored tobacco products. The company argued that the ordinance is preempted by the Family Smoking Prevention and Tobacco Control Act. The court found that the ordinance is not preempted as the Act allows state sales prohibitions, even “blanket” prohibitions on the sale of flavored products, and does not conflict with federal law. The court affirmed the decision of the district court to dismiss the motion.
Tobacco-Free Kids joined an amicus brief arguing that state and local bans on the sale of flavored tobacco products constitute sales restrictions, not preempted product standards