R.J. Reynolds Tobacco Co. v. Los Angeles
R.J. Reynolds Tobacco Co. v. Los Angeles (U.S. Court of Appeals, 9th Circuit, Mar. 18, 2022): The Ninth Circuit held that a Los Angeles ban on menthol cigarette and other flavored tobacco product sales is valid because the Family Smoking Prevention and Tobacco Control Act (TCA), a federal law, allows it. Tobacco companies challenged the L.A. ban, arguing that it was completely preempted, or blocked, by federal regulations. However, the court upheld the L.A. ban. The court noted that the TCA “carefully balances” federal, state, local, and tribal powers by “carving out the federal government’s sole authority to establish the standards for tobacco products,” preserving local authorities to regulate the sale of tobacco products. The TCA therefore allows local authorities to regulate tobacco product sales, including imposing bans on select products. Read the full decision here.
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