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Civil Litigation

Mar. 31, 2021

No preemption in tobacco ban, judge says

San Diego County ordinance banning sale of flavored tobacco products does not preempt federal authority by setting manufacturing standards or regulating ingredients, U.S. judge says.

A federal judge rejected a motion for preliminary injunction that challenged San Diego County's ban on flavored tobacco products, finding that the ordinances did not preempt federal authority because it only involves sales and distribution, not manufacturing standards.

RJ Reynolds and other tobacco manufacturers last year challenged two San Diego County tobacco ordinances. One permanently prohibited the sale of flavored products, and another banned elect...

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