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Government,
Civil Litigation,
9th U.S. Circuit Court of Appeals

Mar. 21, 2022

LA County can ban flavored tobacco, 9th Circuit rules

9th Circuit Judge Lawrence VanDyke, writing for the majority, said, “Properly understood, the [Family Smoking Prevention and Tobacco Control Act]’s preemption clause does not preclude nonfederal sales regulations such as the county’s sales ban challenged in this case.”

A divided 9th U.S. Circuit Court of Appeals panel on Friday affirmed Los Angeles County's ban on flavored tobacco products, ruling against an industry argument that the ordinance was preempted by federal law.

Circuit Judge Lawrence VanDyke, writing for the majority, sided with the county.

"Properly understood, the [Family Smoking Prevention and Tobac...

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