Civil Litigation,
9th U.S. Circuit Court of Appeals
Oct. 20, 2021
Panel seems divided over ban on flavored tobacco products
R.J. Reynolds and two other companies argue a 2019 Los Angeles County ordinance is preempted by the Family Smoking Prevention and Tobacco Control Act of 2009.
An attorney for tobacco companies asked a 9th U.S. Circuit Court of Appeals panel to overturn a Los Angeles County ordinance banning flavored products on the grounds it is preempted by federal law.
The panel seemed divided on the question, with Judge Ryan D. Nelson, an appointee of President Donald Trump, appearing to side with a lawyer for R.J. Reynolds Tobacco Company that the county couldn't ban flavored tobacco outright.
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