In a 2-1 decision, a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Family Smoking Prevention and Tobacco Control Act neither expressly nor impliedly preempts Los Angeles County’s ban on the sale of flavored tobacco products.
In a Vapor Voice posting on April 2, 2022, the Troutman Pepper Tobacco Team provided a breakdown of the Ninth Circuit’s 2-1 decision that Los Angeles County’s flavored tobacco ban is not preempted by the Family Smoking Prevention and Tobacco Control Act. Kudos to Troutman Pepper Tobacco Team associate Robert Claiborne for his work on the piece, which follows up on this blog’s previous coverage of the case here and here.