Minn. City Has Right To Ban Flavored Cigs, 8th Circ. Told

Law360 (December 3, 2020, 6:54 PM EST) -- More than two dozen nonprofit health groups have urged the Eighth Circuit to uphold a Minnesota city's ban on flavored tobacco products, saying a lower court rightly rejected R.J. Reynolds' claims that the measure usurped the federal government's regulatory powers.

Though it didn't affect the outcome of the case, the nonprofits also want the Eighth Circuit to toss what it said was an unusual ruling by the trial court: that the flavor ban amounts to a "product standard" under federal tobacco laws. That designation would've doomed the rule if it hadn't been rescued by another clause of the Tobacco Control Act....

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