Attorney David Kendall of Campbell Knutson, P.A., appeared on behalf of the City of Edina before the United States Court of Appeals for the Eighth Circuit in the matter of R.J. Reynolds Tobacco Company v. City of Edina. In June of 2020, the City of Edina, Minnesota took a leadership role in combating the youth vaping crisis by passing an ordinance banning the sale of flavored tobacco products in the City. The ordinance prohibited the sale of tobacco vaping products with fruit and candy flavors, which are attractive to youth. This ordinance was carefully crafted in order to protect the City’s youngest residents from the dangers of tobacco products while also complying with federal law. A multinational tobacco product manufacturing company sued the City, arguing that the ordinance was preempted by the federal Family Smoking Prevention and Tobacco Control Act. The district court granted the City’s motion to dismiss, and the tobacco company appealed to the Eighth Circuit. The Eighth Circuit also found in favor of the City, holding that the Tobacco Control Act does not expressly or impliedly preempt the City’s prohibition on selling flavored tobacco products. The appellate court upheld the City’s ordinance and affirmed the district court’s dismissal of the tobacco company’s lawsuit. David Kendall and the Campbell Knutson firm are proud to have represented the City in this matter, wherein the court affirmed the traditional authority of local government to protect the health, safety and welfare of the public.
