On April 5, 2021, the City of Prior Lake enacted an ordinance that prohibits the sale of flavored electronic delivery devices (e-cigarettes). Prior Lake Tobacco and Vape, Inc., is a vape and tobacco shop that received a license to sell tobacco products in Prior Lake in December of 2020. The business sued the City after it enacted the ordinance, alleging that the Ordinance would destroy its business and that it is unconstitutionally vague, among other things.

Tobacco companies are challenging California’s statewide ban on the sale of flavored tobacco products.

Tobacco industry challenges San Diego’s flavored tobacco product ordinance, arguing that the ordinance is expressly and impliedly preempted by the Tobacco Control Act.

The State of Texas legally challenges ordinances in Austin and Travis County mandating mask coverings in an effort to combat the coronavirus.

Plaintiffs challenge the Department of Health and Human Services’ recently finalized SUNSET rule amending all department regulations (subject to limited exceptions) with expiration provisions and review protocols.

Cigar trade associations challenge Philadelphia flavored tobacco sales restriction on state-level preemption and Constitutional grounds.

The tobacco industry challenges the FDA’s graphic warning label rule on First Amendment grounds.

Industry challenges a local flavored tobacco product ordinance adopted by the City of Edina, Minnesota, arguing that the ordinance is preempted by the Tobacco Control Act.

Tobacco Industry challenges the County of Los Angeles’ flavored tobacco product sales restriction, arguing the ordinance is expressly and impliedly preempted by federal law.

On September 3 and Sept 5, 2020, Fresh Farms submitted 22 Premarket Tobacco Product Applications (PMTA) to the U.S. Food and Drug Administration (FDA). On January 4, 2021, FDA issued a Refuse-to-Accept (RTA) action against Fresh Farms’ PMTAs. Fresh Farms challenged the administrative decision on February 3, 2021, in the 9th Circuit.

E-cigarette industry trade association and smoke shop challenges the County of Los Angeles’ flavored tobacco product ordinance, arguing that the ordinance is preempted by federal law and is unconstitutionally vague.

Industry challenges the FDA’s 2020 graphic warning label rule on First Amendment grounds.

Industry trade association challenges City of Palmdale’s flavored tobacco product sales restriction, arguing that the ordinance is expressly and impliedly preempted by federal law.