Philadelphia Tobacco Flavor Ban to Stay on Hold During Challenge

Tobacco companies may continue to sell flavored products in Philadelphia while a legal challenge to a ban plays out because members of the industry are likely to win their argument that Pennsylvania state law preempts the municipal ordinance, the Third Circuit ruled Wednesday.

And the companies that sued the city—ITG Cigars Inc., Swedish Match North America LLC, and Swisher International Inc.—adequately showed the trial court that they would likely suffer irreparable harm without a preliminary injunction, Judge David J. Porter said for the appeals court in an unpublished opinion. A cigar trade association was also among the challengers.

The ...