Swisher, Cigar Makers Halt Philadelphia Ban on Flavored Tobacco

Nov. 16, 2020, 4:32 PM

Swisher International and other cigar and tobacco product makers won a freeze on a Philadelphia ordinance barring the sale of flavored tobacco products after the Eastern District of Pennsylvania found state law preempts the measure.

The Legislature expressly stated that the state law, entitled “Sale of Tobacco Products,” preempts any local ordinance “concerning its subject matter,” the court said.

And because the majority of the state law focuses on the sale of tobacco to youth specifically, its subject matter is “youth access to tobacco,” the same issue the city’s ordinance seeks to address, the U.S. District Court for the Eastern ...

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