Cigar Association of America et al. v City of Philadelphia, et al.
Overview
Cigar Association of America et al. v City of Philadelphia, et al. (U.S. District Court for the Eastern District of Pennsylvania, November 13, 2020): A federal court blocked Philadelphia’s ban on the sale of flavored tobacco intended to reduce youth access to tobacco. An industry association alleged the ban was preempted by state law and sought to prevent its enforcement. The court agreed for 3 primary reasons. First, Pennsylvania state law expressly preempts local governments from passing laws related to youth tobacco access. Second, the association would suffer irreparable harm in the estimated loss of $70 million in sales, which Philadelphia’s immunity under the 11th Amendment would prevent the association from recovering. Finally, on balance, the City had no interests in enforcing an invalid law. Read the full decision here.
View all cases in the Judicial Trends in Public Health – December 1, 2020.