“The U.S. Court of Appeals for the Third Circuit will review a preliminary injunction against Philadelphia’s enforcement of an ordinance banning the sale of certain flavored tobacco products. The U.S. Court of Appeals for the Third Circuit will have the opportunity to decide in Cigar Association of America, et al. v. City of Philadelphia, et al., No. 20-3519 (3d Cir.), appealed from, No. 2:20-cv-03220 (E.D. Pa. Nov. 13, 2020). In granting the preliminary injunction, Judge Pratter held that the plaintiffs were likely to succeed on their claim that a Pennsylvania statute, 53 Pa. C.S. § 301, preempts the Ordinance. Philadelphia filed a notice of appeal on December 11, 2020, and the case is now before the Third Circuit.”
BILL TARLING — Since it is the Cigar Association of American that garnered the Flavor Ban injunction, they will most likely be seeking exemption from the ban for cigars, not other tobacco products, nor for e-liquid vape products
ARTICLE LINK: Philadelphia Appeals Preliminary Injunction Against Flavor Ban
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