R.J. REYNOLDS TOBACCO COMPANY; American Snuff Company; Santa Fe Natural Tobacco Company, Inc., Plaintiffs-Appellants,
v.
COUNTY OF LOS ANGELES; County of Los Angeles Board of Supervisors; Hilda L. Solis; Mark Ridley-thomas; Sheila Kuehl; Janice Hahn; Kathryn Barger, each in his or her official capacity as a member of the Board of Supervisors, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 19, 2021 Pasadena, California.
Jordan Raphael , Byron Raphael LLP, Los Angeles, California; Dennis A. Henigan , Campaign for Tobacco-Free Kids, Washington, D.C.; for Amici Curiae Public Health and Medical Organizations.
Rachel Bloomekatz , Columbus, Ohio, for Amici Curiae Public Health Law Center, Action on Smoking and Health, California State Association of Counties, ChangeLab Solutions, International City/County Management Association, International Municipal Lawyers Association, Legal Resource Center for Public Health Policy, National Association of Counties, National League of Cities, Public Health Advocacy Institute, and U.S. Conference of Mayors.
Dissent by Judge Nelson
OPINION
VANDYKE, Circuit Judge:
I. INTRODUCTION
Until just over a decade ago, tobacco products were regulated almost exclusively by the states and local governments, with little federal involvement. Then beginning in the late 1990's, the U.S. Food and Drug Administration first sought to exert federal regulatory authority over...
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