No. 20-2852.

60 F.4th 1170 (2023)

R. J. REYNOLDS TOBACCO COMPANY; R.J. Reynolds Vapor Company; American Snuff Company, LLC; Santa Fe Natural Tobacco Company, Inc.; Cousins II, Inc., doing business as Vernon BP; Lang's Automotive Service, Inc., doing business as Lang's One Stop Market, Plaintiffs-Appellants v. CITY OF EDINA; Edina City Council; Scott Neal, in his official capacity as City Manager of the City of Edina, Defendants-Appellees Public Health Law Center; Action on Smoking and Health; African American Tobacco Control Leadership Council; American Cancer Society Action Network; American Heart Association; American Lung Association; American Medical Association; American Public Health Association; American Thoracic Society; Americans for Nonsmokers' Rights; Asian Pacific Partners for Empowerment, Advocacy and Leadership; Association for Nonsmokers-Minnesota; Blue Cross and Blue Shield of Minnesota; Campaign for Tobacco-Free Kids; Center for Black Health and Equity; ChangeLab Solutions; ClearWay; Massachusetts Association of Health Boards; Minnesota Medical Association; National LGBT Cancer Network; National Native Network; Parents Against Vaping e-cigarettes; Public Health Advocacy Institute; Public Health and Tobacco Policy Center; Truth Initiative, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Noel J. Francisco , of Washington, DC. The following attorneys appeared on the appellant brief; Ryan Jeffrey Watson , of Washington, DC., Lisa Louise Beane , of Minneapolis, MN., Christian George Vergonis , of Washington, DC., and Andrew J. M. Bentz , of Washington, DC.

Counsel who presented argument on behalf of the appellee and appeared on the brief was David S. Kendall , of Eagan, MN. The following attorney also appeared on the appellee brief; Shana Nicole Conklin , of Minneapolis, MN.

Before COLLOTON, WOLLMAN, and KOBES, Circuit Judges.

The City of Edina, Minnesota passed an ordinance banning the sale of flavored tobacco products. R.J. Reynolds Tobacco Company sued the City, arguing that the Ordinance is preempted by the Family Smoking Prevention and Tobacco Control Act. The district court1 granted the City's motion to dismiss, and Reynolds appealed...

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