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HOLT'S CIGAR CO. v. CITY OF PHILADELPHIA

Nos. 27 EAP 2009, 28 EAP 2009.

10 A.3d 902 (2011)

HOLT'S CIGAR COMPANY, INC., Black Cat Cigar Company, Altadis USA, Inc., Swisher International, Inc., John Middleton, Inc., Cigar Association of America, Inc., and Pennsylvania Distributors Association, Inc., Appellees and Cross-Appellants v. The CITY OF PHILADELPHIA and Robert D. Solvibile, in his Official Capacity as Acting Commissioner of the Department of Licenses and Inspections of the City of Philadelphia, Appellants and Cross-Appellees.

Supreme Court of Pennsylvania.

Decided January 19, 2011.

Attorney(s) appearing for the Case

John S. Summers , John Stephen Stapleton , Mark Alan Aronchick , Matthew Aaron Hamermesh , Hangley Aronchick Segal & Pudlin, P.C., for Holt's Cigar Co., Black Cat Cigar Co., Altadis USA, Inc., Swisher Intern., Inc., John Middleton Inc., Cigar Assn. of America Inc. and Pennsylvania Distributors Assn., Inc.

Jane Lovitch Istvan , City of Philadelphia Law Dept., Richard Feder, for City of Philadelphia and Robert D. Solvibile.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

The issue presented in this case is whether a municipal ordinance regulating the sale of certain tobacco items and other potential drug paraphernalia is preempted by state law. We conclude that the ordinance is inconsistent with the Controlled Substance, Drug, Device and Cosmetic Act, and, accordingly, is preempted.

On January 23, 2007, the Philadelphia City Council enacted...

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