Edina celebrates victory in federal appeals court in flavored tobacco case

The city of Edina is touting its efforts to curb vaping among teenagers about three years after passing a ban on flavored tobacco.

Edina's flavored tobacco sales ban — approved in June 2020 and enacted the following September — was upheld by the U.S. Eighth District Court of Appeals on Feb. 27. The ban was challenged by R.J. Reynolds and two local convenience stores, who argued Edina's actions were overbroad and violated the Tobacco Control Act's preemption clause.

The court sided with Edina.

"Edina beats big tobacco: That's the bottom line," said Edina Mayor James Hovland at a City Council meeting this past week. "People are paying attention all over the country."

Edina attorney David Kendall said flavored tobacco products, including those with fruit and candy flavors, are specifically "target marketed" toward younger users, rather than older smokers who have been using tobacco and nicotine for many years.

"There's a problem with youth vaping that hasn't been fully addressed by the federal government," Kendall said. "It could take many years for action to happen."

More than 25% of middle and high schoolers frequently used vape products in 2022. Nearly 85% of these users used flavored e-cigarettes, according to the U.S. Food and Drug Administration.

The Edina case is one of several suits that R.J. Reynolds filed against state and city laws regulating tobacco sales and distribution. The U.S. Supreme Court recently declined to hear a challenge to a Los Angeles County ban on flavored tobacco products. And in December it let a California ban on flavored tobacco go into effect.

The appeals court's decision "makes our community a safer, healthier place and clears the way for other communities to pass these ordinances," said Scott Neal, Edina's city manager.