Tobacco company, convenience stores sue Edina over tobacco ban

A tobacco company and two convenience stores are suing the city of Edina over a recent ban on some tobacco products, deeming the city's ordinance "one of the most draconian" in the nation.

R.J. Reynolds Tobacco Co. and other plaintiffs allege the ordinance banning menthol-flavored vapor products and other nonvapor products is an "overbroad reaction to legitimate public-health concerns" about youth vaping that bars even adults from buying the products.

"The City's Ordinance ... bans sales to adult tobacco consumers and, moreover, indiscriminately extends the ban to every conceivable flavored tobacco product," reads the lawsuit filed in Minnesota District Court on Wednesday.

All involved plaintiffs either manufacture or sell tobacco products. The list of plaintiffs includes two Edina convenience stores: Lang's One Stop Market and a BP gas station on Vernon Avenue.

An Edina city spokeswoman declined to comment, citing the active lawsuit.

The Reynolds company has strict standards to only market to those 21 and older, the lawsuit states. And it has compliance policies for retailers who sell its products that are meant to prevent youth purchases.

Reynolds and other plaintiffs argue the tobacco ban goes beyond U.S. Food and Drug Administration regulations and that it is also pre-empted by federal law.

The plaintiffs want the court to declare Edina's ordinance "invalid and unenforceable."

"This categorical ban is unjustified," the lawsuit states. "The City has no legitimate interest in enforcing its unconstitutional law."

Ryan Faircloth