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SAN DIEGO (Legal Newsline) – Flavored tobacco products are dangerous and those who challenge their ban are putting their economic interests over teenagers’ health, San Diego County is saying in court.
The county on Aug. 3 filed a motion to dismiss the legal challenge to its ordinance that prohibits the sale of flavored tobacco products. It, like others around the country, was brought on by health problems associated with vaping.
But tobacco companies and retailers are challenging those ordinances, saying it’s unfair to prevent the sale of menthol cigarettes and flavored smokeless tobacco.
In the San Diego case, it is the Neighborhood Market Association and a vape shop – Vapin’ the 619 – who brought suit.
They “ask this Court to elevate their economic interests over the pulmonary health of all school-aged children living in in the unincorporated areas of the County,” the motion says.
The plaintiffs’ argument that the federal Family Smoking Prevention and Tobacco Control Act preempts the ordinance fails because it permits local ordinances like San Diego County’s, the motion says.
“In fact, just recently the U.S. District Court for the Central District of California upheld Los Angeles County’s ban on the sale of flavored tobacco products against nearly identical challenges to the one brought by Plaintiffs,” the motion says.
San Diego is also imposing a one-year ban on the sale of electronic smoking devices in response to health concerns.
“The CDC affirmatively disclosed that source of the recent lung-related injuries are directly related to products containing THC sold in the black market and not nicotine-based products,” the lawsuit says.
“Yet, San Diego continues to seek the prohibition of all electronic smoking devices and flavored tobacco products.”