Synopsis
On April 5, 2021, the City of Prior Lake, Minnesota enacted an ordinance prohibiting the sale of flavored e-cigarettes. Prior Lake Tobacco and Vape is a vape and tobacco shop that received a license to sell tobacco products in Prior Lake in December of 2020. After the city enacted the ordinance, the business sued the city, claiming, among other things, that the ordinance would destroy its business and that it was unconstitutionally vague. The court was unpersuaded and dismissed all counts of the complaint in December of 2021.
Why It Matters for Public Health
This case is yet another challenge to local policies limiting the sale of flavored commercial tobacco products. The ordinance at issue is not comprehensive in that it does not restrict the sale of all flavored tobacco products, but it does restrict the sale of flavored e-cigarettes—products favored by youth. Although the tobacco industry has challenged these types of ordinances in several local jurisdictions, courts have continued to uphold the laws.
Background
The vape shop bringing this challenge applied for a license to sell tobacco products, which was considered at a city council meeting on November 16, 2020. At the public meeting where the application was presented to the city council, public commenters advocated for denying the license and recommended that the city adopt a moratorium on the sale of flavored vaping products. On December 7, the city chose to grant the license but simultaneously adopted a moratorium on businesses selling flavored vaping products. On February 16, 2021, the city council held a public hearing relating to a permanent ban on the sale of flavored vaping products. Based on record evidence and public testimony, the city council determined that it was appropriate to impose a total ban. On April 5, 2021, the council adopted the city ordinance prohibiting the sale of flavored vaping products.
Proceedings
Prior Lake Tobacco and Vape filed its complaint on August 12, 2021, in Scott County, Minnesota. The complaint alleged that:
- The ordinance singles out Prior Lake Tobacco and Vape;
- There is no rational basis for adopting the ordinance because it is not related to a legitimate government interest;
- The ordinance is void for vagueness because the definition of “flavored” products in the ordinance relies on subjective consumer standards;
- The ordinance singles out and punishes the vape shop as the only one in the city and thus constitutes an unlawful bill of attainder; and
- The ordinance constitutes an unconstitutional regulatory “taking” by making unlawful the sale of most of the shop’s products.
On December 16, the court dismissed the case, upholding the constitutionality of the city ordinance. Because the plaintiffs had failed to allege any facts that could plausibly suggest an entitlement to relief, the court dismissed the case with prejudice. As a result, the case cannot be refiled.
Litigation Status (Closed)
On December 16, 2021, all counts alleged in the complaint were dismissed. The case cannot be appealed.