A shop that sells vaping products is suing the city of Moorhead over an ordinance passed last fall banning the sale of flavored vaping products.
The suit filed by Northland Vapor Co. claims the ordinance violates the Minnesota Constitution because it is not rationally related to a legitimate government goal; it is too vague; and it constitutes an improper government “taking.”
The company is seeking an injunction to keep the law from going into effect or being enforced by the city, or, in the alternative, that the city compensate the business for a regulatory taking.
In October, the Moorhead City Council voted 7-1 to ban all flavored tobacco products, as well as flavored vaping products, from licensed stores in the city starting Jan. 1.
The ordinance also brought the city into compliance with federal law by raising the legal age to buy tobacco products from 18 to 21.
A Clay County District Court judge in December imposed a stay that prevents the ordinance from being enforced until the company’s request for an injunction is heard, which could happen in March.
Dave Olson – Inforum – 2022-01-25.
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