State AG Action on Electronic Cigarettes Impliedly Preempted

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing an Ohio appellate decision in State ex rel. Yost v. Central Tobacco & Stuff, which affirmed dismissal of a state attorney general consumer protection action over e‑cigarette sales on implied preemption grounds. The court concluded the claims were predicated on alleged Federal Food, Drug, and Cosmetic Act (FDCA) violations – matters reserved to U.S. Food and Drug Administration (FDA) enforcement – rather than independent state law requirements, citing Buckman and the U.S. Court of Appeals for the Sixth Circuit's decision in Loreto v. Procter & Gamble Co., which held that claims that would not exist absent the FDCA are impliedly preempted. Mr. Alexander outlines how the ruling aligns with broader preemption principles for FDA‑regulated products and why its reasoning applies regardless of whether the litigant is public or private.

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