State of Ohio v. Central Tobacco

NACA filed an amicus brief in support of the Ohio Attorney General’s attempt to hold a tobacco retail store liable under the State of Ohio’s consumer protection statute for selling products that the FDA did not approve. An Ohio appellate court held that Ohio’s consumer protection statute was preempted by the federal Food, Drug, and Cosmetic Act (FDCA). NACA’s amicus brief argues that Ohio’s consumer protection statute does not, in fact, conflict with the FDCA and that the Ohio Supreme Court should not prevent states from enforcing state laws that reference federal law.