DWAGFYS Manufacturing, Inc. v. City of TopekaAnnotate this Case
The Supreme Court reversed the judgment of the district court issuing a permanent injunction preventing enforcement of an ordinance passed by the City of Topeka making it unlawful for any person to sell cigarettes, electronic cigarettes, tobacco products or liquid nicotine to any person under twenty-one years of age or for any person to buy such items for any person under twenty-one years of age, holding that the ordinance is not preempted and does not conflict with the Kansas Cigarette and Tobacco Products Act, Kan. Stat. Ann. 79-3301 et seq.
Specifically, the Supreme Court held (1) the ordinance is a constitutionally valid exercise of the City's home rule power under article 12, section 5 of the Kansas Constitution; and (2) the Act does not preempt cities from regulating tobacco products, and the ordinance does not conflict with the Act by imposing greater restrictions.