The city of Moorhead has reached a settlement with Northland Vapor Company that delays enforcement on its ban on selling flavored tobacco products. Originally slated to begin Jan. 1, the ordinance now will take effect Aug. 1.

Filed on the final day of 2021, Northland’s suit had claimed the city’s action violated the Minnesota Constitution on grounds that it was not “rationally related to legitimate government goal,” that it was too vague, and it constituted “an improper government taking.” The company asked for either an injunction to prevent the law being enforced by the city or compensation for lost business.

Brad Erpelding previously stated sales of flavored products in Moorhead, his largest store, account for 55% of its volume. He has three more stores, one in Bemidji and two in Fargo.

Another element of the law passed by the council – raising the legal age for tobacco sales from 18 to 21 – did take effect as planned on Jan. 1 and remains in effect. It was enacted to comply with federal legislation uniformly raising the age from coast to coast.