Supreme Court Refuses To Block California’s Ban On Flavored Tobacco

Supreme Court Refuses To Block California’s Ban On Flavored Tobacco

The Supreme Court turned down a tobacco industry appeal on Monday to prevent California from enforcing a ban on flavoured tobacco products that voters overwhelmingly supported in November. To prevent the ban from going into effect by December 21st, R.J. Reynolds and other tobacco corporations asked the top court to get involved. The justices made no more remarks and no dissents were reported.

The state legislature had approved the ban two years ago, but it was never put into force after the tobacco industry amassed sufficient signatures to place it on the ballot. However, almost two-thirds of voters supported outlawing the sale of anything from menthol cigarettes to cotton-candy vape juice.

Supporters of the ban claim that the rule was required to stem the alarming increase in teen smoking. The day after the election on November 8, R.J. Reynolds filed a federal lawsuit, but lower courts refused to stay the law in limbo while the action was pending. See more in the article.

Menthol Cigarettes Make 1/3rd of the Market Share

menthol cigraettes

According to the corporations, menthol cigarettes account for almost one third of the market in California. They asked the Supreme Court to prevent them from losing so much revenue in the state that is the most populous in the United States. They maintained that the Food and Drug Administration (FDA), which is part of the federal government, has the authority to prohibit flavoured products.

In response, California stated that federal law makes it clear that state and local governments have the authority to decide which kind of tobacco products can be marketed inside their respective jurisdictions. In addition, the state pointed out that the businesses only appealed to the highest court after having spent “tens of millions of dollars” in an unsuccessful effort to change voters’ minds at the polls.

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Ban of Flavored Tobacco

banned of flavor tobacco

After Massachusetts, California will become the second state in the union to approve legislation outlawing the sale of any tobacco product with flavouring. Flavored vaping goods are prohibited in various states and several Californian cities, like Los Angeles and San Diego, have already passed their own restrictions. The corporations fighting Los Angeles have an appeal pending at the supreme court, but so far no legal challenges to those prohibitions have succeeded.

Retailers are already prohibited from selling cigarettes to anyone under the age of 21. However, proponents of the prohibition claimed that minors could still easily buy flavoured cigarettes and vaping cartridges. Although the restriction does not make it illegal to own such devices, businesses who sell them risk a $250 punishment. With the exception of hookahs, select cigars, and loose-leaf tobacco, the ban also forbids the sale of flavoured tobacco for vape pens, tank-based systems, and chewing tobacco in addition to menthol and other flavoured cigarettes.

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Manufacture Argued To State Law

manufacture appeal to state

The manufacturer of menthol cigarettes claimed that the federal Tobacco Control Act, which gives the Food and Drug Administration the power to control cigarette sales, conflicts with the state statute. The prohibition is scheduled to take effect on December 21. According to the tobacco business, without the Supreme Court’s intervention, it would be impossible to sell its menthol cigarettes, which account for around one-third of the market, in one of the biggest marketplaces in the country.

On November 4, 2022, in the early morning hours, Washington, DC, features the US Supreme Court. Another challenge against Biden’s student loan forgiveness scheme will be heard by the Supreme Court, but the programme will remain prohibited. Voters in California adopted the ballot proposal by a 63.5% to 36.5% margin in November. A flavoured tobacco product or a tobacco product flavour enhancer may not be sold, offered for sale, or possessed with the intent to do so, according to SB 793.

R.J. Reynolds’ legal team claimed that the lower court erred by allowing states to “totally prohibit” the sale of flavoured tobacco products due to their failure to adhere to “tobacco product standards” and “neglect” federal law.

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State of Law Reject The Appeal

In a letter on Monday, Supreme Court Justice Elena Kagan, who oversees urgent cases from the 9th Circuit, declined the request and said the subject had been forwarded to the full court. Other justices’ dissents were not stated. The 9th Circuit Court of Appeals had previously rejected a similar request from the tobacco companies, finding that states could continue to regulate tobacco products in spite of federal laws giving the Food and Drug Administration regulatory authority.

This rejection came before the Supreme Court’s decision. More than 60% of Californians voted “Yes” in November on a tobacco industry-backed ballot initiative that asked whether the prohibition on non-tobacco tastes including vanilla, fruit, and mint should be upheld. 2020 saw the passage of a law by the California state assembly outlawing the majority of flavoured tobacco products. The statute was suspended, though, while the state-wide vote was being held because it was eligible for a referendum. When the state verifies the election results later this month, the law will go into effect. For more information visit- TrendingWork


  • Hrithik Fernandez

    Hrithik Fernandez Here, I moved from Srilanka and now am a resident of United States. I am currently an editor and have been in the teaching field for many years. I love meeting new people and getting to know them on a personal level. My skills include data science and I am a hard worker.


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