April 19, 2024
A number of flavored e-cigarettes. Courtesy San Diegans vs. Huge Tobacco

The U.S. Supreme Courtroom on Monday declined to listen to R.J. Reynolds Tobacco Firm‘s problem to a voter-approved measure in California that banned flavored tobacco merchandise.

The justices rejected an attraction by R.J. Reynolds, a unit of British American Tobacco, and different plaintiffs of a decrease court docket’s ruling holding that California’s regulation didn’t battle with a federal statute regulating tobacco merchandise.

Gov. Gavin Newsom in 2020 signed into regulation a ban on all flavored tobacco merchandise — together with menthol cigarettes and cotton candy-flavored vaping merchandise — in response to considerations a few rise in e-cigarette and tobacco use by youngsters.

The ban’s implementation was delayed after a tobacco trade coalition gathered sufficient signatures to place to voters a poll measure that may block California from changing into the biggest state to ban flavored tobacco product gross sales. However almost two-thirds of voters casting ballots on the measure referred to as Proposition 31 accredited the gross sales ban in November 2022.

The regulation made California the second state to ban all flavored tobacco product gross sales after Massachusetts in 2019. A number of different states have restricted flavored vaping merchandise and a number of other municipalities have adopted their very own bans.

The U.S. Meals and Drug Administration in 2020 banned all flavors besides tobacco and menthol in Juul and different cartridge-based e-cigarettes. In 2022, the FDA sought to ban gross sales of all Juul e-cigarettes, although it later put the order on maintain.

Past vaping, the FDA in April 2022 proposed banning menthol cigarettes and flavored cigars. These guidelines have but to be finalized and have been the topic of lobbying by tobacco teams.

A day after the California vote, R.J. Reynolds together with a gaggle representing tobacco retailers, the Neighborhood Market Affiliation, and a vape store, filed a lawsuit arguing the federal Tobacco Management Act, which the FDA enforces, preempts state and native legal guidelines that bar flavored tobacco product gross sales.

However a federal choose dominated these arguments have been foreclosed by an earlier choice by the San Francisco-based ninth U.S. Circuit Courtroom of Appeals upholding the same ban in Los Angeles County.

The ninth Circuit upheld the choose’s ruling on California’s regulation in June, after the U.S. Supreme Courtroom earlier in 2023 declined to listen to an attraction of the Los Angeles ruling.

R.J. Reynolds had beforehand unsuccessfully requested the U.S. Supreme Courtroom to stop the California regulation from taking impact whereas it pursued its appeals. The justices rejected that request in December 2022.