The U.S. Supreme Court denied an emergency injunction on Monday requested by R.J. Reynolds Tobacco Company to block California's law ending the sale of most flavored tobacco products.
R.J. Reynolds Tobacco Company, and other tobacco interests, requested an emergency injunction to block the implementation of California’s law ending the sale of most flavored tobacco products, arguing is preempted by the 2009 Tobacco Control Act.
The California legislature voted to support the end of flavored tobacco with Senate Bill 793 in 2020, and voters are now affirming that decision on the ballot. The law was blocked by tobacco giants, including RJ Reynolds Tobacco Co., with a $20 million campaign to push the issue on the 2022 statewide ballot.
Voters approved Proposition 31 on the Nov.8 ballot to ban the sale of flavored tobacco products in California. The Golden State now follows Massachusetts to ban flavored tobacco products.
One day after the vote, R.J. Reynolds requested the emergency injunction to block California officials from implementing the ban planned for Dec. 21.
"Flavored tobacco products have hooked a new generation of young smokers at a time when tobacco is already the number one preventable killer in the United States," said California Attorney General Rob Bonta in a statement. "I applaud the Supreme Court for denying Big Tobacco's latest attempt to block California's commonsense ban on flavored tobacco products. The voters of California approved this ban by an overwhelming margin in the November election and now it will finally take effect”
The ban will prohibit the sale of also prohibits the sale of pods for vape pens, tank-based systems, and chewing tobacco, with exceptions made for hookahs, some cigars, and loose-leaf tobacco.
Nationally, 2 million students in middle school and high school said the most popular tobacco product they used last year was flavored e-cigarettes, according to the 2021 National Youth Tobacco Survey.
“This decision is a major victory for kids and public health and will allow this lifesaving law to take effect later this month. The decision is a rejection of desperate efforts by Reynolds and other companies to further delay the law so they can continue to target kids, Black Americans, and other communities with flavored e-cigarettes, menthol cigarettes, and flavored cigars,” said Matthew L. Myers, President, Campaign for Tobacco-Free Kids in a statement.
