Tobacco companies led by RJ Reynolds are suing the state of California over a flavored tobacco ban that was passed in a referendum vote and expected to come into effect on December 21.
A day after Californian referendum voters passed Proposition 31, effectively a ban on flavored tobacco including flavored vape tanks and menthol cigarettes, R.J. Reynolds and other tobacco companies filed a lawsuit in federal court over the ban.
Tobacco companies already sued the state of California over the flavor ban in 2021, but the case was dismissed by a federal judge who told the companies to wait till after the referendum. In the current suit, the tobacco companies said, "The referendum has now occurred and the injury plaintiffs face is no longer theoretical, but concrete and imminent.”
The tobacco companies argue that the 2009 Family Smoking Prevention and Tobacco Control Act (TCA) allows states to regulate tobacco products, not to ban their use or sale, saying, “"The ban falls under the TCA’s express preemption clause, 'which preempts 'any [state] requirement' that is 'different from, or in addition to,' a federal requirement about a tobacco product standard. A flavor ban is a paradigmatic tobacco product standard."
According to Politico, supporters of Prop 31 raised US$71 million for the referendum, almost all of which came from billionaire Michael Bloomberg. The tobacco industry is reported to have contributed US$25 million on the referendum.
AP reported that Prop 31 passed with 76.5% of the vote. Supporters of the ban included doctors, child welfare advocates, and the California Democratic party. Against the ban, aside from the industry, was California’s Republican party who said the ban would cause a massive tax revenue loss, which is estimated by the independent Legislative Analyst’s Office to reach US$100 million annually.
California is the fifth state to impose a flavor ban after Massachusetts, New York, New Jersey and Rhode Island. Prop 31 will go into effect on December 21 and exempts hookah, premium cigars, and pipe tobacco.