Companies Challenge Flavor Ban

R.J. Reynolds Tobacco Co., American Snuff Co., R.J. Reynolds Vapor Co., Santa Fe Natural Tobacco Co., Philip Morris USA, John Middleton Co., U.S. Smokeless Tobacco Co., Helix Innovations, Neighborhood Market Association. and Morija filed a lawsuit seeking to repeal the California flavor ban law on Oct. 9.

The California law bans the sale of menthol cigarettes as well as all other flavored tobacco and vapor products except premium cigars, shisha and loose-leaf tobacco beginning Jan. 1, 2021.

The lawsuit seeks a ruling that “declare[s] that the Family Smoking Prevention and Tobacco Control Act pre-empts the California ban on the sale of all flavored tobacco products, making the law invalid and unenforceable; declare[s] that the law is invalid and unenforceable under the Commerce Clause of the U.S. Constitution; [and] issue[s] preliminary and permanent injunctions preventing the enforcement and implementation of the California ban on the sale of all flavored tobacco products,” according to CSP.

California Governor Gavin Newsom signed the ban Aug. 28. Opponents filed a petition to put the question to voters in a referendum to overturn it shortly after its passage.