Supreme Court Asked to Stop California Ban

Tobacco companies have asked the U.S. Supreme Court to stop California from enforcing a ban on flavored tobacco products set to go into effect on Dec. 21, reports CBS News Bay Area.

On Nov. 8, Californians voted to uphold a state law ending the sale of most flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and flavored cigars.

Originally passed by lawmakers in 2020, the measure was put on hold after opponents gathered enough signatures to force a referendum on the ban.

Following the Nov. 8 ballot, tobacco companies challenged the law in court, arguing that only the federal government can ban tobacco flavors, as the Family Smoking Prevention and Tobacco Control Act gives the U.S. Food and Drug Administration authority to regulate tobacco.

The Supreme Court filing states that the companies would suffer “irreparable harm” from being shut out of one of the country’s largest markets. Small retailers, they argued, would potentially have to lay off employees and close.

Previously the Ninth Circuit Court of Appeals denied the tobacco companies’ request to block the law pending appeal.