Supreme Court Rules On Flavored Cigarettes

Photo by Irina Iriser on Unsplash

(TargetLiberty.org) – On Monday, the Supreme Court declined to review the California ban of flavored cigarettes, which would mean that the state law was still allowed to stay in place.

The cigarette and tobacco companies had previously argued that the federal Tobacco Control Act (TCA) which went into effect in December 2022 following a state vote where 62 percent of voters called for a prohibition of flavored tobacco, was unlawful as the state did not have the authority to impose such a ban. As they argued under this act the state would be given broad authority over the regulation of tobacco products. They added that they can increase the minimum age for purchasing tobacco products, as well as restrict sales and impose licensing regimes. However, what they are not authorized to do is completely ban the sale of products that meet the state’s tobacco product standards.

In their request to the Supreme Court, the companies added that the reason the state did not have this authority was because the state did not have the authority to enact authorities that differed from the federal “tobacco product standards.”

The companies called for the Supreme Court to take on this case as the ban would block them from engaging in one of the largest markets for flavored tobacco products in the country.

However, California Attorney General Rob Bonta responded to the request by stating that the regulation of tobacco products was the responsibility of the state. As he pointed out this authority was further established by the Court when they upheld the Tennessee law that banned cigarette sales.

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