Feb 27 – The U.S. Supreme Courtroom on Monday declined to listen to a problem to Los Angeles County's ban on gross sales of flavored tobacco merchandise introduced by R.J. Reynolds Tobacco Firm, which had argued that solely the federal authorities – not state or native governments – has the authorized authority to control tobacco merchandise.
The justices turned away the North Carolina-based tobacco firm's enchantment of a decrease courtroom's resolution to uphold the ban, which incorporates merchandise corresponding to menthol cigarettes and vape juice, that took impact in 2020. R.J. Reynolds is a part of British American Tobacco (BATS.L).
The Supreme Courtroom in December allowed a California statewide ban on flavored tobacco merchandise, additionally challenged by R.J. Reynolds, to enter impact. Gavin Newsom, the Democratic governor of the most-populous U.S. state, signed that ban – a coverage response to considerations a few rise in e-cigarette and tobacco use by teenagers – into legislation in 2020 and it was upheld by voters in a 2022 poll initiative.
California grew to become the second state to ban all flavored tobacco product gross sales, after Massachusetts in 2019. A number of different states have restricted flavored vaping merchandise, and several other municipalities have adopted their very own bans.
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Then-Los Angeles Mayor Eric Garcetti, a Democrat, signed the native ban final June, a transfer hailed by medical teams together with the American Lung Affiliation, which referred to as it a “tremendous step in public well being.”
Flavored tobacco merchandise, particularly e-cigarettes, have come below scrutiny lately as critics have stated they enchantment to youth. The U.S. Meals and Drug Administration final yr sought to tug all of main e-cigarette maker Juul Labs Inc's merchandise off the market, although that call is on maintain whereas the corporate challenges it.
A 3-judge panel of the San Francisco-based ninth U.S. Circuit Courtroom of Appeals final yr upheld the Los Angeles ban on a 2-1 vote. The panel discovered that the business was misreading the 2009 legislation that gave the FDA sole authority to develop and implement “tobacco product requirements,” noting that this implies the company has unique energy to control the manufacturing and advertising and marketing of tobacco merchandise, however not retail gross sales.
The statewide ban's implementation was delayed after a coalition representing the tobacco business gathered sufficient signatures to place to voters a poll initiative to halt the measure. Almost two-thirds of voters casting ballots authorized the gross sales ban.
The FDA in 2022 launched a long-awaited proposal to ban menthol cigarettes and flavored cigars in the USA, although it's anticipated to take years to implement.
Reporting by Brendan Pierson in New York; Modifying by Will Dunham
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