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Supreme Court leaves California’s ban on flavored cigarettes in place (www.cnn.com)

submitted 11 months ago by MicroWave to c/news

8 comments fedilink hide all child comments

The Supreme Court declined on Monday to hear a challenge to a California law that bans the sale of flavored cigarettes, leaving the state law in place.

Tobacco manufacturers and retailers, including R.J. Reynolds, argued the state law conflicts with the federal Tobacco Control Act, which gives the US Food and Drug Administration the authority to regulate the sale of cigarettes, but stops short of allowing states to outright ban certain products as they see fit.

“Under the TCA, states have broad authority to regulate the sale of tobacco products. They can raise the minimum purchase age, restrict sales to particular times and locations, and enforce licensing regimes,” attorneys for the challengers told the justices in court papers. “But one thing they cannot do is completely prohibit the sale of those products for failing to meet the state’s preferred tobacco product standards.”

The court declined to hear the case without comment.

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[–] SCB 5 points 11 months ago

The referendum required a simple majority to pass, and it did indeed pass, bringing relief to children’s health advocates and the public health community. Consequently, SB 793 became effective on January 1, 2023. Violation of the law will result in a $250 fine per infraction and subject the retailer to any local regulations within their jurisdiction that may be more stringent than the state law.

This was passed via referendum, though, so describing it as just a revenue thing handled by the state without voter input is a bit misleading.