1 of 2 | The U.S. Supreme Court on Tuesday upheld a ban on flavored tobacco products in California. File Photo by Ken Cedeno/UPI |
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Dec. 13 (UPI) -- The U.S. Supreme Court has rejected an emergency appeal by the cigarette industry that would have ended a ban on flavored tobacco products in California.
On Monday, Supreme Court Justice Elena Kagan denied the emergency request by several major tobacco giants, including R.J. Reynolds, Sante Fe Natural Tobacco Co., and Modoral Brands Inc., who filed the injunction last month asking the high court to intervene and stop the ban after 9th Circuit Court of Appeals allowed it.
Kagan upheld the ban without explanation and no dissents were issued by the other Justices.
Following the ruling, the ban -- known as Proposition 31 -- is scheduled to take effect on Dec. 21 after more than 60% of state voters approved the referendum during last month's midterm election.
Attorneys for the tobacco industry argued that California lacked the constitutional authority to enact such a law at the state level. And R.J. Reynolds, which makes Newport menthol cigarettes, also cited the 2009 Tobacco Control Act, which prohibits states from blocking tobacco sales.
"They can raise the minimum purchase age, restrict sales to particular times and locations, and enforce licensing regimes," the plaintiffs argued in the request for an injunction. "But one thing they cannot do is completely prohibit the sale of those products for failing to meet the state's or locality's preferred tobacco product standards."
Previously, the 9th Circuit court rejected another similar appeal by the companies, ruling that states maintained the right to regulate tobacco products even as the industry was already governed by the Food and Drug Administration.
The question on the ballot asked voters -- yes or no -- if they supported a state ban on non-tobacco flavors like cotton candy, vanilla, menthol, and various fruits.
The state legislature passed the ban in 2020 but voters had to first approve the measure before it could become law. That will happen next Wednesday when the November results are finally certified.
In court, attorneys said the law would result in "substantial financial losses" for the tobacco industry.
California will now join Massachusetts as the only states to currently ban flavored tobacco products.
