California Flavor Ban Faces Legal Challenge from Tobacco Companies

Nov.14.2022
California's ban on flavored tobacco products, including e-cigarettes and mint-flavored cigarettes, faces legal challenges from tobacco companies.

It has been two years since Governor Gavin Newsom signed Senate Bill 793. The bill prohibits the sale of flavored tobacco products, including flavored e-cigarette pods and menthol cigarettes. Various tobacco companies have rallied together to force a statewide referendum on the law. Although more than half of the votes have yet to be counted, the media has declared that the referendum will pass the bill (currently leading by 24%).


On February 25, 2020, the packaging of Juul Labs' electronic cigarettes and mint-flavored pods, located in Pembroke Pines, Florida, was photographed by Brynn Anderson for the Associated Press.


California is just one of over 300 jurisdictions in the United States that have some form of ban on flavored tobacco. Many of these bans have been challenged in court, with most resulting in failure. Tobacco companies have already filed a lawsuit against California's flavor ban in 2021, only to have it dismissed by a federal judge who instructed the plaintiffs to wait for voter intervention before filing another lawsuit.


The lawsuit states that the referendum has already taken place and the harm faced by the plaintiff is no longer theoretical but rather more concrete and urgent. Unless the judge agrees to intervene, the injunction will take effect no later than December 21, 2022.


The tobacco company argued in its lawsuit that the 2009 Family Smoking Prevention and Tobacco Control Act (TCA) allowed states and municipalities to regulate tobacco products, but did not prohibit the use or sale of tobacco products.


According to the lawsuit, "The ban falls under the clear priority clause of the TCA, which takes precedence over 'any [state] requirement' that is different from or supplemental to federal requirements for tobacco product standards," the lawsuit stated. "The flavor ban is a typical tobacco product standard.


In 2020, R.J. Reynolds Tobacco filed a lawsuit to prevent Los Angeles County from banning flavored tobacco, using the same arguments. However, the lawsuit was dismissed, and in March 2022, the Ninth Circuit Court of Appeals upheld the ban in a 2-1 decision.


In most rulings, Circuit Judge Lawrence VanDyke, who was appointed by Donald Trump, wrote that the TCA clearly allows local authorities to create regulations that are more stringent than the TCA. The law divides the sole authority of creating tobacco product standards among the federal government while also reserving the power for states, localities, and tribes to regulate the "complete prohibition of some or all tobacco products sales," thus balancing federal and local powers.


This does not bode well for the latest lawsuit against the tobacco company. The company's attorney, Steven Geise, did not respond to requests for comment via phone and email.


A spokesperson for California Attorney General Rob Bonta stated in a written statement that the state has been striving to protect our youngest residents from the destructive effects of smoking, but big tobacco companies have repeatedly attempted to overturn these efforts. Although we haven't officially received a lawsuit yet, we look forward to strongly defending this important law in court.


Opponents of flavored tobacco refer to it as a gateway drug with the ability to entice young people to smoke, regardless of whether or not it is intentionally marketed towards them. While some believe that e-cigarettes are a less harmful form of nicotine intake, others view nicotine addiction, particularly among youth, as a serious issue. The Center for Disease Control warns that nicotine can impair adolescent brain development and that young people who use e-cigarettes are more likely to start smoking in the future.


Statement:


This article is a compilation of third-party information intended for industry professionals to exchange and learn from.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the authenticity and accuracy of the content. The translation of this article is only intended for industry-related research and communication.


Due to limitations in translation ability, the translated article may not fully convey the original meaning. Please refer to the original article for accuracy.


2FIRSTS maintains complete alignment with the Chinese government regarding any domestic, Hong Kong, Macau, Taiwan or international issues it discusses or takes a stance on.


The copyright of compiled information belongs to the original media and authors. If infringement occurs, please contact us for removal.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

BAT Calls for Retailer Input in Future Nicotine Regulations
BAT Calls for Retailer Input in Future Nicotine Regulations
British American Tobacco (BAT) has called for stronger retailer involvement in shaping future nicotine product regulations in the UK, arguing that frontline market feedback should be considered during policy development. BAT said retailers provide direct insight into consumer behavior, market changes and regulatory implementation challenges. The comments come as the UK nicotine market undergoes regulatory changes, including the disposable vape ban, Vaping Products Duty and efforts to address illicit vape sales.
Jul.29
BAT UK Director Tolga Kilic Says Illicit Nicotine Market Squeezes Legal Retailers Amid Rising Compliance Costs
BAT UK Director Tolga Kilic Says Illicit Nicotine Market Squeezes Legal Retailers Amid Rising Compliance Costs
UK retail publication Grocery Trader has published a viewpoint article from Tolga Kilic, Commercial Director for BAT UK & Ireland, discussing the impact of illicit nicotine products on legitimate retail channels. Kilic said illegal vapes and other illicit nicotine products create competitive pressure for compliant retailers and called for stronger market controls and supply-chain oversight. The comments come as the UK advances policies including the disposable vape ban and Vaping Products Duty, creating a more complex operating environment for legal vape retailers.
Jul.28
Philip Morris Romania Expands IQOS Boutique Network to 120 Locations With Retail 2.0 Store
Philip Morris Romania Expands IQOS Boutique Network to 120 Locations With Retail 2.0 Store
Philip Morris Romania has opened IQOS Boutique Victoriei in Bucharest, expanding the country’s IQOS retail network to 120 points of sale and advancing a Retail 2.0 concept that combines design, technology, interactive art and urban culture.
PMI
Jul.13
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Philip Morris Japan (PMJ) has expanded the ZYN by IQOS oral tobacco pouch portfolio in Japan with four new ZYN Strong products, adding a third intensity level alongside the existing Low and Medium ranges. The Strong series first entered selected duty-free channels in Japan on July 1, 2026, before expanding to IQOS stores, the ZYN Online Store and selected tobacco retailers from August 18. The expansion increases the Japanese ZYN by IQOS lineup from eight to 12 products.
Aug.20
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
British American Tobacco (BAT) plans to cut about 5,500 jobs globally and shift around 3,500 roles to strategic partners by the end of 2026, affecting about 9,000 roles in total, as the company seeks to simplify operations, strengthen technology capabilities and deliver £600 million in annual savings by 2028.
BAT
Jun.29
Imperial Brands Plans Thousands of Job Cuts Across U.S. and Europe in Cost Restructuring
Imperial Brands Plans Thousands of Job Cuts Across U.S. and Europe in Cost Restructuring
According to Reuters, citing Bloomberg News, British tobacco company Imperial Brands PLC plans to cut thousands of jobs across the United States and Europe as part of a cost reduction and organizational restructuring effort. The announcement drew market attention to the company’s shares. The move comes as global tobacco companies continue adjusting their operations amid slower cigarette market growth, changing consumer preferences and the transition toward next-generation nicotine products.
Aug.11