California's Flavor Ban Upheld by Federal Judge

On March 15th, U.S. District Judge Cathy Ann Bencivengo dismissed a lawsuit brought by the tobacco industry challenging California's statewide ban on flavored e-cigarettes and other tobacco products.

The tobacco industry has accused the measure of unfairly discriminating against out-of-state companies. Bencivengo argues that the controversial law only applies to sales, while manufacturers are still allowed to produce flavored tobacco in California. Most manufacturers of flavored tobacco products are located outside of California.

In November 2022, after a nationwide vote, California passed a ban that led to lawsuits by RJ Reynolds and other tobacco companies. They claimed that the law violated the federal Tobacco Control Act (TCA) and commercial terms of US law.

The tobacco industry is arguing against a proposed ban on flavored tobacco products in California through legal action.

Violation of the Tobacco Control Act (TCA) and federal laws governing commercial terms.

2. State laws exhibit discrimination.

Out-of-state flavor tobacco product manufacturers will have to spend billions of dollars to change their operations to comply with the new tobacco product standards.

4. Imposes undue burden on interstate trade.

Bencivengo has rejected the tobacco industry's lawsuit request, citing the following reasons:

Citing a ruling by the Ninth Circuit Court of Appeals in March 2022, the decision upheld a ban on flavored tobacco products in Los Angeles County.

The California flavor ban has not established any new standards for the manufacture or marketing of tobacco products that differ from federal regulations.

The economic losses in the tobacco industry alone "are not sufficient for the court to determine that this ban significantly increases the burden of interstate trade," and it is pointed out that the purpose of this law is to protect public health.

In the ruling, Bencivengo stated that the Tobacco Control Act also grants individual states the power to exit the market for selling flavored tobacco products. The ruling disallows tobacco companies from submitting amended pleadings.

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A challenge to California's flavor ban has been rejected by the court.