On February 27th, the US Supreme Court rejected the appeal made by three subsidiaries of Reynolds American Inc in an attempt to overturn the ban on flavored tobacco products in Los Angeles County. This was reported by Law360, a foreign media outlet.
These three companies are owned by Renault and are named R.J. Reynolds Vapor Co, American Snuff Co, and Santa Fe Natural Tobacco Co.
The aforementioned company had filed a petition to the Supreme Court in October 2022, requesting a review of this case. Prior to this, the Ninth Circuit Court of Appeals had issued a ruling on the case, upholding the lower court's decision to dismiss Renault's appeal.
Renault American Inc. (RAI) stated that the previous two rulings by the Ninth Circuit Court of Appeals allowing state and local sales bans were incorrect. These sales bans should be superseded by federal law.
It also believes that although the federal Tobacco Control Law gives states and local governments the power to regulate the sale of tobacco products, it cannot completely ban products that do not meet the standards of that area.
However, as early as 2021, Judge Dale S. Fischer found during the initial hearing of the lawsuit against Reynolds that the ban in Los Angeles County did not specify standards for tobacco products.
He explained that the ban is protected by provisions in federal law, and even though it may be stricter than federal law, state and local governments can still prohibit the sale of tobacco products.
After being rejected by the Ninth Circuit Court of Appeals, these companies have continued to appeal, claiming that the ban violates federal law and stating that state and local governments cannot prohibit the sale of tobacco products simply because they do not agree with federal tobacco standards.
Los Angeles County officials have refuted the notion that their ban will impede federal policy, citing the FDA's announcement of plans to ban menthol cigarettes and all flavored cigars.
The Supreme Court's stance now appears to lean towards Los Angeles County, which may prevent the Reynolds American company from seeking further action in regards to the flavor ban in the Supreme Court.
Reference:
The Supreme Court has chosen not to review the appeal made by Los Angeles County regarding the ban on flavored products.
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