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.
The US is usually 5-10 years behind Japan, but vaping has taken hold in the US youth. I expect legislation to keep cutting down on vape sales by restricting flavors to push people towards tobacco and secondary flavor additives as an additional cost and inconvenience.