Supreme Court Refuses to Halt California Flavored Tobacco Ban

December 12, 2022, 8:02 PM UTC

The US Supreme Court refused to halt California’s new ban on flavored tobacco products including menthol cigarettes, rejecting a bid by British American Tobacco Plc units to keep the law from taking effect Dec. 21.

Without explanation or any public dissent, the justices cleared the way for a ban approved last month in a state referendum with more than 63% of the vote.

London-based BAT said in court papers the ban will cause “substantial financial losses” for R.J. Reynolds Tobacco and other units. Menthol cigarettes account for about a third of the cigarette market, the company said.

BAT, which contends the law runs afoul of the 2009 US Tobacco Control Act, sought to block the ban while the company presses a legal challenge.

California officials urged the Supreme Court to reject the request, saying the financial impact was outweighed by the benefits of banning dangerous products that are especially appealing to youths. California says the 2009 law preserved the ability of states to restrict or prohibit tobacco sales for public health reasons.

The case is R.J. Reynolds v. Bonta, 22A474.

To contact the reporter on this story:
Greg Stohr in Washington at gstohr@bloomberg.net

To contact the editor responsible for this story:
Elizabeth Wasserman at ewasserman2@bloomberg.net

© 2022 Bloomberg L.P. All rights reserved. Used with permission.

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.