Statement ofMatthew L. Myers, President, Campaign for Tobacco-Free Kids
WASHINGTON,Dec. 12, 2022/PRNewswire/ --The U.S. Supreme Court today denieda request by R.J. Reynolds and other tobacco interests for an emergency injunction to block implementation ofCalifornia'slaw ending the sale of most flavored tobacco products, which was overwhelming approved by state lawmakers in 2020 and upheld in November by 64% of the state's voters. This decision is a major victory for kids and public health and will allow this lifesaving law to take effect later this month. The decision is a rejection of desperate efforts by Reynolds and other companies to further delay the law so they can continue to target kids, Black Americans and other communities with flavored e-cigarettes, menthol cigarettes and flavored cigars.
Reynolds has argued that theCalifornialaw is preempted by federal law (the 2009 Tobacco Control Act) despite the explicit language of the Tobacco Control Act preserving the authority of states and localities to regulate, and even prohibit, the sale of tobacco products. While today's decision is about Reynolds' request for an injunction and does not decide the merits of the company's preemption argument, there is no basis for the Supreme Court to review the lower court rulings upholding the law. Reynolds has raised the preemption issue repeatedly, but every federal court that has considered this issue has held that the Tobacco Control Act does not preempt state and local laws restricting the sale of flavored tobacco products – including the First, Second and Ninth Circuit Courts of Appeals.
TheCalifornialaw was passed in response to the clear evidence that flavored products have fueled the youth e-cigarette epidemic and the tobacco industry's continued, predatory targeting of Black and other communities, especially kids, with flavored products like menthol cigarettes and flavored cigars. By using the referendum to delay the law for two years, tobacco companiesmade about$800 millionin revenuefrom menthol cigarette sales alone during this time period. Their lawsuit was aimed at further protecting their profits no matter the cost.
The tobacco companies' battle against theCalifornialaw shows once again that they haven't changed and are lying when they claim to care about anything other than their bottom line. Reynolds and other companies will stop at nothing, including overriding the will of the voters, in order to continue targeting children and vulnerable communities with flavored products. Policymakers at every level must stand up to the tobacco industry's bullying and take action to protect kids and save lives.
The Campaign for Tobacco-Free Kids and 22 partner organizations filed anamicus briefwith the Supreme Court urging rejection of Reynolds' request for an emergency injunction.
SOURCE Campaign for Tobacco-Free Kids
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