Supreme Court Rejects Plea and California Flavored Ban Continues
On Monday the Supreme Court rejected the last plea from the tobacco industry on the flavor ban. With this it has now given California legislation authority to continue the state-wide ban on a majority of flavored tobacco products.
The ban will start as early as next Wednesday, on December 21st and this will start to affect small businesses across California.
The application sent to the Supreme Court argues about the financial lost that RJR and smaller companies will suffer once the ban is in affect. The application also specifies on the Tobacco Control Act of 2009 that gave states authority to regulate tobacco products.
Word by word the application states, “but one thing they cannot do is completely prohibit the sale of those products for failing to meet the state’s or locality’s preferred tobacco product standards. That is because the TCA’s preemption clause specifically denies states and localities the power to enact “any requirement which is different from, or in addition to,” federal “tobacco product standards.”
The courts responded with a clear refusal of the block, indicating how the courts have never sided with the tobacco industry’s side on this matter.
Despite all the efforts the ban will continue and the future of the flavored tobacco industry will change.
R.J. Reynolds is still challenging the courts despite it all.
However, a federal judge has ruled that the arguments that RJR are insisting were foreclosed back in March by the 9th Circuit Court of Appeals.
Comment below on your thoughts for the block and how we as a community should move forward.
The ban will start as early as next Wednesday, on December 21st and this will start to affect small businesses across California.
The application sent to the Supreme Court argues about the financial lost that RJR and smaller companies will suffer once the ban is in affect. The application also specifies on the Tobacco Control Act of 2009 that gave states authority to regulate tobacco products.
Word by word the application states, “but one thing they cannot do is completely prohibit the sale of those products for failing to meet the state’s or locality’s preferred tobacco product standards. That is because the TCA’s preemption clause specifically denies states and localities the power to enact “any requirement which is different from, or in addition to,” federal “tobacco product standards.”
The courts responded with a clear refusal of the block, indicating how the courts have never sided with the tobacco industry’s side on this matter.
Despite all the efforts the ban will continue and the future of the flavored tobacco industry will change.
R.J. Reynolds is still challenging the courts despite it all.
However, a federal judge has ruled that the arguments that RJR are insisting were foreclosed back in March by the 9th Circuit Court of Appeals.
Comment below on your thoughts for the block and how we as a community should move forward.
Leave a comment