An overview of the judicial challenges to California’s tobacco product flavour ban

On 8th January, the US Supreme Court declined to hear tobacco company RJ Reynolds’ challenge to California’s flavour ban on tobacco products. This isn’t the first time a similar challenge has been rejected on the same grounds.

While plaintiffs challenging the law argue that states and localities don’t have the power to regulate tobacco product sales, the Tobacco Control Act explicitly preserves the authority of states and localities to do so. They may enact a more stringent law as long as it doesn’t conflict with federal law, which no court has yet found that flavour bans do.

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Berta Camps Bisbal

Senior legal analyst
Berta has a law degree from the University of Barcelona and a Juris Doctor degree from Nova Southeastern University (Florida). She has worked as a faculty assistant in legal research in Florida, was a member of the Law Review, and has interned for a magistrate judge of the US District Court for the Southern District of Florida. Berta focuses on US legal analysis, including tracking all federal, state and local regulation. She runs our US interactive regulatory tracker product, following changing regulation on e-cigarettes in all 50 US states.

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