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Detailed legal reports outlining industry regulation, analysis of the laws, and pertinent organisations
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Alerts
Our legal experts track the evolving regulation around the tobacco alternatives sector on a daily basis. These alerts are then compiled into our Monthly Round-up section.
16th March 2023
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
28th February 2023
US - California: The US Supreme Court has declined to hear a petition from RJ Reynolds Vapor and two other companies seeking to overturn Los Angeles County’s ban on flavoured tobacco products. Reynolds sued over the ban shortly after it took effect in 2020, arguing that only the federal government has the legal authority to regulate tobacco products.
24th February 2023
- US - California: Assembly Bill 935 has been introduced, which would prohibit tobacco product sales to anyone born after 1st January 2007. The bill includes penalties for violations, including escalating civil fines and the suspension or revocation of the seller's licence. The bill may have a committee hearing on 17th March.
20th December 2022
- US - General: The Clinton Foundation announced a funding plan for Tobacco Free Portfolios (TFP), with a total value of $5.5m over approximately five years. The foundation has partnered with the state of California, Truth Initiative, BNP Paribas, and Ing Bank Slaski, among others. The primary goals of the funding plan to be reached by December 2023 are to increase the committed assets by at least $3tn and engage with at least 20% of the leading US financial institutions. TFP is a nonprofit organisation with a mission to promote tobacco-free finance across financial institutions.
13th December 2022
US - California: A motion filed by RJ Reynolds and other tobacco companies, seeking an emergency order to stop California from enforcing the flavour ban approved in the November ballot, has been denied by the US Supreme Court. The ban will come into effect next week.
30th November 2022
US - California: RJ Reynolds and other tobacco companies have filed a motion in the US Supreme Court asking for an emergency order to prevent California from enforcing the flavour ban approved in the November ballot, press reports.
28th November 2022
- US - California: Attorney general Rob Bonta announced $18.6m in state grant funding to 41 local government agencies to tackle the illegal sale of tobacco products, especially to minors, as part of the Department of Justice’s annual Tobacco Grant Program. The grant programme hopes to not only curb retailers disregarding federal tobacco laws, but to ultimately prevent the next generation from being addicted to tobacco.
11th November 2022
- US - California: Tobacco companies are suing California over the flavour ban that passed via the ballot on Tuesday 8th November. They state that although the state and localities have broad authority to regulate tobacco products under federal law, "one thing they cannot do is completely prohibit their sale because they do not meet the state or locality’s preferred 'tobacco product standards'." Thus, the flavour ban would be pre-empted by federal law. The plaintiffs are RJ Reynolds Tobacco Company, RJ Reynolds Vapor Company, American Snuff Company, LLC, Santa Fe Natural Tobacco Company, Inc., Modoral Brands Inc., Neighborhood Market Association Inc., and MORIJA LLC dba Vapin' The 619.
9th November 2022
US - California: As expected, voters in California yesterday passed Proposition 31 to uphold the 2020 legislation banning the sale of flavoured tobacco products. Senate Bill 793 was delayed due to a referendum call by the tobacco industry, which gave the voters the final say. Many local jurisdictions in the state have already passed some sort of restriction on flavoured tobacco products, the sale of which will now be forbidden state-wide.
8th November 2022
US - California: Proposition 31, which aims to uphold Senate Bill 793, is on the state ballot today. A “yes” vote would ban the sale of flavoured tobacco products in California.
21st October 2022
- US - California: A flavoured tobacco products ban referendum is on the 8th November ballot in California. Some health organisations are advocating to vote yes, so as to uphold Senate Bill 793, which would ban the sale of flavoured tobacco products. San Luis Obispo County health officer, Penny Borenstein, is among them, encouraging the community to vote yes, stating: "We stand with commendable health organizations such as the American Heart Association, the American Lung Association, the Cancer Action Network of the American Cancer Society, the California Medical Association, and the American Academy of Pediatrics." San Luis Obispo County has a population of around 280,000.
