Synopsis

On November 8, 2022, California voters approved a measure to prohibit the sale of flavored tobacco products, including e-liquids, in the state, with exceptions for flavored shisha used in hookahs, premium cigars, and loose leaf tobacco. R.J. Reynolds and other tobacco companies filed suit on November 10, 2022, seeking an injunction and declaratory relief against the measure. On December 12, 2022, the Supreme Court denied their request.

Why it matters for public health

Flavored tobacco products are much more popular than unflavored and tobacco-flavored products, whether combusted as with cigarettes, aerosolized as with e-cigarettes, or otherwise consumed. Flavored tobacco products are especially popular among youth and underage consumers of tobacco products, and flavors are widely regarded as a primary factor in youth initiation and continued use of tobacco products. One of the most impactful tobacco control measures that a local or state authority can undertake to curb tobacco product use is prohibiting flavored tobacco product sales.

Background

California’s state legislature considered and approved a measure in 2020 to restrict the sale of flavored tobacco products in the state, with exceptions for flavored shisha, premium cigars, and loose leaf products. R.J. Reynolds and other tobacco companies sued, unsuccessfully, to prevent the law’s enactment, arguing that it was preempted by the Tobacco Control Act. Following this effort, R.J. Reynolds and the tobacco industry supported a referendum proposal to place the state law, SB-793, on the general ballot for 2022. The referendum petition succeeded, and the law was labeled Proposition 31. A yes vote for Proposition 31 meant supporting the law’s enactment, and a no vote for the proposition meant its repeal. On November 8, 2022, California voters approved Proposition 31, with 62% in favor and 38% against.

Proceedings

Tobacco companies filed suit in the Southern District of California on November 10, 2022. R.J. Reynolds raised the same arguments that tobacco companies had previously raised, which have been dismissed by state and federal courts (see R.J. Reynolds v. Becerra (2020). R.J. Reynolds’ writ of injunction was allowed to go directly to the Supreme Court by agreement that current rulings in the Ninth Circuit do not support the tobacco industry.

Litigation Status (CLOSED)

R.J. Reynolds filed their complaint on November 10, 2022. On December 12, 2022, the Supreme Court denied R.J. Reynolds’ request for a writ of injunction.