The Supreme Court upheld a Californian law that prohibits the sale of flavored cigarettes on Monday, 8 January 2024, after the court declined to consider the issue.

R.J. Reynolds and other tobacco retailers as well as manufacturers argued that the State law conflicted with the Federal Tobacco Control Act, which grants the US Foods and Drug Administration the power to regulate the sale of cigarettes but does not allow states to ban any specific product outright.

“States are given wide latitude to control the sale of tobacco products under the TCA. They might increase the minimum buying age, limit sales to certain hours and places, and enforce licensing requirements,” attorneys representing the challengers informed the justices in court documents.
“However, they are unable to outright forbid the sale of those goods because they do not adhere to the state’s preferred standards for tobacco products.”

The court made no remarks when it refused to hear the matter.

According to California legislation SB 793, “it is illegal to sell, offer for sale, or to possess a flavored tobacco product or a tobacco product flavor enhancer.”

Those who have been fighting the prohibition for years could not have the legislation changed. The Supreme Court rejected an emergency plea in 2022 to halt the law, while they prepared a challenge to it, and lower courts have rejected their objections.

“A product (menthol cigarettes) that has been sold lawfully for almost a century has been banned because of this law,” the companies told the justices. They also stated that the prohibition “could result in $1.4 billion in lost economic output and cost thousands of jobs.”

The Supreme Court “long ago recognized the broad authority of the States to regulate” tobacco, including through different outright bans, California argued in its pleading with the justices not to take up the issue.

California Attorney General Rob Bonta stated in court documents that “no court has agreed with the tobacco industry position that the Act preempts restrictions or prohibitions on the sale of flavored tobacco products in the 14 years since the TCA was enacted.”