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SAN DIEGO (Legal Newsline) – Tobacco companies like R.J. Reynolds are suing over California’s new law that bans flavored products.
The law follows similar local ordinances passed around the country and is the subject of the Oct. 9 lawsuit filed in San Diego federal court against state Attorney General Xavier Becerra and San Diego County District Attorney Summer Stephan.
The law bans menthol cigarettes and other flavored products like smokeless tobacco.
“Although youth use of combustible cigarettes is at an all-time low, youth vaping and serious health issues from illicit products are at the heart of a national discussion,” the suit says. “But California’s new law, Senate Bill 793, strikes far broader than necessary…”
Other plaintiffs are American Snuff Company, Santa Fe Natural Tobacco, Philip Morris, John Middleton Co., Smokeless Tobacco Company, Helix Innovations, Neighborhood Market Association and Vapin’ the 619.
“But not only is California’s law misguided, the sweeping ban is also preempted by federal law and therefore unconstitutional under the U.S. Constitution’s Supremacy Clause,” the suit says.
“In addition, California’s law violates the dormant Commerce Clause and is thus unconstitutional.”