SAN DIEGO (Legal Newsline) — R.J. Reynolds and others are claiming California's recent ban on flavored tobacco products violates interstate commerce law.
R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company, American Snuff Company LLC and others filed a complaint in the U.S. District Court for the Southern District of California against Robert Bonta, in his official capacity as Attorney General of California, and Summer Stephan, in her official capacity as District Attorney for the County of San Diego, alleging violation of the Dormant Commerce Clause and other claims.
R.J. Reynolds and the other plaintiffs allege in their complaint that California's SB793, which was recently upheld on the state's November 8 voter ballot as a veto referendum, allowing the ban of flavored tobacco products, is unlawful due to dictating "how out-of-state manufacturers must manufacture their products."
Specifically, the plaintiffs allege by banning "characterizing flavors" of tobacco products, the state is attempting to dictate how out-of-state manufacturers produce their products and exceeding its authority by directly regulating interstate commerce. They claim that under the Federal Tobacco Control Act, state and localities' authority to regulate the sale of tobacco products does not allow them to prohibit the sale of those products.
The plaintiffs also claim California's SB793, is preempted by federal law and attempts to regulate manufacturers outside the state's borders. The plaintiffs allege that they have "taken active steps" to prevent youth access to tobacco products and that they continue to work with the FDA to keep tobacco products away from youth, including the "We Card" and "mystery shopper" programs.
The plaintiffs seek monetary relief, enjoinment of SB793 and all other just relief. They are represented by Noel Francisco, Christian Vergonis, Ryan Watson and Andrew Bentz of Jones Day in Washington, D.C.
U.S. District Court for the Southern District of California case number 3:22-cv-01755-BEN-MSB