SAN DIEGO (Legal Newsline) - A California federal judge has tossed tobacco companies' challenge to a state law that prohibits the sale of flavored products.
Judge Cathy Ann Bencivengo on March 15 decided the law did not violate the dormant Commerce Clause of the U.S. Constitution. Her ruling follows one made by the U.S. Court of Appeals for the Ninth Circuit that found SB 793 is not preempted by the federal Smoking Prevention and Tobacco Control Act.
Bencivengo's decision, a victory for state Attorney General Rob Bonta, rejects the claim the ban directly regulates out-of-state commerce while favoring in-state businesses.
"The text of SB 793 does not expressly discriminate against out-of-state entities, as it only regulates the actions of retailers in California," Bencivengo wrote.
"Additionally, the purpose of SB 793 was to promote the health and safety of California residents, not discriminate against out-of-state entities."
R.J. Reynolds and other companies filed suit after bans passed in the California Legislature and in various cities like San Diego and Los Angeles. They sought to curb underage tobacco use by forbidding products to be flavored.
The case against L.A. made it to the Ninth Circuit, which decided its ban was preempted by federal law. That left the plaintiffs' argument that the regulations discriminated against interstate commerce.
They complained companies outside of California couldn't sell flavored products in one of the nation's largest markets.
"All manufacturers, regardless of geographic location, are now potentially restricted in the marketability and sale of flavored tobacco products," Judge Bencivengo wrote.