Judge upholds flavored tobacco ban in California

The law, signed by Governor Gavin Newsom in 2020, banned the sale of flavored tobacco products, including flavored vape tanks and menthol cigarettes. In 2022, voters overwhelmingly approved the ban by a two-to-one margin. Tobacco companies filed a lawsuit to block the law, arguing that it was preempted by two federal laws: the Tobacco Control Act and the dormant commerce clause in the U.S. Constitution. However, a federal judge disagreed, writing that the text of SB 793 does not expressly discriminate against out-of-state entities, as it only regulates the actions of retailers in California.

California Attorney General Rob Bonta tweeted that Big Tobacco's latest attempt to access a new generation of users has been dismissed. California's ban on flavored tobacco took effect on Dec. 21, 2022, covering e-cigarettes, menthol cigarettes, little cigars and cigarillos, smokeless tobacco, blunt wraps, and loose leaf roll-your-own tobacco. ||

It applies to retailers, fining them $250 for each infraction, and is not illegal to buy or smoke flavored tobacco. The law makes California the second state in the country to have banned all flavored tobacco products, including menthol cigarettes.