Californians have accomplished something that federal regulators have failed to — despite long, difficult campaigning. Voters in the biggest state in the nation not only have banned Big Tobacco from peddling its flavored products that target and exploit communities of color and the young. They also have defeated the industry in its legal challenges.
Big Tobacco had launched urgent appeals of the November ballot initiative banning flavored tobacco products only to see the U.S. Supreme Court decline to consider its case, the New York Times reported:
“As is the [high] court’s practice when it rules on emergency applications, its brief order gave no reasons. There were no noted dissents. R.J. Reynolds, the maker of Newport menthol cigarettes, had asked the justices to intervene before [Dec. 21], when the law is set to go into effect. The company, joined by several smaller ones, argued that a federal law, the Tobacco Control Act of 2009, allows states to regulate tobacco products but prohibits banning them … State officials responded that the federal law was meant to preserve the longstanding power of state and local authorities to regulate tobacco products and to ban their sale. Before and after the enactment of the federal law, they wrote, state and local authorities have taken action against flavored tobacco and e-cigarettes.”