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RJ Reynolds sues California over e-cigarette ban

Time: 2022-11-14

Views: 434

Reynolds Tobacco sues California over flavored tobacco and e-cigarette bans

RJ Reynolds, maker of Newport menthol cigarettes and best-selling vaping products, filed a federal lawsuit Wednesday challenging California's landmark flavored tobacco ban, which voters overwhelmingly approved a day earlier.


A state law signed by Gov. Gavin Newsom two years ago would ban the sale of all flavored tobacco and vaping products within weeks, eroding a sizable chunk of sales for Reynolds and other tobacco companies.


Reynolds is seeking an injunction to prevent the law from taking effect.


Supporters of the ban denounced the company's latest move. "This is a company selling deadly products desperately trying to overcome the will of the people of California -- to manipulate the legal system to undermine democracy," said Desmond Jensen, a senior attorney with the Public Tobacco Control Project.


Reynolds, also the maker of Vuse, a popular vaping device, did not immediately respond to Bluehole's request for comment on the lawsuit.


Tobacco companies have turned to voting initiatives, apparently to delay the ban and bring the matter to a referendum. Laurent Huber, executive director of the advocacy group Action on Smoking and Health, said in a statement that the move netted tobacco companies $1.1 billion while 37,000 young people tried candy-flavored tobacco products.


After the two companies lost a vote, Reynolds' lawsuit reignited an industry debate that local and state governments do not have the power to challenge federal law under the Tobacco Control Act, which gives the Food and Drug Administration the power to regulate tobacco .


That argument was rejected by the U.S. Court of Appeals for the Ninth Circuit, which ruled against Reynolds in March after the company sought to overturn a Los Angeles County ban on flavored tobacco products. Reynolds is trying to appeal the decision to the U.S. Supreme Court.


California will become the second state after Massachusetts to ban all flavored tobacco; sales of menthol cigarettes will also be banned. Other states, Rhode Island, New York and New Jersey, have outlawed flavored vaping products, as have many cities and counties to discourage teens from developing addictive habits. Legal challenges to those bans have so far failed.


“Taste appeals to young people, and the tobacco industry has long recognized that if they don’t keep them young, they will continue to live healthy, smoke-free lives,” said Erika Sward, vice president of advocacy for the American Lung Association. "Unfortunately, menthol is an entry-level cigarette, and kids who try menthol cigarettes are more likely to go on to become regular smokers."


Other plaintiffs in the lawsuit include Modoral, which makes flavored nicotine lozenges called Velo, and the Neighborhood Market Association, a San Diego trade group that represents vaping shops, among others.


"Time and time again, Big Tobacco has attempted to advance state efforts to protect our youngest residents from the devastating effects of tobacco use," California Attorney General Rob Bonta said in a statement. "While we have not formally received the lawsuit, we look forward to vigorously defending this important law in court."


Spending on Proposition 31, the ballot initiative supporting the state's law, totaled $29 million, more than the $2 million spent by the opposition, according to records from the California secretary of state's office. Much of the funding behind the ban came from former New York Mayor Michael Bloomberg, who has long supported anti-smoking measures and other public health initiatives.


Reynolds' share of U.S. menthol cigarette sales is nearly 60 percent, according to estimates by Goldman Sachs research director Bonnie Herzog.


On Tuesday, Reynolds launched a new ad for its Camel brand, showing Shatter Oasis and another non-menthol cigarette type that offers a refreshing smoking experience. The ads specifically mention California's ban, saying: "We know it's going to be tough. That's why we've made two new non-menthol styles for you to choose from.


In April, the FDA announced it would take steps to ban the sale of menthol cigarettes, but it could take years to implement such a major public health plan.


A menthol ban would significantly affect black smokers, with nearly 85 percent saying they preferred menthol cigarettes in a government survey, compared with 29 percent of white smokers. The agency is evaluating the tens of thousands of comments pouring into its proposal, which is expected to issue a rule next year.


A recent survey of teens by the FDA and the Centers for Disease Control and Prevention revealed that flavors played a key role in attracting young people to start vaping, with 85 percent opting for flavors like strawberry ice cream and watermelon.


The agency is reviewing dozens of applications submitted by companies to allow them to keep products on the market, and said it had rejected more than a million requests. Meanwhile, the FDA has been working to keep illegal products like flavored e-cigarettes containing synthetic nicotine out.


Teen vaping peaked in 2019 and is now declining, according to an annual government survey. Earlier this year, about 16 percent of high school students reported vaping in the past 30 days. The FDA has yet to make a final decision on whether Juul Labs, which has been widely blamed for fueling the teen vaping crisis, can remain on the market.


The FDA has authorized the sale of Vuse, an e-cigarette device made by Reynolds. Nearly 24 percent of teens who vape rank Vuse as their favorite product; Puff Bar is favored by about 30 percent as the leading brand.



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