"The U.S. Supreme Court on Monday turned down an emergency request to block California’s ban on the sale of flavored tobacco products.
The Supreme Court rejected tobacco companies’ request for an emergency injunction pending appeal, report Reuters, SCOTUSblog, the Associated Press and the New York Times.
The R.J. Reynolds Tobacco Co. and other makers of tobacco had argued in their emergency application that the state’s ban is preempted by the federal Tobacco Control Act.
The tobacco companies argue that a 2022 federal appeals decision that controlled the outcome of the case “is manifestly wrong.” In that decision, R.J. Reynolds Tobacco Co. v. County of Los Angeles, the 9th U.S. Circuit Court of Appeals at San Francisco upheld Los Angeles County’s ban on the sale of flavored tobacco.
A cert petition in the Los Angeles County case is pending before the Supreme Court.
The new case is R.J. Reynolds Tobacco Co. v. Bonta."
This article was originally posted in the ABA Journal.
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