LOS ANGELES – A federal judge has dismissed a challenge to Los Angeles County’s ban on the sale of flavored tobacco products.
R.J. Reynolds Tobacco Co. and other tobacco companies sued the County, arguing that the ordinance conflicted with federal regulations on tobacco products.
U.S. District Court Judge Dale Fischer disagreed in a ruling Aug. 7.
Federal law “expressly gives state and local governments the power to prohibit the sale of tobacco products,” the judge ruled. “That is so even if those sales bans are stricter than the federal ban, so long as the regulation does not set a tobacco product standard. The Court concludes the [Los Angeles] ordinance does not.”
He granted the County’s motion to dismiss the case.
The Los Angeles ordinance, adopted in September 2019, defined flavored tobacco as having “tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.”
The ban included encompassed flavored tobacco “in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices,” the judge said.
Neassa Hollon, a spokeswoman for R.J. Reynolds, declined to comment on the ruling.
“We don’t have comment on pending litigation,” she said.
The ordinance was prompted by a concern that flavored products were increasing vaping by young people and causing lung damage, a release issued on the Los Angeles Times website said.
Last week, California Gov. Gavin Newsom signed legislation imposing a statewide ban on flavored tobacco products, a release issued on the Sacramento Bee website said.
“This tobacco industry continues to find ways to target our youth,” the governor said in the Bee release. “It will be a point of deep pride and personal privilege as a father of four and as someone who has had many family members die at the hands of the tobacco industry to sign that bill.”