SAN DIEGO — Now that the 2022 Midterm Election is over and flavored tobacco has been banned in San Diego County and the state, tobacco giant R.J. Reynolds is taking its fight to the federal court.
On Wednesday, November 9, R.J. Reynolds sued on behalf of a San Diego County-based vape manufacturer, Vapin' the 619, and the Neighborhood Market Association, alleging the ban is invalid and unenforceable because it attempts to supersede the U.S. Constitution.
In addition, R.J. Reynolds' lawsuit claims that the state law is void because it discriminates and attempts to regulate out-of-state businesses and what they can or cannot manufacture.
In 2020, Governor Newsom signed the Stop Tobacco Access to Kids Enforcement (STAKE) Act into law. The law prohibited retailers from selling "a flavored tobacco product or a tobacco product flavor enhancer," according to the bill.
In response, cities throughout San Diego County including San Diego, Encinitas, and Solana Beach have banned retailers from selling flavored vape products.
Elected officials in those cities say the products target young people and introduce them to a potential lifetime of addiction.
Business owners, however, say the ban decimates their business and say the choice of whether or not to use the products is up to the individuals as well as the parents of younger people to educate their children about tobacco use.
In August 2021, R.J. Reynolds sued over the state's flavored tobacco ban. A judge in that case, however, said the outcome of the election and the state referendum needed to be decided before a legal challenge could move forward.
On Tuesday, November 8, California voters overwhelmingly passed Proposition 31 which bars the sale of flavored tobacco by a 62% to 37% margin.
Now that the proposition has passed the tobacco giant and local retailers are renewing their fight against the ban.
"California has no legitimate interest in enforcing its preempted and unconstitutional law," reads the lawsuit. "The Court should thus grant injunctive and declaratory relief preventing the Defendants and their agents from violating the U.S. Constitution’s Supremacy Clause and Commerce Clause."
A spokesperson for the San Diego County District Attorney, who is named in the lawsuit, declined to comment citing pending litigation.
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