NEWS
COURT FAVOURS FLAVOUR BANS
Federal appeals court rules that US local and state governments can impose e-liquid flavour bans
Words : Patrick Griffin
Local and state governments in the US have the power to ban flavoured vaping products , according to a new ruling from a federal appeals court .
The Ninth US Circuit Court of Appeals said there are currently around 300 state and local flavour bans across the country – with 100 of those in California alone .
Many of these bans were brought in to combat the country ’ s ‘ youth vaping epidemic ’ which is still regularly cited , despite data showing that the numbers of young people experimenting with e-cigarettes is declining .
The court ruled that the Family Smoking Prevention and Tobacco Control Act ( TCA ) did not prevent states , counties and cities from imposing tougher sales regulations if they saw fit .
The 2-1 majority ruling upheld the flavour ban introduced in Los Angeles County in 2019 . The appeal court held that Congress preserved for states a ‘ robust role in regulating , and even banning , sales of tobacco products .’
It said that while the federal government alone can set ‘ tobacco product standards ’, state and local governments had the power to set their own requirements governing the sale of tobacco products and that included flavour bans .
Circuit Judge Lawrence VanDyke said : “ The TCA explicitly preserves local authorities to enact more stringent regulations than the TCA itself .
“ It carves out the federal government ’ s sole authority to establish the standards for tobacco products , while preserving state , local and tribal authority to regulate or ban altogether sales of some , or all , tobacco products .”
Circuit Judge Ryan Nelson dissented and argued that the US Supreme Court had twice previously overturned sales bans on other federally regulated products .
California Attorney General Rob Bonta tweeted after the ruling : “ Every year , almost 500,000 people die due to tobacco-related disease . We must act to protect the health of our people .”
Meanwhile , a 2020 law banning the marketing of most flavoured tobacco products in California is currently on hold pending a public referendum in November .
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