The Supreme Court has denied a request from a tobacco company to challenge a California law that bans the sale of flavored cigarettes.
There were no noted dissents. The company, which makes menthol cigarettes, argued the state law conflicts with a federal law called the Tobacco Control Act that gives the federal Food and Drug Administration the authority to regulate the sale of cigarettes.
Reynolds argued that the lower court was wrong to “ignore” federal law and permit states to “completely prohibit” the sale of flavored tobacco products for failing to meet “tobacco product standards.” They noted that in 2009, Congress “enacted a comprehensive regime” to distribute authority over tobacco product regulation between the FDA and state and local governments and that the law granted the FDA “primary authority” to regulate tobacco products.
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