WASHINGTON — Tobacco giant RJ Reynolds is suing the state of California in an attempt to keep a controversial new cigarette line on the shelves, the company announced in a press release Thursday.
RJ Reynolds launched the products in question shortly after California voters approved a statewide ban on menthol cigarettes. It advertises these cigarettes, which are marketed under Reynolds’ popular menthol brands, Camel Crush and Newport, as “crunchy” and producing a “tropical oasis” that menthol smokers will enjoy. For example, one product, Newport Non-Menthol, is touted as “The non-menthol for menthol smokers.”
California Attorney General Rob Bonta and tobacco control advocates argue that the products are flavored and are an end-run under California law, but Reynolds has argued that the products “deliver no flavor or aroma other than tobacco,” and so can be sold legally. .
The row arose late last month when Bonta wrote to Reynolds advising the company that its cigarettes were considered flavored and thus could not be legally sold in the state. The letters did not order Reynolds to recall its products, or explicitly threaten fines or legal action against the company, but the message could drastically reduce Reynolds’ sales because it would expose retailers to fines if they sell the products . The law does not explicitly provide for fines for manufacturers of these products.
The lawsuit could have implications for similar bans across the country. As of February, 10 state legislatures had introduced taste ban bills, according to the Association of State and Territorial Health Officers.
Reynolds has struggled to challenge California menthol restrictions in the past. Earlier this year, the company unsuccessfully sued the state in an attempt to block the enactment of the menthol ban.
The lawsuit is also the latest hurdle for California as it attempts to enforce the state’s flavor ban, which also applies to flavored e-cigarettes. STAT reported in January that flavored vapes were widely available in Southern California stores despite the new law.
In a press release, Reynolds, which has threatened to sue vape shops selling illegal flavored products, urged Bonta to focus enforcement on those products, rather than cigarettes.
“Reynolds has repeatedly called on California enforcement officials to take action to combat the flow of illegal, unregulated, disposable vapes in kid-friendly flavors such as Watermelon Bubble Gum and Rainbow Candy of unknown origins being shipped into state ports,” the company said. wrote. “Prioritizing enforcement of these illegal vapor products, rather than focusing on compliant products, would better serve Californians.”
Proponents of a ban on menthol flavoring say such a policy will make it easier for current menthol smokers to quit and help right racial inequalities caused by targeted marketing of menthol cigarettes to African Americans. A 2011 study predicted that a menthol ban would prevent more than 600,000 deaths by 2050, including the deaths of more than 200,000 African Americans.
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