Bonta

R. J. Reynolds Tobacco Company v. Bonta

Good Law
United States District Court, Southern District of CaliforniaMarch 15, 20233:22-cv-01755California2,743 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 In November 2022, California voters approved Senate Bill 793 (“S.B. 793”), a bill 25 prohibiting the retail sale of “flavored tobacco products” within the State of California.

27 1 Defendant Summer Stephan filed a motion for joinder [Doc. No. 32] in Defendant Attorney General 28 S.B. 793 as codified states that “a tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavored enhancer.” Cal. Health & Safety Code § 104559.5(b)(1). As mentioned in the Complaint, “the original motivation for California’s ban on flavored tobacco products was to prevent youth usage of tobacco products.” [Doc. No. 1 at ¶ 24]. The California legislature engaged in several deliberations prior to writing the final bill, considering statistics about youth usage of flavored tobacco products and evidence related to the deaths and harms caused by the sustained use of tobacco. [Doc. No. 31 at 12]. On November 9, 2022, immediately following the November 2022 election, Plaintiffs brought this…

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