By Nicholas Florko, STAT
May 11- Tobacco giant R.J. Reynolds is suing the state of California in an effort to keep a controversial new line of cigarettes on shelves, the company announced Thursday in a press release.
R.J. Reynolds launched the products in question shortly after California voters endorsed a statewide ban on menthol cigarettes. It’s advertising these cigarettes, marketed under Reynolds’ popular menthol brands, Camel Crush and Newport, as being “crisp” and producing a “tropical oasis” that will be enjoyed by menthol smokers. One product, Newport Non-Menthol, is advertised for example as “The non-menthol for menthol smokers.”
California Attorney General Rob Bonta and tobacco control advocates argue the products are flavored and are an end-run around California law, but Reynolds has argued the products “do not impart a distinguishable taste or aroma other than tobacco,” and thus can legally be sold.
The spat was set off late last month when Bonta wrote to Reynolds advising the company that its cigarettes were considered flavored, and thus could not legally be sold in the state. The letters did not order Reynolds to recall its products, or explicitly threaten any fines or legal action against the company, but the notice could drastically cut into Reynolds’ sales because it would open up retailers to fines if they sell the products. The law does not explicitly set out 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 flavor ban bills, according to the Association of State and Territorial Health Officials.
