On January 8, 2024, the Supreme Court declined to review the Ninth Circuit’s holding that the federal Tobacco Control Act (TCA) does not preclude States like California from banning the sale of certain FDA-authorized tobacco products. The decision was a disappointment for WLF, which filed an amicus brief urging review. In 2020 California enacted a law banning the sale of all flavored tobacco products, including menthol cigarettes. In its amicus brief urging review, WLF argued that California’s flavor ban clashes with the TCA’s preemption clause, which prohibits States and localities from banning the sale of tobacco products for failure to conform to state or local standards that differ from the TCA’s.


WLF amicus brief