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State courts decide whether or not tobacco can be sold in California. In the Nov. 8 election, 63% of voters passed Proposition 31, which prohibits the “commercial sale of certain tobacco products,” according to a summary of the vote announced by voters. Most of the campaign involves menthol cigarettes and decongestant products, which activists say are marketed to children.
Without entering into legal technicalities, Prop. 31 blocking Senate Bill 793 from 2020.
The day after the vote, RJ Reynolds, American Snuff Company and other companies filed a federal lawsuit to prevent the ban from going into effect. The legal complaint states that the ban “is untenable because it violates the Federal Tobacco Control Act,” and “the ban falls under the TCA’s provision, which prohibits something. [state] regulation’ means ‘different from, or in addition to,’ a government regulation of tobacco product standards. Flavor resistance is a paradigmatic tobacco product standard.”
This is the only situation that federal courts are designed to solve. The founders said the new country would be a free trade zone that promotes prosperity with equal currency, internal and foreign trade laws. These issues are for Congress to set, as is the case with the TCA.
We opposed Proposition 31 and SB 793 because tobacco is illegal for anyone under the age of 21, so instead of “saving kids,” it’s purpose is to prevent adult choice. The Prop. 31 also restricted certain flavored tobacco products, such as cigarettes and pipes and hookah tobacco.
Voters legalized the recreational use of marijuana in 2016 with Proposition 64, which we supported; although the Legislature has yet to establish a proper regulatory and tax system to curtail the black market. But strangely, in two decades, California has gone from banning marijuana while lightly regulating menthol cigarettes, to legalizing the former while banning it. he did that.
Apparently, many Californians and lawmakers don’t really care about the idea of ”my body, what I want.”
The courts will do their part to determine the laws of Prop.
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