Tag: California

Companies File Suit Against California Flavor Ban

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Vapor and other tobacco companies filed a lawsuit against California in federal court over the state’s ban on flavored products one day after voters backed the ban in a Nov. 8 referendum, reports the Courthouse News Service.
Though more than half the state’s ballots have yet to be counted, media outlets have declared that the referendum will pass. Unless a judge agrees to intervene, the ban is set to go into effect no later than Dec. 21, 2022.
In their suit, the companies argue that the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009 allows states and municipalities to regulate tobacco products, but not to ban their use or sale.
“The ban falls under the TCA’s express preemption clause, ‘which preempts ‘any [state] requirement’ that is ‘different from, or in addition to,’ a federal requirement about a tobacco product standard,” the suit reads. “A flavor ban is a paradigmatic tobacco product standard.”
In 2020, California lawmakers passed a ban on all flavored nicotine products except hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
Vapor and tobacco companies already sued California over the flavor ban in 2021. But a federal judge dismissed the case, telling the plaintiffs to wait for the voters to weigh in before suing.
November 11, 2022
California Bans Flavored Vaping, Tobacco Products

Credit: Sharaf Maksumov
Californians voted to uphold a state law ending the sale of most flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and flavored cigars.
Proposition 31, the ballot referendum to uphold the law, was ahead by a margin of 65 percent to 35 percent on Nov. 9. The Associated Press called the race, though official results will take longer to finalize. The state mailed ballots to all active voters. Ballots postmarked by election day have a week to arrive.
In 2020, California lawmakers passed a ban on all flavored nicotine products except hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
“Proposition 31 is California’s antidote to the candy-flavored poison Big Tobacco has been peddling to our kids and communities of color,” said Fmr. Senator Jerry Hill, author of the original bill that became Prop. 31. “With the implementation of Prop. 31 comes a strong layer of protection against tobacco companies’ ability to lure kids into smoking and a lifetime of addiction to nicotine; and Californians will live longer, healthier lives as a result.”
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
Advocates for Proposition 31 argued the restrictions would deter tobacco use among kids by eliminating youth-friendly flavors such as bubblegum, cotton candy and cherry.
Opponents said the ban would remove flavored electronic nicotine delivery systems as an effective tool to quit traditional cigarettes, and that some communities were unfairly targeted by the law. Black smokers, for example, are more likely to use menthol cigarettes.
Supporters of the ban outspent opponents by a significant margin in the runup to the ballot. By mid-October, the billionaire anti-smoking and anti-vaping activist Michael Bloomberg had provided $15.3 million of the $17.3 million raised by the committee in favor of the ban, according to the San Francisco Chronicle. By contrast, the opposition had raised just over $2 million, almost entirely comprised of donations from Philip Morris USA ($1.2 million) and R.J. Reynolds ($743,000).
California joins Massachusetts and the District of Columbia in ending the sale of flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and flavored cigars. Three other states—New Jersey, New York and Rhode Island—prohibit the sale of flavored e-cigarettes. With local laws included, 25 percent of the U.S. population will now be covered by laws ending the sale of flavored e-cigarettes.
November 9, 2022
California Readies for Tuesday’s Flavor Ban Vote

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The nicotine business is bracing for a likely “yes” vote in the Nov. 8 ballot on California’s flavored products ban.
In 2020, California lawmakers passed a ban on all flavored nicotine products—including vapes and cigarettes—except in hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
If voters uphold the legislation next week, California will join a number of states that have already prohibited the sale of at least some flavored nicotine products. Massachusetts banned the sale of flavored nicotine products (including menthol) in 2019; New Jersey, Rhode Island and New York have all banned flavored vaping products.
California’s proposed law is unique in that it also bars so-called “flavored enhancers,” preventing a person from buying flavored non-nicotine e-liquid and adding it to flavorless nicotine at home.
Observers expect the California legislation to be approved.
An Oct. 4 poll from the Berkeley Institute of Governmental Studies found that 57 percent of respondents planned to support the flavor ban, whereas just 31 percent would vote “no,” with only 12 percent looking to be undecided.
Supporters of the ban appear to have outspent opponents by a significant margin. By mid-October, the billionaire anti-smoking and anti-vaping activist Michael Bloomberg had provided $15.3 million of the $17.3 million raised by the committee in favor of the ban, according to the San Francisco Chronicle. By contrast, the opposition had raised just over $2 million, almost entirely comprised of donations from Philip Morris USA ($1.2 million) and R.J. Reynolds ($743,000).
Critics worry that, if passed, the ban will spawn a considerable illicit market, as it appears to have done in states that have similar restrictions in place. Massachusetts’ ban on tobacco flavors, for example, appears to have encouraged smokers and vapers to obtain their products in neighboring states.
November 4, 2022
Moraga, Calif. Bans Flavors as State Vote looms

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At its meeting this week, the Moraga Town Council approved the second reading of an ordinance that will ban the sale of flavored tobacco as of Jan. 1, 2023.
The vote comes just days before a Nov. 8 vote on a statewide referendum that will ask voters whether or not to keep a statewide ban that was approved in August 2020 but put on hold due to legal challenges.
In addition to the ban on flavored vaping and other tobacco products, the ordinance prohibits the sale of all electronic smoking devices and e-liquids within the town, and prohibits all non-sale distribution of tobacco products, reports Halfwheel.
It also updates laws that require all tobacco sales be assisted by a tobacco retailer, meaning that there can be no self-service displays of tobacco products.
In the ordinance, the town stated that its goal was to reduce access and exposure to these products by younger members of the community, which it believes will promote public health both in minors and adults residing in the town.
The town also sought to align itself with laws adopted by other cities and towns in Contra Costa County. The bill does not affect the sale of non-flavored tobacco products, such as premium cigars.
Moraga is located just over 20 miles east of San Francisco and is home to approximately 17,000 residents.
October 31, 2022
Foster City Again Plans to Ban Flavored Vapes

Foster City, California, plans to ban the sale of flavored tobacco products and e-cigarettes, with the city council to consider an ordinance at its next meeting. The city tabled the bill in August for lack of support.
“I firmly believe this is our opportunity to do right by our children,” Councilmember Sanjay Gehani said.
The council originally only planned to apply an ordinance to flavored tobacco, but a push from Gehani and Vice Mayor Jon Froomin at the Oct. 3 meeting to have a more stringent ban that includes e-cigarettes swayed Mayor Richa Awasthi and Councilmember Patrick Sullivan, according to the Daily Journal.
Staff will also bring back a tobacco resale license ordinance to address violations of the smoking ordinance ban brought. The ordinance, suggested by Froomin, will detail enforcement the city can take for those who defy the ban. Froomin said stringent enforcement was needed to be effective in the community.
The proposed ordinance would apply to convenience stores, grocery stores, gas stations and other businesses.
Cities like Half Moon Bay, South San Francisco, Burlingame, San Carlos, San Mateo and Redwood City have prohibited selling flavored tobacco. The state has passed Senate Bill 793, signed into law in 2020, which calls for tobacco retailers not to sell flavored tobacco products.
However, the state has halted implementation due to a referendum calling for its repeal, stalling a decision. California voters in the November election will vote on the status of SB 793, called Proposition 31.
October 12, 2022
California’s E-Scrap Recycling Program Excludes ENDS
Credit: Sharaf Maksumov
The newly expanded e-scrap recycling program signed by California Governor Gavin Newsom will not include vaping products. AB 2440 and SB 1215 set up an extended producer responsibility program for loose batteries and added battery-embedded products to the Electronic Waste Recycling Act of 2003.
Newsom signed the bills Sept. 16 as part of a package of climate-related bills, according to Resource Recycling.
Under SB 1215, consumers will be required to pay an electronic waste recycling fee upon the purchase of certain new or refurbished products starting Jan. 1, 2026. However, a covered battery-embedded product is one containing a battery “that is not intended to be easily removed from the product by the consumer with no more than commonly used household tools,” the bill’s text states, excluding medical devices, energy storage systems and electronic nicotine delivery system (ENDS) products.
“This month has been a wake-up call for all of us that later is too late to act on climate change. California isn’t waiting any more,” Newsom said in the press release. “Together with the Legislature, California is taking the most aggressive action on climate our nation has ever seen.”
September 20, 2022
Foster City, California Holds Back E-Cig Flavor Ban

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The city council for Foster City, California has tabled an ordinance prohibiting sales of flavored e-cigarettes and other tobacco products over potential litigation concerns and a desire to see what actions the state takes in November.
The council voted 2-2 on the proposed ordinance ban. Councilmember Sam Hindi recused himself because his business sells tobacco products, according to The Daily Journal.
Councilmember Patrick Sullivan wanted to table the item over litigation concerns because some tobacco retailers have sued cities like Palo Alto for ordinances. However, Forest City staff said no litigation has successfully overturned the ordinances.
“I’m not comfortable with moving forward,” Sullivan said.
San Mateo County and cities like Half Moon Bay, South San Francisco, Burlingame, San Carlos, San Mateo and Redwood City have prohibited selling flavored tobacco, with several others considering bans.
The state has also weighed in with Senate Bill 793, signed into law in 2020, which calls for tobacco retailers not to sell flavored tobacco products.
However, implementation has been halted due to a referendum calling for its repeal, stalling a decision.
California voters in the November election will vote to enact or repeal SB 793.
August 22, 2022
California: San Benito County Readies to Ban Flavors
As a statewide ballot question in November’s election about whether flavored e-cigarettes and other tobacco products should be banned approaches, San Benito County has decided to take the first step towards banning the products.
At its Aug. 9 meeting, the county’s Board of Supervisors approved the first reading of an ordinance that will ban the sale of flavored tobacco products in all areas in the county, including the cities of Hollister and San Juan Bautista, reports Halfwheel. The approval was unanimous among the five supervisors.
The ordinance, which also includes a ban on the sale of single-use or disposable e-cigarettes, will get a second reading at the board’s August 23 meeting. If it passes as written, the ban would go into place 30 days after is adopted.
San Benito County has approximately 64,000 residents, and is located southeast of San Jose.
August 20, 2022
San Jose, California Flavor Ban Begins on July 1

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The San José City Council’s unanimous action last fall to ban flavored vaping and other tobacco product sales will soon take effect. Starting July 1, 2022, the sale of flavored tobacco within the City of San José, California is prohibited, as outlined in the city’s Tobacco Retail Ordinance.
“The ban applies to any tobacco products with an artificial flavor, natural flavor, aroma, herb or spice, including — but not limited to — cherry, chocolate, cinnamon, clove, cocoa, coconut, coffee, grape, licorice, menthol, mint, orange, pineapple, strawberry, vanilla, and other flavors,” according to press release. “This includes products where such flavors characterize the smoke or vapor produced by the tobacco product.”
Certain products are exempted from the ban, including shisha, hookah, and premium cigars.
The City’s Code Enforcement Division, which oversees tobacco retailers in San José, will enforce the ban. Sellers of the banned products, after June 30, 2022, could be fined up to $2,500 per day and/or have their tobacco license revoked.
“The tobacco industry has targeted youth with these colorful, flavored tobacco products, leading to an alarming rise in tobacco use among youth. We are proud to put the health of our youth first with these prohibitions,” said Mayor Sam Liccardo.
“Studies show that more than 80 percent of minors and young adults report that flavored tobacco was their first use of a tobacco product,” said Chris Burton, director of the Planning, Building and Code Enforcement Department. “This ordinance update to ban the sale of flavored tobacco and other steps can greatly help minimize access to tobacco by youth.”
The City Council’s action and ordinance update in Fall 2021 included the steps of prohibiting the location of new tobacco retailers locating within 1,000 feet of facilities that serve youth and within 500 feet of an existing tobacco retailer. That requirement went into effect on November 18, 2021.
The Code Enforcement Division facilitated the Tobacco Retail Ordinance update with a grant from the County of Santa Clara, which is coordinating with cities throughout the county on flavored tobacco prohibitions.
San José and other cities proceeded with local bans after California Senate Bill 793, which banned the sale of flavored tobacco statewide in 2020, was placed on hold for a voter referendum in November 2022 that could potentially repeal the measure.
The American Nonsmokers’ Rights Foundation reports that as of April 1, 2022, 235 municipalities (predominantly in California) have banned or restricted the sale of flavored tobacco.
A trilingual brochure produced by the Code Enforcement Division explains the ban and other rules for tobacco retailers in English, Spanish and Vietnamese.
June 25, 2022
Los Angeles Bans Flavored Vaping, Tobacco Products
Flavored vaping products will be banned in Los Angeles effective Jan. 1, 2023, though it could happen by December 2022.
The Los Angeles City Council voted 12-0 in favor of the ban, which bans the sale of all flavored tobacco products except flavored shisha tobacco. The exemption is quit specific and will allow flavored shisha tobacco to be sold in hookah lounges that have their own ventilation system.
There is no exemption for flavored cigars of any kind. While the law bans the sale of flavored tobacco products, there’s no ban on the possession of these products by consumers, according to Charlie Minato at Halfwheel.
Credit: Sean Pavone Photo
Los Angeles’ ban will go into effect Jan. 1 barring any legal setbacks, though there’s a chance that state law could change as early as Dec. 8.
In 2020, a bill was signed into law that banned flavored tobacco products in the entire state of California, though due to California’s unique direct government process, that law must survive a ballot referendum this November. If a majority of voters support the flavored vape/tobacco ban—technically, the ballot referendum will ask if they want to rollback the law—then flavored tobacco sales could be outlawed as early as Dec. 8, 2022.
The legislation will now move to Mayor Eric Garcetti, who is expected to sign it, according to Filter.
California’s state law includes an exemption for both shisha tobacco as well as large flavored cigars. However, in order to be exempt, the cigars would need to have a wholesale price of at least $12, meaning they would retail for around $37 given California’s high tax rate on cigars.
The Los Angeles County Board of Supervisors—a separate government that can govern the non-chartered areas of Los Angeles County—passed a ban on flavored tobacco products in 2019. That law has been subject to legal challenges, some of which have been dependent on the outcome of the state law.
In April, the U.S. Food & Drug Administration announced it was moving forward with plans to ban flavored cigars throughout the U.S.
June 2, 2022