Tag: San Francisco

  •  San Fran Seeks End to Online Flavored Pouch Sales

     San Fran Seeks End to Online Flavored Pouch Sales

    VV Archive

    San Francisco is cracking down on the online sale of flavored nicotine pouches. The new lawsuit targets a handful of online retailers that the city says are violating its prohibition on flavored tobacco products.

    Unflavored versions of the product, which are sold at corner stores and tobacco shops in the city, will remain available for online purchase.

    “The tobacco industry has gone to tremendous lengths to reinvent their products to addict young people,” said City Attorney David Chiu. “We aren’t going to allow these companies to disregard the law and unravel decades of progress on preventing youth from using tobacco.”

    The Standard obtained a draft of the complaint, which was filed Tuesday in San Francisco County Superior Court. The suit alleges that Northerner Scandinavia, Lucy Goods, Rogue Holdings, and Swisher International sell flavored nicotine pouch products online to San Franciscans despite the ban.

    “Tobacco companies market nicotine pouches as discreet — the ‘perfect way to enjoy the nicotine you love without getting noticed, and without the risk of staining your teeth’; and claim that they are smoking cessation devices that help users ‘focus better, think deeper, chill out smoother, and inspire creativity,’” the complaint states.

  • San Francisco Files Lawsuits Against 3 Vapor Makers

    San Francisco Files Lawsuits Against 3 Vapor Makers

    San Francisco City Hall (Credit: Alonso Reyes)

    A new lawsuit filed by San Francisco City Attorney David Chiu’s office accuses three online retailers, The Finest E-Liquid, the Vape Society and DaSmokey, of illegally selling flavored vape products in the city.

    According to a complaint filed at San Francisco Superior Court Tuesday, city investigators purchased products from the three sellers that included a container of “The Finest Vanilla Almond Custard e-liquid,” a disposable vape called “Flum Pebble 6000 Puff, Matcha flavor” and packages of “Apple Pearadise” and “Straw Melon Sour Belts” e-liquid, among others.

    Moreover, the city alleges that the companies violated a state regulation, codified in California’s Stop Tobacco Access to Kids Enforcement (STAKE) Act, that requires online sellers to call the purchaser before shipping tobacco products and use certain language on the package—both safeguards intended to prevent minors from buying the products online.

    “We are bringing our lawsuit to send a clear message to tobacco retailers that selling their products will not be tolerated in San Francisco,” Chiu said. “We’re bringing this lawsuit to protect the public, especially youth, from the health risks of tobacco products.”

    Sales of flavored tobacco products have been banned in San Francisco since 2018, when voters approved Proposition E, which prohibited the sale of such products in response to the rising popularity of youth vaping.

    In 2019, the Board of Supervisors unanimously passed a ban on the sales of most electronic cigarettes in the city over the protests of Juul Labs, which was then headquartered in San Francisco and a major producer of vapes.

    That same year, Juul sponsored a ballot measure that would have reauthorized the sale of e-cigarettes—but it was overwhelmingly defeated.

    Now, Chiu’s office believes that the three online sellers are flouting bans and regulations of e-cigarette products by continuing to ship flavored vaping supplies to buyers in San Francisco.

    The alleged sales are happening despite broad restrictions on flavored vape products both locally and elsewhere, according to media reports. The websites gave no indication that the products could not be shipped to San Francisco and the products were shipped in short order to an address in the city, the complaint states.

  • Mixed Results from San Francisco Flavor Ban

    Mixed Results from San Francisco Flavor Ban

    Photo: Can Balcioglu

    Sales of flavored tobacco products decreased significantly in the wake of San Francisco’s ban, but teenagers were also more likely to take up smoking relative to their peers in other cities, according to two separate studies.

    In the summer of 2018, San Francisco residents voted overwhelmingly to ban the sale of flavored tobacco products, including nicotine vaping products and menthol cigarettes. By January 2019, when the prohibition took effect, almost every retailer in the city was immediately compliant.

    A study from researchers at RTI International, Stanford University School of Medicine and the California Tobacco Control Program, published in Tobacco Control, measured changes in tobacco sales before and after San Francisco’s law prohibiting flavored tobacco products. The study found that sales of all flavored tobacco products—including menthol cigarettes and flavored e-cigarettes—were virtually eliminated in the city after implementation of the policy, with no evidence of widespread substitution of non-flavored products.

    Sales of all flavored tobacco products decreased by 96 percent in San Francisco after implementation of the city law in early 2019. Total tobacco sales also significantly decreased over the same period, suggesting consumers did not broadly switch to unflavored tobacco products.

    “A reduction in total tobacco sales in SF suggests there was not a one-to-one substitution of tobacco/unflavored products for flavored products,” the authors wrote.

    However, a recent study published in JAMA Pediatrics, found that teenagers in the San Francisco’s high schools were more likely to take up smoking than teenagers in other U.S. school districts after the city’s flavor ban took effect. (San Francisco later became the first U.S. city to ban sale of all e-cigarettes, but the effects of that were not the subject of the study.)

    Prior to the flavor ban, smoking rates in San Francisco paralleled many cities across the country, showing fewer teens using combustible cigarettes over time. After the city enacted its policy, the odds of smoking among its high school students, relative to trends in comparison school districts, more than doubled.

    The findings come as other cities are acting against flavored tobacco products. On June 16, the Los Angeles City Council voted to end the sale of flavored tobacco products in the city. The measure covers flavored e-cigarettes, menthol cigarettes and flavored cigars but exempts certain hookah products.

    In California alone more than 100 cities and counties that have cracked down on flavored tobacco products. In 2020 the state acted to end the sale of flavored tobacco products, but the law is on hold because of an effort to overturn it through a November 2022 referendum.

  • Apartment Smoking Ban Sent Back to Committee

    Apartment Smoking Ban Sent Back to Committee

    Photo: ninjason from Pixabay

    San Francisco’s Board of Supervisors on Tuesday rejected a proposed ban on smoking or vaping tobacco in apartments that it voted for just last week, reports The San Francisco Examiner.

    The board must approve legislation in two separate votes. Typically, the second vote is perfunctory.

    Supervisor Aaron Peskin, who initially supported the ban, said that he heard from many long-term tenants on fixed income raising concerns about the proposal since his vote and he was “remarkably moved in the last week by what I have heard from them.”

    Critics expressed concern about the impacts the measure could have on longstanding renters, including fines of up to $1,000 per day and the potential for tenant harassment. The proposal does say a violation could not be grounds for an eviction.

    “I really am fearful that the unintended impacts could cause more harm to long term tenants in my district and other districts,” Peskin said. “I do want to address the harm of secondhand smoke in multi-unit residential buildings, but I think there are better ways to address this.”

    Approval of the legislation, which controversially exempted marijuana smoking, would have made San Francisco the largest city in the United States to adopt a smoking ban in multi-unit buildings.

    Board President Norman Yee’s said he was disappointed by the failure of the measure to pass in the second vote.

    “Today’s vote failed to prioritize the health of our most vulnerable community members,” Yee said. “It is completely backwards that we would defend the rights of people to smoke in their own homes over the rights of others to breathe safely.”

  • San Fran Set to Ban Vaping in Apartments, Marijuana OK

    San Fran Set to Ban Vaping in Apartments, Marijuana OK

    Pending a final vote next week, San Francisco is expected to ban vaping and smoking tobacco in apartments, but only after exempting cannabis in response to a backlash from marijuana advocates.

    The Board of Supervisors voted 10-to-1 to approve legislation intended to protect renters from the harms of secondhand smoke in buildings with three or more units on Tuesday night,, The Examiner reported.

    no vaping
    Credit: Mohamed Hassan

    “The problem is smoke easily moves between units and there is no way to contain it,” said Board President Norman Yee, who introduced the proposal. Yee had wanted to ban cannabis smoke as well, but couldn’t get the votes. The legislation prompted an outpouring of opposition from cannabis advocates.

    Supervisor Rafael Mandelman succeeded in amending the proposal in an 8-to-3 vote to provide a blanket exemption for cannabis smoke, before ultimately voting for the proposal.

    He said that state law treats tobacco smokers and cannabis smokers differently and without the exemption there would be no legal place for people to smoke cannabis. There are handful of consumption lounges in The City but they are closed during the pandemic.

    “Tobacco smokers unable to smoke in their apartment building can go out to the curb or find other public space,” Mandelman said. “There are other public spaces where they are allowed to smoke. Cannabis smokers don’t have that alternative and so I think it is important that we fully exempt cannabis from this legislation.”

    Yee had previously amended the initial proposal to exempt those who use cannabis for medicinal reasons with proof of a doctor’s recommendation but opposed the full exemption along with Supervisors Ahsha Safai and Gordon Mar.

    He said that while there are benefits from using cannabis “there are still health risks in exposure to secondhand cannabis smoke” and it would be “harmful for young kids and people that have respiration issues.”

    Supervisor Dean Preston, the only nay vote, said the board should take more time to work out the issues raised by tenant groups, including concerns over how the ban would largely impact long-term tenants who signed leases before it became the standard for landlords to put no-smoking provisions into the agreements. His motion to postpone the vote, however, was defeated in a 5-to-6 vote.

    The Department of Public Health is charged with enforcing the ban. Violators could face fines of up to $1,000 per day. A violation can not be grounds for an eviction under the terms of the legislation.

    Dozens of other cities and counties in California already have in place similar no-smoking bans in apartments including San Mateo, Daly City, Berkeley and Santa Clara County.

  • San Francisco Wants to Ban Vaping in Private Apts.

    San Francisco Wants to Ban Vaping in Private Apts.

    On Dec. 1, San Francisco may soon ban residents from vaping in their own apartments if attached to two or more additional units. The law would also ban smoking tobacco or cannabis in apartments.

    Board of Supervisors President Norman Yee said the board is “discussing the right of our residents to breathe clean air,” citing the impacts of secondhand smoke.

    simple sign no smoking and vaping, isolated on white
    Credit: 123rf.com

    According to an article in the SFexaminer, The board’s Public Safety and Neighborhood Services Committee voted Nov. 12 to send the legislation to the full board for a vote, but did so without a recommendation for approval. The full board is expected to vote on the proposal on Dec. 1.

    Supervisor Rafael Mandelman raised concerns about applying the ban to smoking cannabis. One amendment made by Yee would exempt cannabis smoking for those who obtain a recommendation from their doctor to smoke medicinal cannabis for medical purposes.

    But Mandelman said many people no longer get medical proof, such as medical cannabis cards, because cannabis is now legal for adult use. He suggested a blanket exemption for cannabis smoke.

    “For folks who do not have a medical cannabis card, there are very few places outside their own home where you can consume cannabis,” Mandelman said. “It is not parallel to cigarettes in that way. Cigarettes, there are still places where smokers can go and smoke. That is not so much the case for cannabis smokers.”

    Yee said a blanket exemption for cannabis smoke would not achieve his aim. San Francisco recently banned the sale of most vaping products.

  • US City Gives Marijuana, Tobacco to Homeless

    US City Gives Marijuana, Tobacco to Homeless

    Credit: Jared Erondu

    In order to increase the number of guests who stay in isolation and quarantine, the U.S. city of San Francisco’s city leaders and health officials say they are meeting homeless people where they are, according to abc7news.com. In some cases, that includes the distribution of some alcohol, tobacco and marijuana to those in quarantine.

    The San Francisco Department of Public Health tells ABC7 News the alcohol and tobacco is funded by private donations. Also that DPH staff store and administer the substances under the guidance of licensed physicians.

    “Our behavioral health experts are offering services every day, medication assisted treatment including nicotine and opiate replacement, behavioral health counseling and in cases where people decide that they are going to continue to use, our focus is using the best evidence to help people manage their addictions,” said Dr. Grant Colfax, San Francisco’s Public Health Director.

    DPH tells ABC7 News that in a few cases, DPH staff have helped patients buy their own medical cannabis but that they do not facilitate purchases of recreational cannabis. Also that any staff member who does not wish to distribute these substances to guests may opt out of doing so.

    No “safe injection” or “supervised consumption” is part of the isolation and quarantine sites according to DPH.

    San Francisco Police Chief William Scott says police are enforcing drug laws in the Tenderloin, where some have been taking advantage of those who are vulnerable.

    “We’ve made arrests in encampments we’ve seen people go in with bags of drugs and distribute them to others to sell in these encampments and we’ve arrested those people. We’ve confiscated their money, we’ve confiscated their drugs and we will continue to do that.”

    DPH says the distribution of alcohol and tobacco to those in quarantine is not unique to San Francisco.