California: Voters approve law banning flavored tobacco and vaping products

November 15, 2022

Par: National Committee Against Smoking

Dernière mise à jour: November 15, 2022

Temps de lecture: 5 minutes

Californie : Les électeurs approuvent la loi interdisant les produits du tabac et du vapotage aromatisés

On November 8, during the U.S. midterm elections, voters in California passed (by a margin of 581,333 votes in favor) the measure upholding the 2020 law banning the sale of most flavored tobacco and nicotine products. The ban includes e-cigarettes but excludes shisha tobacco and some cigars. It represents a significant victory for public health advocates after a years-long fight. The measure received strong political support from Democrats and unaffiliated voters.

With the adoption of the bill known as the " SB 793 » or “Proposition 31,” California became the second state in the country in August 2020 (after Massachusetts) to end the sale of flavored tobacco and nicotine products. A number of California cities, such as San Jose[1] or Los Angeles, had already enacted their own ban.

Fierce opposition from the tobacco industry

The tobacco industry (Philip Morris USA and its American subsidiary Smokeless Tobacco Co., as well as RJ Reynolds Tobacco Co.) had quickly deployed massive lobbying actions following the adoption of the bill on August 28, 2020. The manufacturers spent $21 million to collect the necessary signatures, then requiring the validation of the text by popular initiative referendum and postponing the consultation to the mid-term elections in November 2022. The signature collection operation had been orchestrated by the California Coalition for Fairness.[2]-[3]

In response, a coalition of more than 200 diverse organizations—public health, medical, family, civil rights, education, business, religious, community and other groups—and elected officials from across California came together to campaign for the ban. The campaign to pass the bill raised about $60 million, according to campaign finance records, thanks in large part to former New York City Mayor Michael Bloomberg, who has been a longtime anti-smoking campaigner.

A decisive victory for the protection of younger generations

Public health organizations were quick to applaud the findings, saying they send a strong message to the Biden administration and the Food and Drug Administration, which recently proposed rules banning menthol cigarettes and flavored cigars. Matt Myers, president of the Campaign for Tobacco Free Kids, said:[4], California's ban on flavors for most tobacco and nicotine products is the " Most significant anti-smoking measure in the United States in years "This vote can also serve as a catalyst for similar actions in other states and cities.

L'investigation The 2022 National Youth Tobacco Survey found that more than 2.5 million middle and high school students in the United States are currently using e-cigarettes, and 85 percent of them are using flavored products. For Laurent Huber, executive director ofAction on Smoking and Health, the delay in implementing this law allowed tobacco companies to rake in $1.1 billion in revenue while 37,000 young people were introduced to nicotine through flavored products.

Ban still threatened by tobacco industry actions

The California ban, however, could be challenged by another legal battle over a ban on flavored nicotine products previously enacted in Los Angeles County.[5]. Tobacco maker RJ Reynolds is currently challenging the provision, arguing that federal tobacco law does not allow states and municipalities to ban the sale of tobacco products. A federal appeals court ruled in March that states and municipalities do have the authority to ban flavored tobacco products, but RJ Reynolds has taken the decision to the Supreme Court.

If the Supreme Court takes up the case and sides with RJ Reynolds, it could torpedo California's ban, as well as bans in other states and localities, said Desmond Jenson, a federal regulatory lawyer at the Public Health Law Center.

Keywords: California, United States, flavors, vaping, electronic cigarettes, tobacco, youth, midterm elections, lobby

©Tobacco Free Generation

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[1] Generation without tobacco, San Jose: Ban on flavors for tobacco and vaping products goes into effect, published July 6, 2022, accessed November 10, 2022

[2] Generation without tobacco, California: ban on flavors postponed following appeal by the tobacco industry, published on January 28, 2021, consulted on November 10, 2022

[3] Generation without tobacco, California: Tobacco Industry Attempts to Block Ban on Flavored Product Sales, published on November 25, 2020, consulted on November 10, 2022

[4] Press release, California Voters Overwhelmingly Uphold Law Ending Sale of Flavored Tobacco Products, Delivering Huge Win for Kids Over Tobacco Industry, Campaign for Tobacco-Free Kids, published November 9, 2022, accessed November 10, 2022

[5] Nicholas Florko, California bans flavored tobacco products, including vapes, Stat News, published November 9, 2022, accessed November 10, 2022

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