San Jose: Flavor Ban for Tobacco and Vaping Products Goes into Effect

The San Jose City Council voted unanimously to ban flavored tobacco products starting in July 2022[1] This ban concerns menthol cigarettes and flavored e-cigarettes. The bill also plans to ban the consumption of tobacco, vaping and cannabis in collective housing.

The city's department responsible for local regulatory controls will ensure compliance with this ban. Vendors who fail to comply with this provision are liable to a fine of up to 25,000 TP4T/day and/or withdrawal of their license.

A set of measures aimed at protecting young people

San Jose becomes the largest city in California to ban flavored tobacco and nicotine products. The law is designed to reduce nicotine addiction among youth. About 1,200 locations sell tobacco and vaping products in Santa Clara County, with half of those locations located in San Jose. Studies show that 93 percent of Santa Clara County high school students who reported using nicotine products did so with flavored products.

San Jose had already banned in November 2021 the installation of new retailers within 300 meters of establishments welcoming young people. But also within 150 meters of existing tobacco retailers.

Another component concerns the ban on consuming any tobacco, vaping or cannabis products inside collective housing. A measure intended to protect residents from smoke and secondary exposure. According to a survey conducted among 1,442 residents, 70% were in favor of a ban on smoking inside apartments. Most respondents said they had been exposed to smoke in their home in the last 30 days.

A measure adopted despite the tobacco industry lobby

San Jose joined other cities that have passed similar local bans after California Senate Bill 793, which would have banned the sale of flavored tobacco and vaping products statewide, was shelved and put to a referendum in November. Federally, more than 330 municipalities have taken the lead and banned flavors, despite pressure from the tobacco industry.

In June 2021, the proposed ban on the sale of flavored vaping products in San Jose had been lobbied by at least four tobacco industry lobbyists. The pressure was mainly exerted on the city's elected officials, in order to obtain its postponement. The main argument was the economic harm induced by this legislation for retailers, already severely weakened by COVID19.

Keywords: San Jose, California, flavors, ban, youth, lobby

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[1] Lorraine Gabbert, Say goodbye to flavored tobacco in San Jose, San Jose Spotlight, June 29, 2022, accessed July 1, 2022

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