Tag: California

California Sued Following Flavor Poll

Photo: niroworld
Tobacco companies filed a lawsuit against California in federal court over the state’s ban on flavored tobacco 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 tobacco 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.
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
Californians Uphold Flavored Tobacco Ban

Photo: PX Media
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.
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
Industry Braces for California Flavor Ballot

Photo: PX Media
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
California Pushes to Ban Single-Use Filters

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California lawmakers want to ban single-use cigarette filters, e-cigarettes and vape products in the state with the aim of benefiting the environment and public health, according to a story in The Los Angeles Times.
Assembly Bill 1690 would authorize local prosecutors to levy a fine of $500 per violation, defined as the sale of one to 20 items.
Supporters of the bill say cigarette filters offer no health benefits but cost the state millions of dollars to clean up and release toxic microplastics into the environment.
Roughly 12 billion cigarettes are sold in California each year, 90 percent of which are filtered, according to San Diego State epidemiology and biostatistics professor Thomas Novotny.
Nicholas Mallos, senior director of the Trash Free Seas Program at the Ocean Conservancy, said that in 2020 cigarette butts made up nearly 30 percent of the trash collected by volunteers on Coastal Cleanup Day. The city of Los Angeles alone incurs an estimated $19 million a year in cigarette filter clean-up costs. Public agencies statewide spend about $41 million a year.
The bill also targets vape products, which contain batteries and fluids that damage the environment. Reusable and rechargeable vape products would still be available under AB 1690.
Similar bills previously proposed have been unsuccessful due to “tobacco money,” according to proponents of the legislation. Assemblymember Mark Stone believes this time will be different due to a “growing awareness” of the issues and a “stronger coalition” of supporters.
The bill does not include a target date for when the ban would take effect.

February 4, 2022
Californians to Vote on Flavor Ban

A referendum to overturn California’s ban on flavored tobacco products qualified on Friday, reports AP.
Voters will nw decide in November 2022 whether to uphold the ban. The law won’t take effect until voters have decided.
The ban restricts the sale of flavored products but doesn’t criminalize possession of these products. Loose-leaf tobacco, premium cigars and shisha tobacco are exempt. Flavors including, but not limited to, “fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice” are included in the ban. Those caught selling banned products face a fine of $250.
Supporters of the law argue that these products are targeted at youth and Latino and Black communities while opponents of the ban argue that it goes too far and takes away products preferred by these communities while allowing continued sales of products preferred by wealthy communities.
Former state Senator Jerry Hill sponsored the legislation. He stated that his goal is to target products contributing to youth addiction, and he said tobacco companies are attempting to “delay the inevitable.”
“Voters are a lot smarter than Big Tobacco thinks they are,” Hill said.
January 25, 2021
California Flavor Ban Postponed

California’s controversial ban on flavored e-cigarettes will not take effect on Jan. 1, 2021. According to a report by Halfwheel, the Superior Court for the County of Sacramento has approved an agreement that postpones the enforcement date at least until the signatures are verified for a ballot measure proposal that seeks to repeal the law.
In November, the California Coalition for Fairness turned in more than 1 million signatures seeking to qualify a referendum for the November 2022 ballot aimed at overturning the legislation. Those signatures need to be verified at the county level, a process that is underway but might not be completed until Jan. 21, 2021, after the law was set to take effect. Now, the parties have agreed to delay the law until after the signature verification process is completed.
If the verified signature threshold is not met, the law would take effect once the Secretary of State has verified the process is complete. If the signatures are verified the flavor ban would be suspended until at least December 2022.
To get on the ballot, those in support of the referendum needed to get 623,212 verified signatures from California voters.
Signed by Governor Gavin Newsom on Aug. 28, the California law prohibits the sale of all flavored tobacco and vapor products, including those with menthol flavor. The legislation does not make it illegal for someone to purchase, possess or use flavored tobacco or vapor products, however.
The bill contains a provision that would impose a $250 fine for each violation.
December 16, 2020
Signatures Submitted for California Ballot

Photo: pjedrzejczyk from Pixabay
The California Coalition for Fairness has turned in more than 1 million signatures seeking to qualify a referendum for the November 2022 ballot aimed at overturning a law banning the retail sale of flavored tobacco products in California, reports The Los Angeles Times.
If the Secretary of State’s office determines there is a sufficient number of signatures to qualify the referendum, the new law, which was scheduled to take effect Jan. 1, would be suspended until the voters act on the ballot measure in November 2022.
Opponents needed to collect the signatures of 623,312 registered voters to quality the referendum.
The coalition has received more than $21 million from Philip Morris USA, U.S. Smokeless Tobacco Co., and R.J. Reynolds Tobacco Co., among others.
Health advocates criticized the initiative.
“We know Big Tobacco has hidden behind smoke and lies for years to hook generations of young people on deadly tobacco products, and this referendum is just one more tactic to continue the status quo,” said Lindsey Freitas, advocacy director for Campaign for Tobacco-Free Kids, in a statement. “If this referendum qualifies for the ballot, we’re confident that California voters will reject Big Tobacco’s desperate attempt to keep hooking our kids for a profit. But the delay will be costly and deadly.”
Governor Gavin Newsom, who signed the new law in August, denounced the referendum effort when it launched.
“This is Big Tobacco’s latest attempt to profit at the expense of our kids’ health,” Newsom said at the time. “California will continue to fight back and protect children from Big Tobacco.”
The law that Newsom signed would ban the retail sale of flavored tobacco products including menthol and fruit flavors, as well as those used in electronic cigarettes.
In addition to supporting the referendum, the tobacco industry has filed a federal lawsuit against the state, seeking an injunction to block the new law, arguing it is “an overbroad reaction to legitimate public-health concerns about youth use of tobacco products.”
A court hearing on the lawsuit is scheduled for Dec. 10.
November 25, 2020
California Asked to Repeal Flavor Ban

Photo: Denis Hiza from Pixabay
Three e-cigarette advocacy groups are asking California State General Assembly to repeal the state’s ban on flavored vaping products. The group’s leaders say an estimated 900,000 former smokers in California could be forced to switch back to smoking if the bill (CA SB793) is not overturned by referendum or repealed.
Greg Conley
“Unless California lawmakers want to force hundreds of thousands of vapers back to smoking, they need to reconsider this flavor ban,” said Gregory Conley, president of the American Vaping Association (AVA). “While voting for bans may make legislators feel righteous, the reality is that prohibition is failed public policy and never works for adult consumer products.”
The World Vapers’ Alliance, Consumer Choice Center (CCC) and the AVA, which combined represent hundreds of thousands of consumers, sent a letter to members of the California State Assembly members urging them to repeal the flavored tobacco ban bill in California to avoid pushing vapers back to combustible cigarettes.
“Instead of improving public health by reducing the number of smokers, this law will have the opposite effect: more people smoking again,” said Yaël Ossowski, deputy director at the CCC. “Moreover, these measures will push people into the illegal market and will also have a disproportionate impact on people of color, who overwhelmingly prefer flavored products and would suffer the most from criminalization and over-policing in our local communities.”
November 12, 2020
Companies Challenge Flavor Ban

Photo: Michal Kalasek | Dreamstime.com
R.J. Reynolds Tobacco Co., American Snuff Co., R.J. Reynolds Vapor Co., Santa Fe Natural Tobacco Co., Philip Morris USA, John Middleton Co., U.S. Smokeless Tobacco Co., Helix Innovations, Neighborhood Market Association. and Morija filed a lawsuit seeking to repeal the California flavor ban law on Oct. 9.
The California law bans the sale of menthol cigarettes as well as all other flavored tobacco and vapor products except premium cigars, shisha and loose-leaf tobacco beginning Jan. 1, 2021.
The lawsuit seeks a ruling that “declare[s] that the Family Smoking Prevention and Tobacco Control Act pre-empts the California ban on the sale of all flavored tobacco products, making the law invalid and unenforceable; declare[s] that the law is invalid and unenforceable under the Commerce Clause of the U.S. Constitution; [and] issue[s] preliminary and permanent injunctions preventing the enforcement and implementation of the California ban on the sale of all flavored tobacco products,” according to CSP.
California Governor Gavin Newsom signed the ban Aug. 28. Opponents filed a petition to put the question to voters in a referendum to overturn it shortly after its passage.
October 26, 2020
Activist Want Say on Flavor Ban

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Opponents of California’s recently enacted ban on the sale of flavored tobacco and vapor products are working to get a referendum on the measure, reports The Los Angeles Times.
If the referendum qualifies with the collection of 623,212 signatures, the sales ban would be placed on hold until voters are given a chance to vote on the issue, possibly in 2022.
The referendum is being pursued by a new political group called the California Coalition for Fairness
“We agree that youth should never have access to any tobacco products, but this can be achieved without imposing a total prohibition on products that millions of adults choose to use,” the group wrote in a statement. “This law goes too far and is unfair, particularly since lawmakers have exempted hookah, expensive cigars and flavored pipe tobacco from the prohibition.”
State Senator Jerry Hill, the author of the bill, denounced the plan to seek a referendum.
“California fought Big Tobacco and won,” Hill was quoted as saying. “This shameless industry is a sore loser and it is relentless. It wants to keep killing people with its candy-, fruit-, mint- and menthol-flavored poison. The adults who are hooked on nicotine aren’t enough for Big Tobacco; it wants our kids too.”
The bill was signed into law by California Governor Gavin Newsom on Aug. 28. The legislation prohibits the sale of tobacco and vapor flavors, including menthol, in the state beginning Jan 1, 2021. The legislation does not make it illegal for someone to purchase, possess or use flavored tobacco or vapor products.
September 4, 2020