Flavored tobacco ban california 2020

On August 28,California passed a broad law prohibiting the sale of most flavored tobacco products. For more on the law, known by its bill number SB, see our companion blog post. Three days later, on August 31, a proposed referendum was submitted to the Attorney General of California. If this referendum qualifies for the ballot, SB will be suspended until the referendum vote in the general election. This blog post describes the process going forward for the proposed referendum.

The first step is to submit the text of the proposed referendum to the Attorney General, which the proponents have done. Press reports note that the three individuals submitting the petition have tobacco industry ties. The Attorney General then had 10 days to prepare a circulating title and summary of the chief points and purposes of the measure.

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On September 10,the Attorney General met this requirement, clearing the petitions for circulation. The Attorney General provided a copy of the following title and summary to the proponents and to the Secretary of State, who then notifies county elections officials:.

If the required number of registered voters sign this petition and the petition is timely filed, there will be a referendum challenging a law on the next statewide ballot after the November 3, general election.

The challenged law prohibits the retail sale of certain flavored tobacco products and tobacco flavor enhancers. The referendum would require a majority of voters to approve the state law before it can take effect. The next step is for the proponents to collect enough signatures of registered voters for the referendum to qualify to be placed on the ballot. The current requirement issignatures 5 percent of the votes cast for all candidates for Governor in For the SB referendum, this would fall on Thanksgiving, so the date signatures are due is adjusted to the following Monday, November 30, The law requires that petitions be printed in a specific format and that the top donors to the referendum campaign be disclosed either on the petition or in a separate document presented to signers.

For this referendum, the disclosed top funders are tobacco companies R. Reynolds and Philip Morris. Once signatures are collected, the petitions are submitted to county elections officials, who have eight days to submit raw counts to the Secretary of State. When the statewide total exceeds the signature requirement, the Secretary of State directs the counties to randomly verify a sample of signatures. The counties have 30 working days to complete this task.Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.

A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor. Components of a hookah may include heads, stems, bowls, and hoses. A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

Senate Bill No. An act to add Article 5 commencing with Section SBHill. Flavored tobacco products. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified.

The bill would state that its provisions are severable. By creating a new crime, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows:.

Article 5 commencing with Section Tobacco Sale Prohibition. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.Days after concerns over youth vaping led the Trump administration to announce a partial ban on many e-cigarette pods, California lawmakers on Monday introduced a much stronger measure to outlaw store sales of all flavored tobacco products in the state.

Food and Drug Administration that the pods are safe. Senate Bill would prohibit flavored products not covered by the federal ban, including menthol-flavored cartridges and refillable, tank-based vaping systems that can be filled with flavored chemicals.

It would also outlaw flavors for traditional combustible cigarettes and cigars, as well as for chewing tobacco and hookah pipes. The measure does not apply to products available on the Internet, including those sold by out-of-state businesses. It is supported by health and youth advocacy groups.

The legislation was announced by a bipartisan group including Democratic Lt. Eleni Kounalakis and 30 lawmakers led by Sen. Massachusetts will permanently prohibit flavored tobacco sales starting in June. The lawmakers cited a federal study that found some 5 million middle and high school students in reported having used e-cigarettes in a recent day period, an increase from 3. The National Youth Tobacco Survey released by the Centers for Disease Control and Prevention and the Food and Drug Administration found nearly 1 million of the students reported daily use, and estimated that nearly two-thirds of high school students who use electronic cigarettes do so with menthol or mint flavors.

This flavor ban will help them break free, as well as prevent more young people from becoming addicted in the first place. In light of skyrocketing use, the restrictions announced by the Trump administration last week do not go far enough, said Jim Knox, managing director for the American Cancer Society, Cancer Action Network in California.

The Vapor Technology Assn. The head of the group said the companies agree the devices should be kept away from minors. After it was confronted with public backlash to youth vaping, Juul announced last year that it would stop selling some e-cigarette products, including mint flavor, and suspended all broadcast, print and digital product advertising in the U.

A similar attempt by Hill to ban all flavored tobacco products faced opposition from industry groups and was scuttled last year after other lawmakers weakened it, drawing opposition from health groups. Assemblyman Adam Gray D-Mercedchairman of the Assembly Governmental Organization Committee, later proposed a narrower bill that would allow flavored products to be sold at age-restricted vape and tobacco stores, and online with age-verification technology.

Gray also would have allowed e-cigarette products with menthol and mint flavors to be sold by some retailers, including liquor stores and gas stations. The assemblyman held the measure back from a vote last year to consider adding a new tax on vaping products to help pay for enforcement.

Still, the new legislation faces a challenging road at the Capitol, where the tobacco industry has held influence in the past.

The bill is the latest in a series of actions by California officials who are wrestling not only with an increase in vaping by minors, but also an outbreak of lung-related illness. The Centers for Disease Control has reported 2, hospitalizations and 52 deaths nationally that are believed to be tied to vaping.

In response to the health crisis, Gov. Gavin Newsom issued an executive order in September calling for state agencies to develop a plan for increased enforcement to reduce illegal vaping by underage users.

The governor declined to comment Monday on whether he would sign the new bill. In November, California Atty. Xavier Becerra filed a lawsuit against Juul Labs alleging the vaping brand targeted young people through advertising and failed to give warnings about health risks posed by using e-cigarettes with nicotine.California voters could be asked to overturn a new law banning the sale of flavored tobacco after opponents notified the state Monday of plans to seek a referendum on the measure.

A notice was filed with the state by an attorney who has represented firms including R. Reynolds, which led the opposition campaign to Senate Bill Gavin Newsom signed the bill on Friday and it takes effect Jan. He did not respond to requests for comment on who is behind the referendum. If opponents qualify the referendum by collecting the signatures ofregistered voters, the tobacco ban would be placed on hold until voters are given a chance to weigh in, possibly in The referendum is being pursued by a new political group called the California Coalition for Fairness.

A representative for the group did not respond to questions seeking the identity of its members.

flavored tobacco ban california 2020

State Sen. Jerry Hill D-San Mateothe author of the bill, denounced the plan to seek a referendum. It wants to keep killing people with its candy- fruit- mint- and menthol-flavored poison.

What the Referendum on California’s Flavored Tobacco Sales Ban Means

The new law bans the retail sale of flavored tobacco products including menthol. Reynolds ran a television ad campaign against the legislation that drew criticism from Black community leaders for claiming the bill singled out people of color. Hill introduced the legislation in response to a spike in teen use of electronic cigarettes and flavored tobacco products. Another proponent listed on the referendum filing, Jaime Rojas, was a spokesman for a tobacco industry campaign to overturn a ban on flavored tobacco in San Francisco.

flavored tobacco ban california 2020

He also could not be reached for comment. Get up to speed with our Essential California newsletter, sent six days a week. You may occasionally receive promotional content from the Los Angeles Times. Patrick McGreevy is a reporter covering California state government and politics in the Sacramento Bureau.

The complete list of L.

flavored tobacco ban california 2020

Your guide to the election in California. It is all here. How to vote. Where to vote. What issues are on the ballot in California and Los Angeles County. Hot Property. About Us. Brand Publishing. Times Events. Times News Platforms. Times Store. Facebook Twitter Show more sharing options Share Close extra sharing options. Menthol cigarettes, pictured, will be banned for sale in California under a new law, but the tobacco industry gave notice it plans to seek a referendum to overturn the law.

Enter Email Address.The new law, aimed at keeping flavored tobacco products away from youth, was cast by opponents as being discriminatory against African American smokers who favor menthol cigarettes.

Cotton candy vape, tropical fusion cigarillos and menthol cigarettes will be extinct in California after a bill aimed at stopping kids from getting addicted to tobacco sailed through the Legislature today— and the governor almost immediately signed it. This time, the bill was helped along by skyrocketing vaping among teens, several marijuana vape-related deaths last year, concerns about respiratory health amidst the COVID pandemic, a shortened legislative session and a supportive governor.

The billSBbans the sale of all flavored tobacco products — from bubblegum to mango to menthol. The prohibition includes pods for vape pens, tank-based systems, menthol cigarettes and chewing tobacco. It initially included premium cigars and hookah tobacco, but those were later exempted from the proposal. Menthol flavor, including menthol cigarettes, were the focus of the pushback.

Funded by tobacco companies, the opposition campaign alleged that the bill unfairly goes after products preferred by smokers of color while leaving hookah and premium cigars untouched.

Phil Gardiner, co-chair of the national African American Tobacco Control Leadership Council, and other supporters were on the Zoom call with the governor today when he signed the bill.

Gavin Newsom not to sign the bill. I wish they would have heard us. Earlier in the day, Newsom had signaled his strong support for the bill, authored by San Mateo Democratic Sen. Jerry Hill.

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A confluence of factors helped push the measure forward this year, including a rare move by Assembly Speaker Anthony Rendon, a Los Angeles Democrat, who lent his name to the bill as a coauthor in a show of support.

Keep tabs on the latest California policy and politics news. By clicking subscribe, you agree to share your email address with CalMatters to receive marketing, updates, and other emails from the site owner.

Use the unsubscribe link in those emails to opt out at any time. She said that companies often enlist and fund local advocates and groups to rally their cause. Online and print ads accused the bill of being bad for communities of color who use menthol at higher rates than other groups.

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Bad law. Bad consequences. Supporters contend the new law will decrease smoking rates— especially in the Black community, where people experience higher rates of smoking-related illnesses such as heart disease, hypertension and lung cancer. In a statement, Kaelan Hollon, spokesperson for Reynolds American, a tobacco company, said the ban unfairly targets adults who prefer menthol cigarettes and treats them differently than those who prefer flavored hookah or cigars.

Tullos said he did not know if it received funding from tobacco companies. Despite what lawmakers say, Tulloss said he believes this could lead to increased encounters between Blacks and law enforcement over the illicit sale of menthol cigarettes, or questions about the use or possession of the smokes.Gavin Newsom signed a bill on Friday that outlaws the retail sale of flavored tobacco products in California after condemning the tobacco industry for targeting young people.

The new law, which takes effect Jan. Newsom said during a news conference hours before signing the measure that he had long supported a ban. The state Senate voted Friday to give final approval to the bill by Sen.

Advocates for the bill denounced those claims as inaccurate and responded with another ad that argued flavored tobacco products have been heavily marketed to communities of color and pose disproportionate health risks to Black residents. Hill has tried unsuccessfully in past years to pass a flavored tobacco ban.

California is the second state, following Massachusetts, to ban all tobacco flavors, including menthol.

California bans flavored tobacco sales in response to a surge in teen use

Other states including New York and New Jersey have banned flavored e-cigarette products. In addition, 78 cities and counties in California, including Los Angeles County, have also passed restrictions on flavored tobacco. Representatives of Reynolds American Inc. The Vapor Technology Assn.

California Approves Ban on Flavored Tobacco

Get up to speed with our Essential California newsletter, sent six days a week. You may occasionally receive promotional content from the Los Angeles Times.

Patrick McGreevy is a reporter covering California state government and politics in the Sacramento Bureau. The complete list of L. Your guide to the election in California. It is all here.

flavored tobacco ban california 2020

How to vote. Where to vote. What issues are on the ballot in California and Los Angeles County. Hot Property. About Us. Brand Publishing.California moved to join Massachusetts on Friday, and is perhaps only days away from becoming the second state to ban the sale of flavored tobacco products, most notably menthol-flavored cigarettes such as British American Tobacco 's NYSE:BTI Newport brand. On Friday, the California State Senate voted to pass a law banning the sale of flavored tobacco products, including e-cigarettes, just days after the California State Assembly approved the measure, British America Tobacco's Reynolds American subsidiary had lobbied against the measure, saying it would disproportionately affect "communities of color.

But the bill appears almost certain to be signed into law given the support it's received in the legislature and from Gov.

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Gavin Newsom. The governor has until Sept. The law is likely to affect British American Tobacco more than other tobacco companies. The hit won't be huge right away. But if Massachusetts and California are the start of a trend, the sales of all cigarette companies could eventually be at greater risk.

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