Ban on flavored tobacco begins this week in California

SOUTH LAKE TAHOE, Calif. - The sale of flavored tobacco begins this week in South Lake Tahoe and the rest of California despite a plea from tobacco companies to postpone the ban. Last week, the California Supreme Court rejected a plea from the tobacco industry to block the state's ban on flavored tobacco products.

The ban, Proposition 31, was overwhelmingly passed by California voters in November. Los Angeles, San Francisco, and Sacramento have already adopted local bans on flavored tobacco, and now the rest of the state will follow.

The ballot measure upheld a 2020 state law that banned the retail sale of menthol cigarettes and most flavored tobacco products in the state for all ages. That law though was on hold pending the November ballot vote due to campaigns by tobacco companies to invalidate it.

Youth Use

According to the American Lung Association, the adult smoking rate declined from 21.6 percent in 2003 to 14.0 percent in 2019. At the same time, close to 4.5 million youth used tobacco products in 2020, and more than two million high school and middle school students reported using e-cigarettes in 2021.

Vaping products have been an issue in South Lake Tahoe schools as well, with numerous vape pens and other devices confiscated weekly.

Youth “vaping” of e-cigarettes has been called a national epidemic by the U.S. Surgeon General, and the vast majority of young people’s first experience with vaping involves flavored tobacco products, which range from menthol to candy and dessert flavor.

JUUL Labs, the leader of flavored vape juies, reports each five percent (nicotine-by-weight) cartridge contains approximately 40 mg nicotine per pod and is 'approximately equivalent to about one pack of cigarettes.' Studies show the same youth who use these vape items say they would never smoke a cigarette.

The El Dorado County Health and Human Services Agency hosted a Town Hall, "Impact of Vaping on Our Youth," at Herbert Green Middle School just before November's election.

Statewide data show that the use of vaping products continues to increase rapidly among youth, including those in El Dorado County. According to data from the California Healthy Kids Survey — a statewide survey of students periodically conducted throughout California schools — the percentage of El Dorado County 11th-grade students who reported ever vaping rose from 32 percent in 2015 to 44 percent in 2019, representing a 38 percent increase. The percentage of El Dorado County 11th-graders who said they were currently using vape rose from 11 percet in 2015 to 28 percent in 2019, an increase of 155 percent.

"Nicotine, found in vaping products, is highly addictive," said Kristin Becker, El Dorado County Public Health program manager at the Town Hall. "The majority of people (three out of four) who start using nicotine as a young person will continue to use it into adulthood. Adolescents are going through critical periods of growth and development and are particularly vulnerable to the effects of nicotine. One of our ultimate goals for hosting this town hall meeting is to partner with the community on effective strategies to prevent youth from starting the use of tobacco and vaping products."

The Ban

On December 21, retailers will be required to stop selling, offering to sell, and possessing with the intent to sell flavored cigarettes and tobacco products banned by the law.

Banned flavored cigarettes and tobacco products Upon the effective date of the law, cigarette, and tobacco product retailers, including their employees or agents, may no longer sell, offer for sale, or possess with the intent to sell:

• Menthol cigarettes;

• Electronic cigarettes or vape devices that contain or are sold with a flavored liquid or element regardless of whether it contains nicotine;

• Flavored e-liquids, e-juices, or pods regardless of whether it contains nicotine;

• Components, parts, or accessories of a tobacco product that contains or is sold with a flavored constituent regardless of whether it contains nicotine;

• Flavored little cigars or cigarillos, smokeless tobacco, loose-leaf roll-your-own tobacco, blunt wraps, or rolling papers;

• Tobacco product flavor enhancers.

The law does not apply to flavored premium cigars with a wholesale price (retailer’s purchase price) of $12.00 or more and flavored loose-leaf pipe tobacco. Flavored shisha/hookah may be sold in licensed retail stores that only admit persons 21 or older and operate in accordance with all state and/or local laws.

A single cigarette can contain as little as 6 milligrams of nicotine on the low end, and as much as 28 milligrams on the high end. Most cigarettes, on the other hand, contain between 10 and 12 mg of nicotine per stick. When comparing nicotine intake to cigarette levels, average smokers prefer vape nicotine doses of 3 to 15 milligrams per mL. Vape juices with a nicotine level of up to 24 milligrams per milliliter are preferred by smokers with a higher daily tolerance, according to Juicefly.com.

Enforcement and penalties Local law enforcement agencies are authorized to enforce this new law. A retailer who is guilty of an infraction will be subject to a fine of $250 for each violation.