After California voters passed a statewide ban on flavored tobacco products last November, it is time to start wondering when this law will take effect. The answer is around December of this year.
The ban prohibits the sale of menthol cigarettes, flavored cigars, and flavored e-cigarettes in stores across California. Proponents of the ban say it will help to curb a nationwide youth vaping epidemic.
What is the Flavored Tobacco Ban?
The Flavored Tobacco Ban is a law restricting the sale of flavored tobacco products. These include e-cigarettes, cigarettes, and cigars. These products can come in various flavors, including candy, fruit, dessert, and cocktail.
As a result of this ban, retailers will no longer be allowed to sell menthol cigarettes and most flavored tobacco products. They will also be fined $250 if they are found to be marketing or offering these products.
According to the FDA, flavored tobacco products have increased nicotine use among youth and young adults. It is because they appeal to these groups.
Additionally, a large number of these products are marketed to minorities. The tobacco industry has disproportionately targeted these populations with menthol cigarettes and other flavored combustible products.
A ban on these products would help address the national youth vaping epidemic. It could also be beneficial to smokers trying to quit.
Currently, several states and localities have enacted flavored tobacco product restrictions. In addition to the state of California, these prohibitions have been passed in New Jersey and Rhode Island.
When Will Flavored Tobacco Ban Take Effect?
When does the flavored tobacco ban take effect, it will be against the law to sell flavored cigars, menthol cigarettes, and flavored e-cigarettes in retail settings. All tobacco products sold in California will be subject to the ban.
The ban took effect Wednesday following the Supreme Court’s rejection of a bid by the tobacco industry to block the law. Proponents said the ban would help curb a national youth vaping epidemic.
“Flavors hook kids,” says the Campaign for Tobacco-Free Kids president Matt Myers. He cited research that shows most teens who start smoking nicotine products do so with flavored cigarettes, gums, or other tobacco products.
Myers, a pediatrician, said he had seen the effects of flavored nicotine on his patients’ health. He also said he believes the ban will help reduce the number of young people who are addicted to nicotine, which kills more than 48,000 Americans every year.
Meanwhile, in other parts of the country and abroad, governments are moving against flavored tobacco products. Menthol e-cigarettes have been banned in the European Union, and several countries have removed menthol from all flavored tobacco products.
In Los Angeles County, the Board of Supervisors passed a ban on flavored tobacco sales four months ago. It is one of the first statewide bans, and it comes after years of public hearings and briefings.
What is the Penalty for Selling Flavored Tobacco?
The state’s new law bans the sale of most flavored tobacco products, including menthol cigarettes and e-cigarettes, with some exemptions. For example, flavored premium cigars with a wholesale price of $12 or more and flavored loose-leaf pipe tobacco are not subject to the ban.
The law also introduces a new graduated acceptable scheme to enforce tobacco sales laws, with the first offense being the lowest and subsequent violations in three years triggered by higher penalties. While no local action is required, municipalities may consider implementing the fine schedule as part of their local regulations to assist retailers in navigating the system.
Across the country, flavored tobacco sales are outlawed in many jurisdictions. In Sacramento, code enforcement managers say they regularly inspect tobacco stores and have seen a spike in violations of the city’s ban on flavored cigarettes since it was enacted in 2020.
The Supreme Court on Monday rejected a challenge by a group of retailers and tobacco companies who claim that a 2009 federal law trumps state and local laws that set standards for tobacco products that differ from national averages. It was not an easy win, but the high court ruled that the best possible answer to this question is no. The best way to prevent teen smoking is through a comprehensive public education program and by supporting smoke-free outdoor dining and tobacco sales policies.
What is the Exemption from the Flavored Tobacco Ban?
Tobacco products that contain an ingredient that imparts a “characterizing flavor” are subject to the ban. It includes cigarettes, cigars, e-cigarettes, vape pens and cartridges, hookah, and flavored pipe tobacco.
A “characterizing flavor” is a taste or smell that does not correspond to the taste or smell of tobacco. It could be something as simple as mint, cinnamon, candy, or confectionery flavor.
As a result, many cities and counties across the country have passed their flavored tobacco sales bans. These laws often restrict flavored tobacco sales to adult-only stores or tobacco bars.
Some states have gone a step further and banned the sale of flavored cigarettes altogether, making it illegal to purchase any flavored tobacco in the state. That makes it easier for people to quit, advocates say.
While the law is imperfect, the ban is a win for those trying to stop tobacco use in California. It will reduce young people’s access to flavored cigarettes and e-cigarettes and make it harder for them to become addicted to nicotine.
Although the law took effect on Dec. 21, 2022, retailers can start changing their business and stock. They should be aware of the new law and how to enforce it and consider adding signage informing shoppers that flavored tobacco is illegal in California.
