California Ban on In-Store Flavored Vape and Tobacco Sales Begins

California Ban on In-Store Flavored Vape Sales Begins

As of December 21st, California has banned the in-store sale of flavored vape and tobacco products, following a failed attempt by tobacco company R.J. Reynolds and vape and tobacco retailers to obtain an injunction from the Supreme Court that would have blocked the law. This new law bans the sales in stores of vape products, with or without nicotine, in any flavor other than tobacco. It also prohibits the sale of flavored nicotine pouches, lozenges, smokeless tobacco, menthol cigarettes, and flavored small cigars. Hookah tobacco, premium cigars, and pipe tobacco are the only exemptions from the ban.

Proposition 31

This law comes after the approval of Proposition 31 on November 9th, which bans the sale of vaping and tobacco products containing non-tobacco flavors in stores. This law was challenged in federal court by R.J. Reynolds and others on the same day it was approved. The law was put on hold for two years after tobacco companies bankrolled a signature-collection campaign to put the legislation to the voters.

Online Sales Not Banned

The law does not ban online sales, but California law makes it a difficult process for retailers. California joins Massachusetts as the only states to have banned flavored vaping products along with menthol cigarettes and flavored cigars. Three other states - New Jersey, New York, and Rhode Island - currently have flavored vape bans, but sales of menthol cigarettes were left untouched.

Support from Michael Bloomberg

The financial support for the ballot initiative came almost exclusively from billionaire anti-vaping activist Michael Bloomberg, who personally outspent the entire tobacco industry. Campaign for Tobacco-Free Kids President Matthew Myers says the passage of Proposition 31 “provides powerful momentum for similar action by other states and cities, as well as by the FDA, which has proposed rules prohibiting menthol cigarettes and flavored cigars.”

Conclusion

California has joined Massachusetts as the only states to have banned flavored vaping products along with menthol cigarettes and flavored cigars. This law was put in place to protect public health and was supported by public health organizations, California Governor Gavin Newsom, and most Democratic politicians.