California Cities Ban Flavored Tobacco to Fight Teen Addiction

This summer, the largest city in Silicon Valley, San Jose, will be removing flavored tobacco products from store shelves as part of a public health campaign aimed at reducing nicotine addiction in young people. Dozens of other cities in California, including Sacramento, have also implemented bans. The state's largest cities, Los Angeles and San Diego, will be implementing similar bans in January of next year.

John Tokhi on the right stated that his shop has lost approximately 80% of its sales since the seasoning tobacco sales ban went into effect in San Jose in July. (Image source: Zinnia Finn/KHN)

Despite actions taken by communities throughout the state, California will decide in November whether to impose one of the most comprehensive statewide flavored tobacco bans in the country by completely prohibiting physical retailers from selling flavored cigarettes and e-cigarettes (including menthol), as well as banning the sale of nicotine-containing candies that are not approved by the FDA.

The problem lies with a 2020 state law that was intended to ban the sale of flavored products but was never enforced. In the days following its passing, big tobacco companies launched a statewide ballot measure to overturn the law. If successful, the more restrictive local ordinances will remain in place and the state law will be overturned.

San Jose began banning the sale of flavored tobacco products on July 1. On a recent Tuesday, Joseph Smith, a local resident who works at a tobacco shop, said that a friend gave him a mint-flavored cigarette when he was 12 years old. Now 30, he switched to vaping two years ago — under the city’s ban, disposable e-cigarettes are illegal to sell. Smith said that while he doesn't support Big Tobacco's marketing tactics, he also doesn't support taking away people's freedom to purchase products they enjoy from local stores.

Smith commented on the tobacco industry, stating, "They profit from people's lives. But overall, I still believe that people have the right to do what they want." Supporters of local ordinances and statewide bans argue that these measures primarily aim to protect young people from addiction, as Smith has also done.

Former state senator warns of flavored tobacco use leading children to nicotine addiction and profiting from addiction, disease, and death. Jerry Hill, the author of the 2020 law, recently told lawmakers in a legislative hearing on voting measures, "If we can save even a few lives by discontinuing the sale of candy-flavored tobacco, it's worth it.

A survey conducted by the Centers for Disease Control and Prevention in 2021 found that approximately 75% of middle school students and 80% of high school students who use tobacco products are using flavored products that are often marketed with "child-friendly flavors such as berry, cherry, apple, cotton candy and bubble gum." These products mask the characteristics of tobacco and serve as a gateway for underage smoking.

In 2020, it is estimated that 4.5 million middle and high school students used tobacco products. According to a survey by the Centers for Disease Control and Prevention (CDC), prior to the outbreak of the pandemic, the number of young smokers on school campuses steadily increased from 3.6 million in 2017 to 6.2 million in 2019.

Kevin Schroth, Associate Professor at the Rutgers School of Public Health, stated that "this is not good for the developing brains of young people." Previously working in tobacco control policy in New York City, Schroth was involved in the ban of flavored tobacco sales in 2009. "They have no reason to be addicted to these products.

According to the Smoke-Free Kids campaign, if Californians adhere to state law, their state will be the fifth in the country to adopt a flavored tobacco ban, following Rhode Island, New Jersey, New York, and Massachusetts. There are approximately 345 localities nationwide that prohibit the sale of flavored tobacco products.

However, some of these laws, including those in California, have clear loopholes, such as allowing for the sale of high-quality cigars, hookah, pipe tobacco, and online purchases. While some cities and states prohibit online sales, others cite concerns about regulating interstate commerce, which has led to federal government action. The Food and Drug Administration (FDA) proposed rules in April banning the manufacture, distribution, and sale of menthol cigarettes and flavored cigars, but these rules have yet to be finalized.

In June, the agency ordered e-cigarette company Juul to stop selling its product, but after the company filed a federal lawsuit, the ban was temporarily lifted a week and a half later. The US Food and Drug Administration stated that further scientific review was necessary for its order. Meanwhile, legislation to ban the sale of flavored tobacco in Congress has stalled.

The tobacco industry spent nearly $22 million to overturn a California law, while supporters of the ban spent $5.7 million. "NO on Prop 31" campaign spokesperson Beth Miller stated via email that government regulations limit the choice of adult smokers and deprive some people of alternatives to quit smoking. Miller said the movement agrees that "youth should never have access to any tobacco products," and since 2016, these products have been illegal in California for anyone under 21.

However, public health officials stated that flavored products are clearly marketed towards minors. For example, a 2021 survey conducted in Santa Clara County found that 93% of high school students who had used tobacco had chosen flavored products. Among those who reported vaping, just over half said they had purchased their own e-cigarette.

It is premature to determine whether the flavor ban is effective in San Jose.

In a photo from Zinnia Finn/KHN, John Tokhi and a customer are seen inside a tobacco store. John Tokhi, co-owner of Houdini's tobacco shop in downtown, shared that approximately 80% of flavored tobacco sales have shifted to neighboring cities where it remains legal. He explained that prior to the ban, warm summer nights would attract lines of patrons and concert-goers, but these crowds have since moved on to other stores.

The back shelves of his shop once displayed flavored electronic cigarettes, but now they are nearly empty, with only nicotine-free e-cigarettes available. "There are a lot of angry customers," says Tokhi. "They're really frustrated. They don't want to go further to buy cigarettes.

A study has shown that flavoring tobacco laws can help curb youth usage. In New York City, for instance, public health officials analyzed the decline in flavored tobacco sales and concluded that after four years of the local ban being passed, the likelihood of teenagers trying flavored tobacco had decreased by 37%.

Dr. Achala Talati, director of tobacco policy and programs at the New York City Bureau of Chronic Disease Prevention, stated that young people often enjoy sharing flavored tobacco with friends. Therefore, she said that reducing the supply of flavored products can decrease young people's exposure to nicotine. Talati said, "If you can't see it, you use less of it.

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