California to Vote on Ban of Flavored Tobacco Products

Sep.13.2022
California lawmakers consider ban on flavored tobacco products, including e-cigarettes, to reduce harm to youth and public health.

California state senator Steve Glazer, D-Orinda, displayed a box of flavored electronic cigarettes as he discussed his support for a measure proposed by state senator Jerry Hill, D-San Mateo (left), that would ban flavored tobacco products from being sold in stores and vending machines across California, pending approval from the legislative body and signature from the governor. Assembly member Kevin McCarty from Sacramento is pictured on the right. (Source: Rich Pedroncelli)


On November 8, 2022, Californians will have the opportunity to vote on a measure that would ban the sale of flavored tobacco products statewide. Proposition 31 would overturn Senate Bill 793, which passed in 2020 but has not yet gone into effect, and would specifically prohibit the sale of flavored e-cigarettes, menthol cigarettes, as well as fruit and candy-flavored products like sour apple and gummy bear.


If there were no ban, Californians would be better off, and this has had a disproportionate impact on the e-cigarette market. By pushing users towards flavorless tobacco products, typically cigarettes, it does more harm than good. Tobacco policies should focus on harm reduction - the harm of e-cigarettes is lower than smoking.


On one hand, it should be noted that the lawmakers of the state deserve congratulations for recognizing the cost of SB 793. For instance, because the initial version of the ban included pipe tobacco, Doug Shaw of Sanctuary Tobacco in San Luis Obispo planned to close his store. Fortunately, the law was amended to exempt pipe tobacco.


National tobacco policies have often gone too far. When it comes to flavored e-cigarette products, the focus is on minors. As California lawmakers who authored SB 793 noted, "the tobacco industry uses candy, fruit, and other enticing flavors as strategic weapons to addict a new generation.


Concerns about minors are an important policy issue, but the scope is too broad. Adults also enjoy similar tastes. Upon perusing any cocktail menu at a bar, one can find similar-tasting drinks. Don't forget the fruit-flavored alcoholic sodas and craft beers on grocery store shelves.


Fruit-flavored electronic cigarettes are not only attractive to adults, but they may also be safer than traditional cigarettes which may be banned in the state. Burning tobacco in a paper "tube" releases nicotine, as well as tar and other additives into the smoker's lungs. As far as reducing the harm of tobacco products, banning flavored tobacco (primarily electronic cigarettes) products would do more harm than good.


The majority of the harm from smoking bans arises from the increased difficulty of quitting smoking. Studies show that e-cigarettes can be a valuable tool to help people quit smoking.


Journalist Jacob Grier, who focuses on the tobacco and alcohol industries, recently pointed out that England's health department is actively promoting electronic cigarettes as a smoking cessation tool. Californians would be better off looking at these international examples, instead of allowing SB 793 to take effect.


The safety of e-cigarettes does not mean they are entirely risk-free. They may pose a danger of exposing users to carcinogenic substances. However, a balanced approach that considers economic and public health factors should focus on limiting and reducing harm. As James Prieger, an economist at Pepperdine University, notes in his research on e-cigarettes, "there is significant uncertainty regarding their long-term effects, but it is almost certainly true that using e-cigarettes is healthier than smoking.


However, despite this, the issue of tobacco use among minors remains an important public policy issue. However, we can once again find a reason to be concerned that the ban may do more harm than good. Adolescents who use electronic cigarettes are also adolescents who smoke. In a hypothetical group of 100 high school students who do not use tobacco or nicotine products, only 2% regularly use electronic cigarettes.


Research is currently underway regarding widespread bans on menthol and flavored tobacco, such as California's SB 793. However, previous age restrictions on e-cigarettes have not effectively reduced tobacco use. Dr. Michael Pesko of Cornell University studied the impact of age restrictions on the purchase of e-cigarettes. His research shows that these restrictions have not stopped students from consuming nicotine - they simply switch from e-cigarettes to traditional cigarettes.


SB 793 also affects certain groups, who often prefer menthol cigarettes (which were introduced in the 1950s and hold 30% of the US market). This encourages more smuggling activity which is now undermining the state's revenue from consumption taxes and could lead to more dangerous interactions between smokers and the police.


Californians should be aware of the inevitable alternatives that come with the regulation of nicotine sources. Banning flavored e-cigarette liquids may lead some people to switch to riskier smoking alternatives. Public health policies should reflect the relative risks of consumption activities - even flavored tobacco products are not as dangerous as traditional cigarettes.


Statement:


This article is compiled from third-party information and is intended for industry exchange and learning purposes only.


This article does not represent the views of 2FIRSTS, and 2FIRSTS cannot confirm the authenticity or accuracy of the article's content. The translation of this article is only intended for industry-related communication and research.


Due to limitations in the level of translation, the translated article may not fully express the same meaning as the original. Please refer to the original article.


2FIRSTS maintains complete alignment with the Chinese government regarding any domestic, Hong Kong, Macau, Taiwan, or foreign related statements and stances.


The copyright of compiled information belongs to the original media and author. If there is any infringement, please contact us to request removal.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona's First Things First is pushing for an excise tax equal to 50% of the retail price of vaping products, estimating that the measure could generate about $100 million annually. The agency says its tobacco-tax revenue has fallen 47% from 2008 levels. Arizona has attempted to broaden its nicotine tax base in each of the past two years: a 2025 bill proposed a 50% wholesale-price tax, while a 2026 measure shifted to a 50% retail-price tax covering alternative nicotine products and vapor products. Separately, the state enacted HB 4001 this year to establish a new licensing and sales framework for alternative nicotine products.
Sep.21
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
The U.S. Food and Drug Administration has revised the rules under Import Alert 98-07 to incorporate its May 2026 enforcement-priority policy for certain electronic nicotine delivery systems marketed without premarket authorization. The alert continues to allow detention without physical examination, or DWPE, for ENDS lacking required marketing authorization, while directing field divisions to apply the May risk-based framework. When necessary, detention or refusal decisions must also undergo review by the FDA's Center for Tobacco Products. Products including PACHA and Vuse Pro have already emerged as industry examples of the May policy, although enforcement discretion does not constitute FDA marketing authorization.
News
Sep.28 by 2Firsts Perspectives
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI nicotine pouch brand Nordic Spirit has entered a long-term partnership with Manchester’s Co-op Live, becoming the venue’s Official Nicotine Pouch Partner. The 23,500-capacity venue is the UK’s largest indoor live entertainment arena. Nordic Spirit will run in-venue activations for existing adult nicotine consumers and sell products at selected arena bars. The agreement was entered into before the relevant UK sponsorship restrictions were introduced, while the government intends to implement a comprehensive ban on advertising and sponsorship of vaping and nicotine products from June 1, 2027.
Sep.07
PMI Showcases ZYN, IQOS and U.S. Investments at NACS Show 2026
PMI Showcases ZYN, IQOS and U.S. Investments at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Philip Morris International (PMI) showcased its ZYN nicotine pouches, IQOS heated tobacco products and U.S. investments. A 2Firsts review of FDA records found that several ZYN products displayed at the booth were not on the agency's marketing authorization list, including certain nicotine strengths and flavors. A PMI booth representative also confirmed that IQOS is currently sold in three U.S. states, while the newer IQOS ILUMA system remains under FDA review.
EXPO
Oct.10
JTI Invests ₱2.1 Billion to Upgrade Batangas Manufacturing Hub, Adds First Southeast Asia DIET Facility
JTI Invests ₱2.1 Billion to Upgrade Batangas Manufacturing Hub, Adds First Southeast Asia DIET Facility
JTI Asia Manufacturing Corp. has invested ₱2.1 billion, or about $37 million, in its manufacturing site in Malvar, Batangas, Philippines, to expand tobacco-processing capabilities. About ₱1.9 billion is allocated to JTI's first Dry Ice Expanded Tobacco, or DIET, facility in Southeast Asia, while more than ₱177 million has been spent on expanding its Controlled Atmosphere treatment facility. The Batangas plant supplies the Philippine market and exports to 22 overseas markets, making it one of JTI's key manufacturing hubs in Asia.
Sep.24
Global Nicotine-Pouch E-Commerce Group Haypp Shuts Sweden’s Snusnetto Over Age Verification as Identity Checks Become Industry Infrastructure for New Nicotine Products
Global Nicotine-Pouch E-Commerce Group Haypp Shuts Sweden’s Snusnetto Over Age Verification as Identity Checks Become Industry Infrastructure for New Nicotine Products
Sweden's Supreme Administrative Court has declined to hear an appeal over age verification for tobacco and nicotine products collected from parcel lockers, leaving in place a lower-court ruling that geo-located BankID verification is insufficient to securely verify the actual recipient. Haypp Group has stopped tobacco and nicotine sales through Snusnetto and is deploying a new system across its other Swedish e-commerce sites to verify the age of the person who actually opens the locker and receives the shipment. The change comes as age verification across next-generation nicotine products expands from purchase checks into retail, delivery and, for some e-cigarettes, device access itself.
Regulations
Oct.20