California's Flavored Vaping Ban Goes to Vote in November

On August 28, 2020, California Governor Gavin Newsom signed a law banning all flavored e-cigarette products and most flavored tobacco products. However, before it went into effect, the law was put on hold after opponents collected over one million signatures to present the issue to voters in a statewide "referendum" in 2022.

On November 8th, California voters will have the opportunity to reject a bill passed by the state legislature by voting against Proposition 31. Electronic cigarette users and menthol cigarette smokers are expected to oppose the measure. The question remains whether there will be enough e-cigarette (and cigarette) users who will make the effort to vote during a non-presidential election year.

What will happen at the Proposal Meeting on the 31st?

The ban covers all flavored electronic cigarette products sold in physical stores, including zero-nicotine e-liquids and "flavorings," which may include disposable DIY mixes. The law will also prohibit menthol cigarettes, flavored little cigars, snus, and other smokeless tobacco. Premium cigars, pipe tobacco, and hookah products are not affected by the ban.

If approved by voters, the ban would prohibit California stores from selling any flavored e-cigarette products (excluding tobacco flavor) even if they are ultimately approved by the FDA. While the law would not ban online sales of flavored e-cigarettes, California would make this process somewhat difficult.

If passed, the flavor ban will take effect immediately after the vote, possibly within a matter of days.

The other four states - Massachusetts, New Jersey, New York, and Rhode Island - have already passed flavored e-cigarette bans by the end of 2019 or early 2020.

How to Register and Vote in California.

Voting in California is now an entirely painless process. The use of mail-in ballots has eliminated any excuse for not voting against Proposition 31.

California residents can register to vote online or in person by October 24th. As long as their vote is postmarked before November 8th, they can mail in their ballot or deliver it in person before November 8th. There is also a process for registering and casting a conditional vote after the deadline.

Who is in favor of and against the proposal on the 31st?

Almost all public health and tobacco control organizations, as well as California Governor Gavin Newsom and the majority of Democratic politicians, support Proposition 31. The funding for the California Children's Services has been led by billionaire anti-nicotine activist Michael Bloomberg, who has contributed over $4 million to the cause.

Although electronic cigarette and nicotine consumer group CASAA is urging its members not to vote on the proposed legislation on the 31st, all organized support (and funding) to prevent the spice ban in California comes from the tobacco industry.

Californians who oppose the anti-smoking law are largely funded by tobacco giants Philip Morris USA (a subsidiary of the Altria Group) and RJ Reynolds Tobacco Co. (a subsidiary of British American Tobacco). Each major cigarette company has contributed more than $10 million to this cause.

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