In Santa Cruz County, the phrase 'Smoke 'em if you got 'em' no longer applies to flavored tobacco products. On July 15th, the city of Scotts Valley will join Santa Cruz, Capitola, and Watsonville, along with unincorporated areas of the county, in banning the sale of tobacco products that have a flavor or odor 'other than tobacco.'
Santa Cruz County becomes the second county in the state to ban the sale of flavored tobacco products in all jurisdictions, with a population of over 273,000 making it the largest county to do so. The small county of Mono with a population of only 14,395 has also implemented a similar ban. Over 100 jurisdictions now have restrictions on these types of products throughout the state, with some being less severe than the current local regulations.
Additionally, the November ballot initiative in California, pushed by RJ Reynolds, could upend efforts throughout the entire state.
Next month, when the Scotts Valley law takes effect, the sale of flavored tobacco products, including candy and fruit flavored products, as well as mint flavored cigarettes, will be banned throughout the county. This will be followed by a county-level ban set to take effect in 2019, and subsequent bans in cities such as Santa Cruz, Capitola, and Watsonville. Watsonville will take its restrictions even further, banning the sale of electronic smoking devices.
Due to the pandemic and the CZU Lightning Complex fire, the ban in Scotts Valley will be postponed until this year. The city has also decided to include a significantly expanded outdoor dining area in addition to other public spaces.
New laws in the Scot's Valley as well as other jurisdictions apply to the sale of tobacco products.
In addition, Santa Cruz, Capitola, and unincorporated areas of the county have banned the use of electronic cigarettes and flavored tobacco products in outdoor dining areas. Watsonville may consider implementing a similar ban, however, as there are few outdoor dining areas, it is not receiving much attention.
According to a report in the Journal of the American Medical Association, the number of underage individuals using flavored tobacco products increased drastically in 2018 by up to 80%. While these statistics are alarming on their own, reports of mysterious illnesses and dozens of deaths linked to e-cigarettes have sounded the alarm and sparked a nationwide wave of reactions. To date, five states, including California, and at least 345 localities have already implemented restrictions on the sale of flavored tobacco products.
On June 23rd, the Food and Drug Administration (FDA) issued an order for Juul, the largest electronic cigarette company in the United States, to remove its products from the market and acknowledge that the supply of these products is a significant factor in the rise of youth vaping.
Leaders at the county and city level are implementing sales restrictions to curb the use of these products in the local area. Andrea Solano, Senior Health Educator and Project Director for the Santa Cruz County Tobacco Education Coalition, explains that they understand how underage users are drawn to and become addicted to fruity flavors. "There is a perception that they are harmless because the flavor masks the taste of tobacco," she says.
According to Solano, prior to November 2018, the youth smoking rates in the local area were lower than the state average. However, the rapid increase in popularity of e-cigarettes like Juul has caused tobacco use among minors to skyrocket both locally and nationwide.
A survey conducted by CalSCHLS (The California School Climate, Health, and Learning Survey) during the 2018-19 school year among high school students in Santa Cruz County revealed that 15% of them reported "currently using e-cigarettes," which is higher than the state average of 11%. It's unclear if these numbers have changed during the pandemic. According to Solano, the survey was conducted in schools and "the tricky part is that due to the impact of COVID-19 in the past few years, students have been learning virtually and we don't have the latest data.
Solano and her colleagues attribute the increase in teenage smoking in the area to new tobacco products that taste like gummy bears and Oreos. Parents, teachers, and principals throughout the county have reported confiscating students' electronic cigarettes and vaporizers. Solano explains that in some schools, vaping in the bathrooms has become such a problem that they have been closed down. "Teens who would never touch a cigarette can easily be swayed by these products, which taste like sweets and candy," she says.
More than 120 other communities in California have also enacted similar bans, including Los Angeles, which passed its own ban earlier this month.
In August 2020, the Senate Bill 793, which prohibits the sale of flavored tobacco products and tobacco enhancers throughout the state, came into effect. However, Solano believes that enacting local legislation is crucial to ensuring that the ban on these products is enforced. On the one hand, state law is not as strict as local legislation and excludes the sale of hookah tobacco, loose-leaf tobacco, and premium cigars. Additionally, Solano notes that state law takes time to implement, stating that "due to delay at the state level, [enabling legislation] needs to be passed through local jurisdictions by their own laws.
SB793 may also be repealed. In November, there will be a referendum in California on whether to ban flavored tobacco products. Big tobacco companies are funding this referendum, with supporters calling themselves the California Fairness Alliance. As of December 31, 2021, the campaign has raised $21.16 million, including $10.33 million from RJ Reynolds Tobacco Company and $9.83 million from Philip Morris USA. By the end of the year, opponents had raised about $2 million. If the state law is overturned, local laws will remain in effect.
Regardless of the outcome of SB793, the county-wide ban in Santa Cruz County should greatly decrease the availability of these products locally and help protect minors from tobacco addiction. According to Solano, "It's not always easy, but we're pleased to be at the forefront of developing these types of policies and protecting young people throughout our county.
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