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December 21, 2022

California Ban on In-Store Flavored Vape Sales Begins

Dec. 21 update
The California law banning in-store sales of flavored vape and tobacco products took effect today, 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.

The new law bans sales in stores of vape products---with or without nicotine---in any flavor other than tobacco. It also prohibits sales of flavored nicotine pouches, lozenges, smokeless tobacco (including snus), menthol cigarettes and flavored small cigars. Hookah tobacco, premium cigars and pipe tobacco are exempted from the ban.

The law does not ban online sales of flavored vaping products, although some California cities and counties may ban online sales themselves. There is also a federal law that prohibits most vape product shipping though the U.S. Mail, and UPS and Fedex also prohibit vape deliveries.

Nov. 11 update
On Nov. 9, just a day after voters approved Proposition 31, the law was challenged in federal court by R.J. Reynolds and others.

With over 40 percent of votes counted, California voters appear to be on the way to overwhelmingly approve Proposition 31, which bans sale in stores of vaping and tobacco products containing non-tobacco flavors. So far, 62 percent of voters have supported the flavor ban.

Financial support for the ballot initiative came almost exclusively from billionaire anti-vaping activist Michael Bloomberg.

Prop 31 allowed voting residents to approve or reject a bill passed in 2020 by a huge majority of the California Assembly. The law was put on hold for two years after tobacco companies bankrolled a signature-collection campaign to put the legislation to the voters.

The flavor ban includes vapes, nicotine pouches and tobacco

The new law, which will take effect later this year, bans brick-and-mortar sales of all vaping products in flavors other than tobacco. The prohibition extends to nicotine-free e-liquid and so-called “flavor enhancers,” which probably includes one-shot DIY mixes.

Prop 31 would even ban flavored non-combustible nicotine products authorized for sale by the FDA and designated “appropriate for the protection of public health.” (The FDA has not so far authorized any flavored vaping products, but flavored General snus and menthol IQOS refills have been authorized.)

The law also prohibits sales of flavored nicotine pouches (which are almost all flavored), menthol cigarettes, flavored small cigars, and flavored smokeless tobacco, including snus. The flavor ban exempts hookah products, pipe tobacco and cigars.

The law does not ban online sales, but California law makes selling vaping products online—even from outside the state—an onerous 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 (all passed in early 2020), but sales of menthol cigarettes were left untouched.

Bloomberg 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.”

Despite being supported by just about every national and California public health and tobacco control organization, California Governor Gavin Newsom (who also won reelection yesterday) and most Democratic politicians, Myers specifically thanked only one person in the group’s press release.

“We are also grateful to Michael R. Bloomberg for the exceptional leadership he provided in this campaign,” Myers said. “No single individual has done more to fight tobacco use and save lives around the world.”

Bloomberg, the former New York City mayor with a net worth of about $77 billion, contributed nearly all of the $47 million spent by the Committee to Protect California Kids, which led the Yes on 31 campaign, according to Politico. The East Bay Times estimated it would take over 1,900 years of full-time work for the average American worker to earn as much as Bloomberg spent promoting Prop 31.

Californians Against Prohibition, the group opposing the law, has been almost entirely funded by tobacco giants Philip Morris USA (a division of Altria Group) and RJ Reynolds Tobacco Co. (a subsidiary of British American Tobacco). The two tobacco companies each contributed more than $9 million to the cause, seeking mainly to protect their menthol cigarette sales in the nation’s largest state.

Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
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Guy
Guy
10 months ago

This stupid law just created thousands of Teenage cigarette smokers who were just Vape occasionally before but now I will get hooked on cigarettes Vape is not so bad and it’s easy to walk away from cigarettes cause a lifelong addiction. I really have a feeling that the cigarette industries was behind this damn law

Descanse
Descanse
7 months ago
Reply to  Guy

The ban only applies to “flavored” vape and tobacco products.

Annoyed
Annoyed
8 months ago
Reply to  Guy

100% agree.
Pisses me off like crazy I used vapes to help me stop smoking cigarettes, I really enjoyed not smelling like an ashtray lol but I guess that’s over now. I started smoking when I was 14…. Way back before vapes were even a thing. This dumb law is just going to cost me a lot of gas money going to Nevada or Oregon to get vapes lll

Joshua Cannon
Joshua Cannon
8 months ago
Reply to  Guy

The people behind the law were individuals with ties to the CA cannabis market. Note that flavored THC vapes and smoking products were not affected by the ban.

Kevdogcle
Kevdogcle
8 months ago

In my view. This law them banning vaping juice and other nicotine alternatives. Is funny. It all these people who are non smokers. All trying to control others. But low in behold. If we tell them not to drink, not have a abortion. They scream like little babies. Telling people stop stepping on my freedom and rights. People need to learn to mind their own affairs or lives. And stop trying to tell others what they can or can’t do with thier bodies or right. I’m so sick of non smokers all screaming that vaping is smoking. It’s not smoking.… Read more »

Yvonne
Yvonne
8 months ago
Reply to  Kevdogcle

I totally agree if they want to ban tobacco, why didn’t they ban Marbro cigarettes, why only ban menthol? With that stupid theory that menthol is addicting, please get the fact right, flavor is not addicting, if someone smoke cigarettes, they love the tobacco. This is so corruption. They want to put a 12.5% tax of this vape with nicotine. So where are all these money going to? Having such a government like Gavin just make the whole California looks stupid. If California is a democratic state, should we adults have the right to choose what we want. Looking at… Read more »

Rozee
Rozee
8 months ago
Reply to  Kevdogcle

I SO agree. These whiny snowflakes do not see that at the bottom of it; it’s all about controlling the masses and taking away our rights to choose by big government. It really started many years ago with the seatbelt laws and a few others. But over the years they have brainwashed and indoctrinated the masses. Scary how easy that is to do! Look at Covid lockdowns and V’s mandates.

We are living in scary times. The scariest being the indoctrinated youth

Bill
Bill
9 months ago

Does it ban cannabis vapes also?

Nikki walker
Nikki walker
9 months ago

This is just going to cause more drug abuse in our youth as well as alcohol abuse…alcohol is more damaging to your body…so just sit back and watch thank God my children know whats up …all because parents don’t pay attention to there stuff and teens…so silly and a violation to our rights …were all slaves

Greg
Greg
9 months ago

So.. basically companies will start selling unflavored ecigs, and then sell flavor drops as a separate purchase. Got it.