California Continues Fight Against Flavored Tobacco
Despite a four-year ban on menthol cigarettes and flavored vape cartridges, and a referendum on the same issue two years ago, California continues to struggle to remove these products from store shelves.
A renewed attempt at repression
Proponents of restricting flavored cigarettes and vapes argue that they are particularly appealing to teens, who overwhelmingly prefer flavored tobacco when they use. But lawmakers have struggled to make the ban effective because tobacco companies are constantly finding new ways to get around the law, while retailers complain about confusion over what ingredients count as “flavored.”
Last year, the legislature passed a law to strengthen the ban. Now, two new bills are being proposed to make the ban more effective:
Cleaning the Shelves: Senate Bill 1230
House Bill 1230, proposed by state Sen. Susan Rubio, would allow the Department of Revenue and Taxation to seize any flavored tobacco product found on store shelves, something that is already possible if tobacco products do not have the proper tax stamp.
“It doesn’t hurt to have so many eyes on this issue, it doesn’t hurt to have a clear list that will help retailers understand what’s legal,” Rubio said. “Clearly, the attorney general alone is not enough to accomplish this task, so we have to help and work together.”
List of Ingredients: Assembly Bill 3218
House Bill 3218, proposed by Rep. Jim Wood, would require the attorney general to publish a list of permitted ingredients in cigarettes. The measure is intended to combat the state's current "whack-a-mole" situation, where the attorney general must investigate every new chemical that comes onto the market. The goal is to eliminate any ambiguity about what constitutes a "flavor."
California's ban considers a flavor to be any substance that imparts a distinct taste or odor, such as menthol. However, the tobacco industry argued that the law did not cover synthetic chemicals like WS3, which provide a cooling sensation without a menthol flavor. Tobacco companies were quick to market new products to circumvent the ban, adding this synthetic cooler to cigarettes like "Kool Non-Menthols" or "Newport Non-Menthol Green."
Wood's bill would specify that any substance that provides a "cooling sensation" is considered a flavor under state law.
Strengthening law enforcement
For years, Attorney General Rob Bonta has tried to enforce the state ban by going after individual companies and products (POLITICO Pro), like these refreshing non-menthol cigarettes from ITG Brands LLC and RJ Reynolds. Now, he’s backing Wood’s bill to clearly define what’s allowed under the ban.
However, even if both bills pass, flavored tobacco could still reach California consumers, particularly through foreign and online retailers.
“These two bills will strengthen the situation in California,” said Dr. John Maa, a former president of the San Francisco-Marin Medical Society who consults on tobacco issues in Sacramento. “But there will continue to be challenges.”
