State bans retail sale of flavored ecigarettes

SACRAMENTO — California will ban the sale of flavored tobacco in retail stores, including flavored ecigarettes that many blame for a sharp rise in vaping among youths.

Gov. Gavin Newsom signed a bill Friday to outlaw the sale of fruit, menthol and mintflavor cigarettes and vaping cartridges, effective Jan. 1. The governor acted hours after the state Senate voted unanimously to give final approval to SB793 by Sen. Jerry Hill, DSan Mateo.

Hill said the vast majority of youths who use tobacco are hooked by “kidfriendly” products, with flavors such as cotton candy and bubblegum.

“Menthol cigarettes, sweet cigars, candy vapes and other flavored tobacco products serve one purpose: to mask the harshness of tobacco and get users hooked to a dangerous lifelong addiction,” Hill said in a statement.

Newsom earlier said he would take “deep pride and personal privilege” in signing the bill, especially as a father of four young children. The governor has supported a new vaping tax and launched efforts to curb youth vaping.

Hill’s bill does not apply to online sales of

tobacco products, which often cross state lines, with sellers not headquartered in California. The measure also would not prohibit the personal possession of flavored tobacco.

Retail stores that violate the ban would have to pay $250 per violation, though it is unclear whether that would mean a $250 penalty per product sold or per transaction.

The bill was opposed by tobaccoindustry groups and lobbyists, including the Vapor Technology Association. They urged vape users to ask Newsom to veto the bill, arguing that ecigarettes help smokers quit.

“As California’s economy continues to face COVIDrelated challenges, the last thing its state leaders should be doing is driving people back to cigarettes, shuttering small businesses and slashing jobs,” Tony Abboud, executive director of the Vapor Technology Association, said in a statement.

Hill carried a similar bill last year, but shelved the measure after he said amendments gutted its intent by exempting tobacco products patented before 2000.

He reintroduced the measure this year without that broad exemption. The bill had the support of 29 coauthors, including state Sens. Scott Wiener, DSan Francisco, and Steve Glazer, DOrinda. Other supporters included the American Lung Association and American Heart Association.

Hill’s final bill was amended to exempt the sale of flavored premium cigars and looseleaf pipe tobacco. Premium cigars are also exempt if sold in cigar lounges and consumed only on the premises. Hookah retailers are also exempt.

Federal data show that 5 million U.S. high school and middle school students vaped in 2019, a significant increase from 3.6 million in 2018, and that sweet and fruity flavors are popular among youths.

“The California Legislature today sent an unmistakable message to big tobacco that our children’s health is more important than a deadly industry’s profits,” Lindsey Freitas, advocacy director for the Campaign for TobaccoFree Kids, said in a statement.

Chronicle staff writer Catherine Ho contributed to this report.