On November 8, 2022, 63% of Californian voters approved a ballot initiative that banned flavored-tobacco products, including menthol cigarettes and e-cigarette products. The justification behind Proposition 31 was the severe increase in vapers, especially among younger adults, when tobacco use had originally fallen for several years in 2010. Experts have since posited that the availability of flavors is what attracts users to tobacco by reducing its harsh taste, making it easier to become addicted to nicotine.
How do these regulations around flavored tobacco products continue to manifest in Los Angeles today? Let’s take a closer look below.
Smoking regulations
Proposition 31, originally in the format of SB 793, was upheld by AP projects California residents in 2020. California lawmakers had passed the ban, but tobacco companies successfully blocked the 2020 law from going into effect. This put the issue to voters, which had been officially carried out in 2022.
The tobacco industry, spearheaded by Phillip Morris and R.J. Reynolds, opposed the ballot. They cited how the ballot proposition would only institute a prohibition on tobacco products and cede more power to criminals smuggling in flavored tobacco products, while damaging the livelihood of many local retailers.
Even before Proposition 31 had passed, however, measures to limit the usage of flavored tobacco sales were already in place. The Los Angeles County Board of Supervisors voted to update County regulations to address “threats to public health” posed by vaping in March 2019. The legal definition of “smoking” was made to include electronic cigarettes, so that vaping as well as smoking is banned in public places from LA County beaches and parks to hospitals, and other locations.
The sales of flavored tobacco products were then targeted. In March 2022, the 9th U.S. Circuit Court of Appeals confirmed a lower-court ruling that allowed the county’s ban of all sales of flavored tobacco products. This opposition stated that only the federal government could regulate tobacco sales.
However, Circuit Judge Lawrence VanDyke was keen to note that only the federal government can require tobacco companies to make their products according to any particular standard, but a state can place restrictions on the retail sale of a tobacco product, including banning its sale altogether. Later in June 2022, the LA City Council voted unanimously to ban the sale of flavored tobacco products. This went into effect on Jan. 1, 2023, ending the sale of flavored e-cigarettes, menthol cigarettes, and flavored cigars.
Smoking alternatives
With Proposition 31 officially joining the list of regulations, some California retailers say that the enforcement of the ban has left them unsure of what they can and cannot sell, even as of February 2023.
If you are a resident or tourist in Los Angeles, it is best to steer clear of any tobacco-related product with flavor and stick to fail-proof options like the original unflavored Nicorette nicotine gum found in convenience stores. Another option is the On! nicotine pouch you can buy online at Prilla as they offer flavor-free pouches that have become popular across the US for their pure delivery of nicotine. With their online platform, these can be shipped to your doorstep to ensure that you have access to alternatives at any time.
Otherwise, smoking enthusiasts and retailers can look forward to the entrance of novel products, like King Palm’s new line of flavored tipped rolls that take care to include absolutely zero tobacco in their products. This is intended to offer a vape-like experience for people who prefer flavored smoke without the harmful additives of tobacco and to circumvent the latest regulations.
Meanwhile, the California Department of Justice says that it is working to address any confusion around the ban. $151 million in funding has been sent from the department’s Tobacco Grants Program to 330 eligible agencies to educate retailers on the state law and ensure compliance. To stay updated with this story and other relevant news about Los Angeles, check back at Century City and Westwood News.
