California’s flavor ban prohibiting the sale of most flavored tobacco products, including menthol cigarettes, was set to go into effect on January 1, 2021. As 2020 comes to a close, California is enacting new laws for 2021. What's new: The new law bans any tobacco product to have flavors that are similar but not limited to fruit, chocolate, vanilla, honey or menthol. You can also find more information on menthol, flavored tobacco, and restrictions on product availability on our website. “California will continue to fight back and protect children from Big Tobacco.” The law Newsom signed would ban the retail sale of flavored tobacco … The current law bans the sale of tobacco products to those who are under the age of 21. Get the ABC10 mobile app for breaking news alerts, live shows and to send us news tips. Starting January 1, it will be illegal to sell most flavored tobacco products in California. The industry has been aggressive in falsely claiming that this menthol ban would further increase the criminalization of already marginalized and over policed groups. Effective January 1, 2021, tobacco products with a ‘characterizing flavor’, defined as the presence of a distinguishable taste or aroma other than tobacco, can no longer be sold in retail stores across the state; this includes flavored e-cigarettes, smokeless tobacco, and cigars in all flavors from fruit to mint to candy, as well as menthol cigarettes. California is banning flavored tobacco products and expanding what is considered necessary treatment for health insurance coverage. The 2021 NACS HR Forum is going virtual March 9-11, ... the California Assembly passed a bill prohibiting the sale of flavored tobacco products, the Los Angeles Times reports. Stream ABC10 live newscasts and on demand video with our app on Roku, Amazon Fire TV, and Apple TV. The flavor ban impacts flavored vapor, e-cigarette, shisha, loose leaf tobacco in addition to menthol cigarettes. What's new: The new law bans any tobacco product to have flavors that are similar but not limited to fruit, chocolate, vanilla, honey or menthol. © 2016 – 2020 Counter Tools. Here is what you need to know about these two laws that are being enforced on the first day of 2021. The largest tobacco manufacturers are suing California to prevent its broad tobacco flavor ban. The legislation does not make it illegal for someone to purchase, possess or use flavored tobacco or vapor products. ... Business groups opposed the ban, including the California Retailers Association and the California … Then, in August 2020, California passed broad legislation that would ban the retail sale of flavored electronic cigarettes, smokeless tobacco, and cigars (except “premium” cigars), set to take effect on January 1, 2021. This bill, especially with its inclusion of menthol cigarettes, represents a major step towards health equity. NY Times. However, the Massachusetts law exempts the sale of any flavored tobacco product for onsite consumption — not just hookah or cigars — so long as the sale is at a smoking bar that limits food and beverage consumption and meets other requirements.14 California is also now the fifth state to ban menthol flavored e-cigarettes, joining Moreover, under this bill, youth will also be protected since, in California, more than 85% of young adults who vape e-cigarettes or smoke cigars choose a flavored version and, across the US, over half of youth and young adults who smoke choose menthol cigarettes. It seeks declaratory and injunctive relief against the California law that, beginning Jan. 1, 2021, bans the sale of menthol cigarettes and all other flavored tobacco and vapor products, except premium cigars, shisha tobacco and loose leaf tobacco. However, this policy was swiftly met with an industry referendum that met qualifications in part by paying signature-gatherers for each signature they collected. California bans flavored tobacco sales in response to a surge in teen use. California Governor Gavin Newsom signed Senate Bill (SB) 793 into law, banning the retail sale of flavored tobacco products in the state, effective January 2021. Effective January 1, 2021, tobacco products with a ‘characterizing flavor’, defined as the presence of a distinguishable taste or aroma other than tobacco, can no longer be sold in retail stores across the state; this includes flavored e-cigarettes, smokeless tobacco, and cigars in all flavors from fruit to mint to candy, as well as menthol cigarettes. SACRAMENTO, Calif — A new year quickly approaching is causing many people to hope that a time of uncertainty is finally coming to an end. Plus, track storms with live radar. NY Times . Senate Bill 793 was signed into law last Friday, banning the sale of flavored tobacco products in California. Why is it needed: According to Senator Jerry Hill, the bill's author, teens smoking e-cigarettes continued to rise in 2019, with about 80% picking up smoking through a flavored product that includes menthol cigarettes or candy vapes. California’s Flavored Tobacco Ban Delayed Until Signature Verification Process Complete California’s flavored tobacco ban will not take effect on Jan. 1, 2021. The California flavored vape ban scheduled to go into effect on Jan. 1, 2021, will probably be suspended for two years until voters decide whether to keep or overturn the law. California is banning flavored tobacco products and expanding what is considered necessary treatment for health insurance coverage. While the bill does not make it a crime for consumers to possess flavored tobacco products, it does make it illegal for retailers to sell these products in the state of California. Evidence supports that banning menthol would reduce smoking initiation and increase smoking cessation. The current law has a list of nine mental illnesses, but the text of the new bill argues that this is a list that is both dated and incomplete. CDA and more than two dozen health care, youth and community organizations, supported the bill to keep flavored vaping liquids, menthol cigarettes and other flavored tobacco products out of retail stores and vending machines statewide. Smokers and Vapers May Be at Greater Risk for Covid-19 . However, countering this industry narrative is key –  the language of this bill clearly states that purchase, use, or possession of flavored or mentholated tobacco products would not be criminalized. While the product exemptions make this bill less comprehensive than the Massachusetts state policy and leave room for improvement, SB 793 makes significant progress towards a more equitable tobacco retail landscape in California. In fact, a report released by the Food and Drug Administration in 2011 on the impact of menthol cigarettes estimated that the removal of menthol cigarettes from the marketplace would lead to 39% of all people who smoke menthol cigarettes quitting and 47% of Black and African American individuals who smoke menthol cigarettes quitting; plus, in a nine year time span, an estimated 17,000 premature deaths would be prevented and nearly 2.3 million fewer Americans would initiate smoking. Download the ABC10 app for weather forecast localized to where you are. Get caught up on the day's latest headlines with Late News Tonight at 11 p.m. Watch Morning Blend: Start your day with the latest headlines, weather and traffic. In June of 2017, San Francisco, California unanimously passed a comprehensive ban on the sale of flavored tobacco products, including menthol. Only those other tobacco products with a taste or aroma of “tobacco” may be sold. The proposed referendum requires 623,212 signatures by November 26, 2020 to qualify for the ballot. | Unsolved California, Hield tip-in leads Kings to 124-122 overtime win in Denver, 49ers turnover: From Super Bowl to losing season in 2020, 'We need your leads': Multiple agencies join police, FBI investigation into downtown Nashville explosion, Police: Warning blared from RV before 'intentional' Nashville explosion, EDD: 3 million people could lose current unemployment benefits on the day after Christmas. The California Coalition for Fairness, a recently formed group “sponsored by manufacturers,” are seeking a referendum to overturn the law banning flavoured tobacco and nicotine products. Menthol provides a cooling sensation that makes it to easier to start smoking and become nicotine dependent and more difficult to quit smoking. At that point, California voters would ultimately decide the fate of the bill. CounterTobacco.org is a project of Counter Tools. California has become the third state to ban the sale of flavored tobacco products, in effort to slow the spread of the harmful habit among children. Vaping Links to Covid Risk Are Becoming Clear . This is an important finding that, if duplicated around the state, could prevent the tobacco companies from forcing a referendum on the California’s ban on almost all flavored tobacco products that the governor signed into law last summer. The ban was the result of SB 783, which was passed by the state’s legislature this summer and signed into law by Gov. The following legislative update is provided by the National Association of Tobacco Outlets (NATO) On Dec. 10, 2020, the Superior Court for the County of Sacramento, California issued the accompanying Order and Judgment suspending the effective date of Jan. 1, 2021 of California Senate Bill 793 (SB 793), the state law that would ban the sale of most flavored tobacco products. These changes to Chapter 8.20 of the Napa Municipal Code are in line with California Senate Bill 793. Summary:  Expands medically necessary treatment for health insurance coverage. Hill said teens using flavored products to mask the harshness of tobacco smoke become life-long smokers. The California Flavored Tobacco Products Ban Referendum (#20-0003) may appear on the ballot in California as a veto referendum on November 8, 2022. However, a petition sponsored by the tobacco industry seeking to challenge the law and send it to ballot referendum has received over a million signatures, well over the required number of 623,212 signatures that is needed to qualify. Notifications can be turned off anytime in the browser settings. Unsolved California: Join Madison Wade on LNT each Friday night at 11 p.m. as she takes a closer look at a cold case. The flavored ban includes all flavors including menthol. Get caught up with everything happening in our region and across the nation on ABC10 weeknights at 5 - 7 p.m. Marie's Donuts brings people cheer on Christmas Day, Why was a Stockton mother stabbed to death on Christmas Eve? A new year quickly approaching is causing many people to hope that a time of uncertainty is finally coming to an end. California Governor Gavin Newsom on Aug. 28 signed legislation that will prohibit the sale of flavored tobacco and vapor products in the state beginning Jan 1, 2021. It will go into effect Jan. 1, 2021. The ban, which goes into effect Jan. 1, 2021, does not make it a crime for people to possess flavored tobacco products, but it bans retailers from selling them. What's new: The new law expands what is considered necessary to treat those who have mental illnesses. They have used this tactic to seed opposition to other flavor sales restrictions in the past (learn more here). Governor Gavin Newsom has said that he will sign the bill with “pride,” in memory of family members he lost to tobacco-related illness. Exempt from the bill are flavored hookah tobacco (also called shisha), “premium” cigars, loose leaf/pipe tobacco, and marijuana. It is slated to go into effect on Jan. 1, 2021. The bill, if it becomes law, will also ban sales of menthol cigarettes, and flavored smokeless tobacco and small cigars. The state is banning flavored tobacco products and expanding what is considered necessary treatment for health insurance coverage. The City of Napa's Ordinance No. All rights reserved, Increasing Tobacco Prices Through Non-Tax Approaches, Heated Tobacco Products at the Point of Sale, Disparities in Point-of-Sale Advertising and Retailer Density, Understanding the Intersections of Mental Health and the Tobacco Retail Environment, Rural Tobacco Disparities at the Point of Sale, Health Equity and Point of Sale Tobacco Control Policy, Non-Cigarette Tobacco Products and POS Policies, Tobacco industry funded referendum postpones California flavor ban, October 2020 Flavor Ban Action in California, Counter Tobacco Podcast Episode 22: Equity in Point-of-Sale Tobacco Control. Gavin Newsom in late August. 02020-011 VERIFY: Can Congress reject Electoral College votes? The Kennedy Forum and the Steinberg Institute, who co-sponsored the bill, said in a statement in the Assembly Floor analysis that the new law would allow patients to seek help for conditions such as post-traumatic stress disorder, depression, anxiety or even opioid addiction before the problem becomes worse. California moved to join Massachusetts on Friday, and is perhaps only days away from becoming the second state to ban the sale of flavored tobacco products, ... 2021. Rather, retailers would be held responsible and face penalization for any sales of these illegal products. Substance abuse disorder and addiction are now on the list that is considered medically necessary to treat. The Atlantic. As 2020 comes to a close, California is enacting new laws for 2021. The California Assembly on Monday approved a ban on the retail sale of flavored tobacco products in the state, with supporters saying it is needed to reduce smoking and vaping by minors and others attracted by fruit and menthol flavors. Join the ABC10 Weather Force! SACRAMENTO, Calif. — California voters will have the chance to overturn a law banning the sale of flavored tobacco in the state. When, or if it takes effect remains to be seen. Despite the industry’s well-funded campaign against it, San Francisco residents ultimately voted to uphold the bill, with 68% of voters saying “Yes” to Proposition E. If California’s SB 793 is forced to a 2022 ballot, California residents may once again vote to protect its state’s youth and other marginalized and targeted populations. Tobacco Ban Ordinance - No. Set to take effect in January 2021, the ban would prohibit the sale of all flavored products that contain nicotine, including flavored vaping products and menthol cigarettes. The California law bans the sale of menthol cigarettes as well as all other flavored tobacco and vapor products except premium cigars, shisha and loose-leaf tobacco beginning Jan. 1, 2021. Sign up at abc10.com/email. If the referendum qualifies for the ballot, the bill would be suspended until the next qualifying general election, which will take place in November 2022. Upload your weather photos on the ABC10 app. The law passed over vigorous opposition by Big Tobacco. Big Tobacco has a long, fraught history of targeting Black and African American individuals with menthol products, which has ultimately led to 85% of all Black individuals who smoke using menthol cigarettes. Why it's needed: Senator Scott Wiener (D), the bill's author, argues that it is unacceptable that those with insurance cannot access the health services they need. Get news delivered to your email with the Daily Blend newsletter. Despite significant industry push back and even a targeted ad campaign, California’s legislature passed this bill in sweeping numbers, signifying a major public health victory as California now becomes the second state to prohibit the sale of menthol cigarettes and the fourth state to prohibit the sale of flavored e-cigarettes. Proponents of the veto referendum seek to place Senate Bill 793 (SB 793), which was signed into law on August 28, 2020, on the ballot for a popular vote. Other states including New York and New Jersey have banned flavored … According to an argument provided in the senate analysis, tobacco companies claim they make flavored tobacco products to give adult smokers variety, but flavored products play a role in introducing children to smoking. The State Senate on Friday approved a bill that will ban the sale of nearly all flavored tobacco products in California starting Jan. 1, 2021. On August 28, 2020, California Governor Gavin Newsom signed into law Senate Bill 793, prohibiting the sale of most flavored tobacco products, including menthol cigarettes. Those who break this law could face a fine of $250 for each violation. This time, the bill was helped along by skyrocketing vaping among teens, several marijuana vape-related deaths last year, concerns about respiratory health amidst the COVID-19 pandemic, a shortened legislative session and a supportive governor. California is the second state, following Massachusetts, to ban all tobacco flavors, including menthol. New York and New Jersey have banned flavored e-cigarette products already. Juul, the largest seller of vaping products, already restricts online sales to customers over age 21 in an effort to prevent teens and tweens from vaping. California is now the second state to ban all tobacco flavors, including menthol, following Massachusetts. Even though the bill has officially passed, the tobacco industry is still fighting against it, and on August 31, 2020, individuals with industry ties submitted a proposal to the California Attorney General to send the law to a voter referendum. The California Assembly today passed SB 793, a bill that will ban the sales of flavored vaping products in brick-and-mortar stores. For more information on the referendum process, please navigate to the Public Health Law Center’s “What the Referendum on California’s Flavored Tobacco Sales Ban Means“. O2020-011, a smoking regulations law that requires tobacco retailers to follow new restrictions on the sale of certain tobacco products, will become effective January 1, 2021. Wiener said expanding the law would combat deaths to drug overdose and suicide. Even so, it’s been an uphill battle for the bill, whose supporters have tried to ban flavored tobacco statewide before and failed. ABC News . E-cigarettes highlight the challenges of dealing with plastic waste. The others are Massachusetts, New Jersey, New York, and Rhode Island. California Tobacco Group Seeks Referendum to Overturn Flavour Ban. A new year Ban on flavored tobacco products, expands mental health treatment - Money Food Health With his star dimmed, California's Newsom could face recall. While this referendum represents an attack against the bill, it certainly does not signify a definite end to SB 793. The largest tobacco manufacturers are suing California to prevent its broad tobacco flavor ban. California was the fifth state to pass a law banning the sale of flavored tobacco products. If the veto referendum appears on the ballot, California voters will be the first electorate to vote on a ban. We're empowering communities to become healthier places, starting with the retail environment. Summary: Bans the sale of flavored tobacco products. 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