Due to the popularity of flavored tobacco products in the youth population, most flavored tobacco products have been banned in the State of California as of January 1, 2021. The bill was developed largely by Senator Jerry Hill (D-San Mateo) and was signed into law by Governor Gavin Newsom. Included in the ban are menthol cigarettes and all flavored e-cigarettes, including vapes.
Back in 2019, Massachusetts became the first state to restrict the sale of flavored tobacco products, including menthol cigarettes. New Jersey, New York, and Rhode Island followed, however the three states held exemptions for menthol cigarettes. With this new ban, California becomes only the second state to ban both flavored e-cigarettes and menthol-flavored cigarettes. Exemptions to California's ban include loose-leaf tobacco products, hookah, and premium cigars.
According to Senator Jerry Hill, the bill addresses "an unprecedented surge in youth nicotine consumption," citing the California Department of Public Health which claims that "flavored tobacco products are a gateway to harder nicotine use."
The evidence to support this claim is, in short, overwhelming. More than five million people in the youth population used e-cigarettes in 2019, a surge of over 80% largely due to flavored products, especially flavors that are sweet in nature.
Also, according to a 2018 study by the Centers for Disease Control and Prevention, "67% of high school students and 49% of middle school students who used tobacco products in the prior 30 days [of the study] reported using a flavored tobacco product during that time." In fact, roughly half of all teenage smokers use menthol cigarettes.
Another study found that following the 2009 Family Smoking Prevention and Tobacco Control Act, there was a 43% decrease in smoking among the ages of 12-17, as well as a 27% decline among the ages of 18-25. Therefore, California's ban may continue this federal trend to lessen youth smoking and bring tighter tobacco regulations overall to the state level.
The bill may prove to be an important step not only in curbing youth smoking and vaping as well as addressing the disparity between White American and Black American smokers when it comes to the gateway-aspect of flavored tobacco products, particularly menthol cigarettes. The percentage of Black American smokers who use menthol cigarettes is 85% compared to 29% for White American smokers.
Since the bill's passing, the tobacco industry has filed a lawsuit and a referendum petition has been filed as well, which may delay or overturn the ban.
Major players in the tobacco industry include Philip Morris International (NYSE: PM), Altria Group (NYSE: MO), British American Tobacco (NYSE: BTI), Imperial Brands (OTC: IMMBY) and Japan Tobacco International (OTC: JAPAY).