CALIFORNIA HAS SPOKEN

Five Facts About The New Flavored Tobacco Ban

Californians voted to uphold Senate Bill (SB) 793, the statewide restriction on the sale of most flavored tobacco, including menthol cigarettes, by voting “Yes” on Proposition 31. Below are some of the most common questions about the new law and its impact on the Black community.

Why are menthol cigarettes included in California’s new flavored tobacco law?

The new law protects Black Californians by correcting the mistake made in a 2009 federal law that banned all flavored cigarettes except menthol. For decades, Big Tobacco worked hard to keep menthol cigarettes cheap and accessible to Black communities.

Tobacco industry documents reveal decades of aggressive targeting of the Black community, with more tobacco ads placed in predominantly Black neighborhoods. It worked: In California, 47.7% of African American/Black adults who smoke use menthol cigarettes, compared to only 16.5% of white adults. The new law stops Big Tobacco from preying on and profiting off the lives of Black people.

What other flavored products are affected by California’s flavored tobacco law?

Retailers will no longer be allowed to sell the following tobacco products in California:

• Menthol cigarettes

• Flavored e-cigarettes and vapes

• Flavored e-juice, pods, and cartridges

• Flavored little cigars and cigarillos

• Flavored smokeless tobacco products

• Flavored blunt wraps

• Flavored loose-leaf roll-your-own tobacco

• Flavored tobacco rolling papers

• Tobacco product flavor enhancers

Why does the law exempt hookah?

The original SB 793 bill language proposed to end the sale of all flavored tobacco products including hookah. However, a relentless lobbying effort by the hookah industry was successful in getting hookah exempted from the law. The new law is a starting point and addresses most of the products that Big Tobacco has been aggressively marketing to kids and communities of color.

Does California’s new flavored tobacco law criminalize people who use tobacco?

No, the new law does not penalize or criminalize an individual for purchasing or using flavored tobacco products. The law focuses on retailers, restricting them from selling most flavored tobacco products, including menthol cigarettes and vapes.

What happens if a retailer sells flavored tobacco products? The retailer may be penalized and fined for each violation. The responsibility is on retailers and their employees to not sell flavored tobacco products — not Californians.

Quitting tobacco isn’t easy, and every quit attempt is part of the journey. Kick It California offers a free personalized quit program designed for each person’s own circumstances and challenges. Call 800-300-8086

Text “Kick Tobacco” to 66819

Visit kickitca.org