San Jose, CA Considers Flavored Tobacco Ban on 6/15/2021

On June 15, the San Jose City Council will take up whether it should ban the sale of flavored tobacco within city limits.

If passed, San Jose would become the latest in a growing list of California municipalities that have chosen to ban flavored tobacco sales while the future of the state’s ban on most flavored tobacco products remains in limbo.

Last year, a bill was signed into law by Gov. Gavin Newsom that banned almost all flavored tobacco products in California. That law is subject to a ballot referendum and is currently not enforced. It will be considered by voters next November. If passed, the law will go into effect in December 2022. The law is also subject to a variety of lawsuits.

The state law has a carve-out that would allow for the sale of flavored cigars that have a wholesale price of at least $12. There’s also an exemption for hookah and shisha tobacco, which will remain legal.

Furthermore, the U.S. Food & Drug Administration has recently announced plans to ban flavored tobacco products, including menthol cigarettes, though its implementation remains unclear.

If passed, San Jose’s law would take effect within 30-60 days.

Stay tuned to C.A.R.T. for further developments.