Proposition 31: Referendum on 2020 law that would prohibit the retail sale of certain flavored tobacco products
Yes: A YES vote on this measure means in-person stores and vending machines could not sell most flavored tobacco products and tobacco product flavor enhancers.
No: A NO vote on this measure means in-person stores and vending machines could continue to sell flavored tobacco products and tobacco product flavor enhancers, as allowed under other federal, state, and local rules.
A "Yes" vote approves, and a "No" vote rejects, a 2020 law prohibiting the retail sale of certain flavored tobacco products. Fiscal Impact: Decreased state tobacco tax revenues ranging from tens of millions of dollars annually to around $100 million annually
(Source: California's Office Voter Information Guide)
Background
Californians will vote in November on whether the state should ban the sale of flavored tobacco products, including flavored vaping cartridges.
Lawmakers approved the ban in 2020, but a referendum qualified back in 2021, meaning voters will have their say in November 2022. In the meanwhile, the law won't take effect. Major tobacco companies backed the referendum in hopes of overturning the law.
The ban prohibits the sale of flavored tobacco products but does not criminalize possession. It also exempts loose-leaf tobacco, premium cigars and shisha tobacco used in hookah. It bars the sale of flavors including - but not limited to -"fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice." Violators who sell the products would be fined $250.
Supporters of the law cast the referendum as "a battle between the people of California and Big Tobacco over the health, lives and future of our kids."
"Big Tobacco is going to use every deceptive trick in their playbook just so they can continue to market and profit from hooking young kids on their candy-flavored products," Matthew L. Myers, president of the Campaign for Tobacco-Free Kids, said in a statement.
