SACRAMENTO – California is set to regulate electronic cigarettes under legislation today approved by both houses of the Legislature. SB X2 5, authored by Sen. Mark Leno, protects the public against exposure to e-cigarettes by ensuring they are accurately defined as tobacco products and fall under the state’s existing smoke-free laws. It also requires that all e-cigarettes and liquids for e-cigarettes be sold in child-resistant packaging. The bill was approved by the Senate today after passing the Assembly last week with bipartisan support
“Today’s action by the Legislature is a huge victory for public health and the well-being of all Californians,” said Sen. Leno, D-San Francisco. “The e-cigarette is nothing more than a new delivery system for toxic and addictive nicotine. We should all be alarmed that these devices are surging in popularity among adolescents who have never smoked before. This legislation renews the state’s commitment to reducing the harmful effects of tobacco by ensuring that all tobacco products are regulated equally.”
The state’s Smoke Free Act prohibits smoking at workplaces, schools, daycare centers, restaurants, bars, hospitals and on public transportation, protecting Californians from secondhand smoke and reducing the acceptability of smoking in general. E-cigarettes, however, do not fall under this existing law and are largely unregulated, despite a restriction on sales to minors. SB X2 5 fixes this loophole and aligns state law with proposed federal regulations that define e-cigarettes as tobacco products. The bill is co-sponsored by a coalition of national health organizations, including the American Cancer Society Cancer Action Network, American Heart Association and American Lung Association.
“Once signed by Gov. Brown, this comprehensive legislation will protect our youth and hopefully serve to inspire other states and the nation,” said Jim Knox, American Cancer Society CAN California Vice President of Government Relations. “It responds to an alarming trend indicating use of e-cigarettes is skyrocketing among teens, posing a potential new danger for losing the next generation to tobacco addiction.”
A study published late last year in the Journal of the American Medical Association (JAMA) shows that ninth graders who use e-cigarettes are four times more likely to later smoke traditional cigarettes than their peers who have never tried e-cigarettes. The study follows other research showing that e-cigarette use is climbing exponentially among young people who are drawn to the products’ enticing flavors like cotton candy, bubble gum and chocolate. E-cigarette use among middle and high school students tripled from 2013 to 2014, according to the Centers for Disease Control and Prevention.
Despite a California ban on sales to minors under the age of 18, many youth are still able to access e-cigarettes due to a lack of enforcement. SB X2 5 ensures that e-cigarettes fall under the 1994 Stop Tobacco Access to Kids Enforcement (STAKE) Act, which has successfully reduced illegal sales of traditional cigarettes to minors in the state.
“SB X2 5 is an important and necessary piece of legislation that will ensure our youth are protected from a lifetime of nicotine addiction,” said Olivia Gertz, president and CEO of the American Lung Association in California. “With flavors such as bubble gum and Captain Crunch, these products are clearly targeted at our youth, and as a result there has been a rapid increase in e-cigarette use among middle and high school-aged children.”
Studies show that e-cigarettes pose potentially serious health risks to users and those who inhale their secondhand aerosols. Earlier this year, the California Department of Public Health confirmed that e-cigarettes emit at least 10 toxic chemicals, including formaldehyde, lead and nickel, found on the state’s Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm.
“Rightfully classifying e-cigarettes as tobacco products is a major win for the health of our youth and our state as a whole,” said Dr. Diane Sobkowicz, board president for the American Heart Association’s Sacramento division. “We applaud our lawmakers for doing the right thing in voting to pass legislation that will further restrict access to children and keep our air free of toxic chemicals in the places we work and play.”
Eleven states across the country, including Colorado, Minnesota, Utah and Wyoming, regulate e-cigarettes as tobacco products. In California, 178 local communities have limited the use of e-cigarettes through local licenses or in existing smoke-free laws. Many of these communities also treat them as tobacco products. SB X2 5 creates uniform public health protections for the entire state, while still allowing local jurisdictions to develop even tougher standards.
The governor has 12 days to take action on SB X2 5 once he receives the bill.
