LOS ANGELES — Most flavored tobacco sales will be illegal in Los Angeles starting Jan. 1.
The Los Angeles City Council unanimously approved the ordinance at its June 1 meeting, and it will now go to Mayor Eric Garcetti for his signature. Any tobacco product, from e-cigarettes to cigars, with flavor other than tobacco—including menthol, fruit, any herb or spice—will be banned from being sold at most retailers in the city.
An exception was made for the sale of shisha tobacco products at hookah lounges, which must have a valid tobacco retailer’s permit and not allow anyone under the age of 21 inside.
Several organizations, including the California Fuels and Convenience Alliance (CFCA) and the Tobacco-Free Kids Action Fund, submitted comments for and against the proposal ahead of the vote.
A flavored tobacco ban would do little to limit youth acquisition of tobacco products and serve to only harm small businesses, said James Allison of the CFCA, which represents convenience-store retailers in Los Angeles. “The products named in your proposed ordinance make up a substantial revenue category for small stores, and their loss would be significantly impactful, even during normal circumstances,” he said. “That said, they present markedly greater detriment under the current circumstances facing all businesses as they struggle to recover from last year’s losses.”
Allison said the direct loss to the economy of Los Angeles would be almost $96.6 million in sales and $4.6 million in local cigarette tax revenue annually. He estimated c-stores would lose about 254 jobs in the city because of the ban.
He also noted the c-store industry has led the change in safe, responsible sales of age-restricted products, including alcohol and tobacco. “The California Department of Public Health has recognized that convenience stores have the highest rate of success in preventing sales to minors, with an over 95% compliance rate,” Allison said.
The Campaign for Tobacco-Free Kids and the Tobacco-Free Kids Action Fund, however, supported a comprehensive ban on the sale of flavored tobacco products in Los Angeles to reduce tobacco use, particularly among youth.
“Prohibiting the sale of all flavored tobacco products in all tobacco retailers is a critical step that will help protect children living in Los Angeles from the unrelenting efforts by the tobacco industry to hook them to a deadly addiction. Flavored tobacco products are designed to alter the taste and reduce the harshness of tobacco products so they are more appealing and easy for beginners, who are almost always kids,” said Annie Tegen, director of the U.S. Western Region for the Campaign for Tobacco-Free Kids.
It's possible that the state of California could also ban flavored tobacco sales. California Gov. Gavin Newsom signed a bill doing so in August 2020; however, the law was challenged by several lawsuits and a referendum. Voters will have to chance to vote on whether to overturn the state law in the Nov. 3 general election.
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