After a bill that would ban the sale of flavored tobacco products was shelved by its sponsor, California lawmakers are once again trying to restrict the sale of flavored electronic cigarettes and vaping devices.

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Assembly Bill 1639 would limit the sale of flavored e-cigarettes to specialty, age-restricted tobacco and vape shops, and online retailers that use age-verification technology. Tobacco, mint, and menthol flavored e-cigarettes would be excluded from the ban. Other provisions in the legislation include increased monetary penalties for retailers in violation, as well as a newly created $100 fine for persons “at least 18 years of age, but less than 21 years of age” who are found guilty of being in possession of vaping devices.

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Although preventing minors from buying nicotine products is worthy, lawmakers should refrain from policies that further restrict adult access to tobacco harm reduction devices.

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Since their introduction to the U.S. market in 2007, electronic cigarettes and vaping devices have helped an estimated three million American adults quit smoking. Moreover, a 2019 study in the New England Journal of Medicine found the use of e-cigarettes to be “twice as effective” as nicotine replacement therapy in helping smokers quit.

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Flavors have been essential in helping smokers transition from combustible cigarettes. A 2013 internet study in the International Journal of Environmental Research and Public Health noted that flavors in electronic cigarettes “appear to contribute to both perceived pleasure and the effort to reduce cigarette consumption or quit smoking.” A 2015 study by the Consumer Advocates for Smoke Free Alternatives Association surveyed more than 27,000 American adults. Seventy-two percent of respondents “credited tasty flavors with helping them give up tobacco.”

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A 2018 study of nearly 70,000 American adults found similar conclusions among adult vapers, with flavors providing a “vital role in the use of electronic cigarettes and vaping devices.” Moreover, 83.2 percent and 72.3 percent of survey respondents reported vaping fruit and dessert flavors, respectively, “at least some of the time.”

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Despite this overwhelming evidence, California lawmakers seem intent on severely restricting the sale of tobacco harm reduction products, while still permitting retailers to offer much more harmful, combustible cigarettes.

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Vaping devices have helped millions of Americans quit smoking. It is imperative that vaping devices be allowed for purchase in retailers where combustible cigarettes are permitted for sale.

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Further, it is hypocritical for lawmakers to state they intend to curb youth e-cigarette use. California spends very little on tobacco education and prevention efforts. In 2018, the Golden State received approximately $2.582 billion in tobacco settlement payments and taxes, yet only spent $327.8 million, less than 1 percent, on prevention efforts.

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Worse, California has sold future payments from the Master Settlement Agreement (MSA).  According to the California Debt and Investment Advisory Commission, the Golden State Tobacco Securitization Corporation sold “$13.2 billion in tobacco securitization bonds” from 2003 to 2009. The bonds issued equate to more than half of the $21 billion in MSA funds California was estimated to receive over a 25 year period, beginning in 2002. Essentially, California needs smokers in order to meet future debt obligations.

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It is disingenuous that lawmakers would restrict adults from buying tobacco harm reduction products while allowing access to much more harmful, combustible cigarettes. Although attempts to address youth use of tobacco products is commendable, lawmakers should not severely restrict effective smoking cessation products that have helped millions of Americans quit smoking.

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Nothing in this Research & Commentary is intended to influence the passage of legislation, and it does not necessarily represent the views of The Heartland Institute or Tobacco Harm Reduction 101.