BILL ANALYSIS
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|Hearing Date:April 19, 2010 |Bill No:SB |
| |882 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: SB 882Author:Corbett
As Amended:April 5, 2010 Fiscal: Yes
SUBJECT: Tobacco: Electronic cigarettes.
SUMMARY: Urgency measure which requires cities and counties to revoke
the license of a business that, on two or more occasions, provides or
offers electronic cigarettes, as defined, to a person less than 18
years of age.
Existing law:
1)Requires a retailer to maintain a license to engage in the sale of
cigarettes or tobacco products.
2)Authorizes cities and counties to issue business licenses, set
licensing fees, and collect licensing fees.
3)Establishes the Stop Tobacco Access to Kids Enforcement (STAKE) Act
that provides several provisions, including civil penalties
regarding the sale of tobacco to minors.
This bill:
1) Provides that the Legislature finds and declares that:
a) Electronic cigarettes are currently unregulated by the
United States Food and Drug Administration (FDA) and are
available for purchase in this state.
b) Initial FDA studies found that electronic cigarettes contain
known carcinogens and misrepresent nicotine content on their
labels. As a result, the FDA has warned the public about the
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potential health risks of using electronic cigarettes.
c) Electronic cigarettes offered for sale in this state are
produced overseas and not covered by state and federal quality
control protections.
d) Since electronic cigarettes are not regulated at the
federal, state, or local level, they can be legally sold to
minors.
e) County tobacco control programs have reported the attempted
sale of electronic cigarettes to minors at shopping malls.
Throughout the state, retailers have established shopping mall
kiosks near food courts and stores frequented by adolescents.
At these kiosks, retailers target teens with pitches for
electronic cigarettes with flavored cartridges.
f) A 2008 report prepared for the State Department of Public
Health found, with regard to the California Tobacco Control
Program, that law enforcement agencies continue to rank policies
and procedures, such as suspension or revocation of business
licenses and civil and criminal penalties for owners and clerks
who sell tobacco to minors, as effective strategies to reduce
youth access to tobacco.
g) Due to important health, safety, and welfare concerns that
affect the entire state, regardless of location, regulating the
sale to and use by minors of electronic cigarettes is a
statewide concern, and not a municipal affair.
2) Requires cities and counties to revoke the license of a business
that, on two or more occasions, provides or offers electronic
cigarettes to a person less than 18 years of age.
3) Defines "electronic cigarette" as any device that can provide
inhaled doses of nicotine by delivering a vaporized solution.
4) Provides that the bill's provision shall become effective
immediately as an urgency measure.
FISCAL EFFECT: Unknown. This bill is keyed "fiscal" by Legislative
Counsel.
COMMENTS:
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1. Purpose. This bill is sponsored by the Author to halt the sale of
electronic cigarettes to minors by requiring cities and counties to
revoke the license of a business that, on two or more occasions,
provides or offers to provide electronic cigarettes to a person
less than 18 years of age.
2. Background. According to the Author, the newest attempt to market
addictive products to children and teenagers is through electronic
cigarettes. Electronic cigarettes are a completely unregulated
tobacco substitute and are being marketed as a healthy and
smokeless alternative to traditional cigarettes. Electronic
cigarettes are rechargeable, battery operated devices that look
similar to cigarettes and allow the user to inhale a smokeless
vapor often containing nicotine.
Because producers of electronic cigarettes have not sought approval
by the FDA, the drug delivery device is completely unregulated.
For months, producers of electronic cigarettes have used a loophole
in state and federal law to sell their product without age
restrictions.
It has been reported that local county tobacco control agencies
have sent minors undercover to successfully purchase electronic
cigarettes in mall kiosks, according to the Author.
The Author further asserts that retailers entice young consumers by
establishing mall kiosks close to food courts and popular teen
stores. In malls, teens are offered targeted pitches on flavored
cartridges and the appeal of a product that can be used in all
public places since it emits no smoke.
A study published in the Journal of the National Cancer Institute
found that teens were more likely to be influenced to smoke by
cigarette marketing than by peer pressure. Similarly, a study
published by the Journal of the American Medical Association found
that as much as one-third of underage experimentation with smoking
was attributable to tobacco company marketing efforts.
3. Prior Related Legislation. SB 400 (Corbett, 2009) would have added
electronic cigarettes to the California Stop Tobacco Access to Kids
Enforcement (STAKE) Act. The California STAKE Act, among other
things, provides penalties for providing tobacco products to
minors. This bill was vetoed and the Governor stated in his veto
message, "I cannot sign a measure that also declares them
[electronic cigarettes] a federally regulated drug when the matter
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is currently being decided through pending litigation."
4. Arguments in Support. The Health Officers Association of
California asserts that, "SB 882 would take significant steps to
prevent minors from purchasing electronic cigarettes. Tobacco use
is a major public health problem, and cigarette use among minors is
of great concern to public health professionals. Electronic
cigarettes are an unregulated 'alternative' to cigarettes which,
because they have not yet been reviewed by the FDA, are not yet
illegal to sell to minors. Manufacturers and distributors of
electronic cigarettes are taking advantage of this technicality to
sell electronic cigarettes in mall kiosks and other places
frequented by teenagers. SB 882 would close this loophole."
SUPPORT AND OPPOSITION:
Support:
Breathe California
Health Officers Association of California (HOAC)
Opposition:
None received as of April 12, 2010.
Consultant: Antoinnae Comeaux