BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 648
Author: Corbett (D)
Amended: 5/7/13
Vote: 21
SENATE HEALTH COMMITTEE : 6-2, 4/17/13
AYES: Hernandez, Beall, De León, DeSaulnier, Monning, Wolk
NOES: Anderson, Nielsen
NO VOTE RECORDED: Pavley
SENATE JUDICIARY COMMITTEE : 4-2, 4/30/13
AYES: Evans, Corbett, Jackson, Monning
NOES: Walters, Anderson
NO VOTE RECORDED: Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Electronic cigarettes: restriction of use and
advertising
SOURCE : Author
DIGEST : This bill extends the restrictions and prohibitions
against the smoking of tobacco products to include restrictions
or prohibitions against electronic cigarettes (e-cigarettes) in
various places, including, but not limited to, places of
employment school campuses, public buildings, day care
facilities, retail food facilities, and health facilities.
ANALYSIS :
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Existing law:
1. Restricts or prohibits the smoking of tobacco products in
various places, including, but not limited to, school
campuses, public buildings, places of employment, day care
facilities, retail food facilities, and health facilities.
2. Permits the landlord of a residential dwelling unit, as
defined to prohibit the smoking of a cigarette or other
tobacco product on the property or in any building or portion
of the building, including any dwelling unit, other interior
or exterior area, or the premises on which it is located.
3. Makes it unlawful, to the extent not preempted by federal
law, for a person to sell or otherwise furnish an e-cigarette
to a person under 18 years of age.
4. Defines an "electronic cigarette" as a device that can
provide an inhalable dose of nicotine by delivering a
vaporized solution.
5. Makes it a violation of the prohibition against selling
e-cigarettes to minors an infraction punishable by a fine not
exceeding $200 for the first violation, by a fine not
exceeding $500 for the second violation, or by a fine not
exceeding $1,000 for a third or subsequent violation.
6. Prohibits existing law prohibiting the sale of e-cigarettes
to minors from be construed to invalidate an existing
ordinance, or to prohibit the adoption of an ordinance, by a
city or county that regulates the distribution of
e-cigarettes in a manner that is more restrictive than state
law, to the extent that the ordinance is not otherwise
prohibited by federal law.
This bill:
1. Extends the existing restrictions and prohibitions against
the smoking of tobacco products to include e-cigarettes.
2. Changes the definition of a crime with respect to certain
facilities, thereby creating a state-mandated local program.
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3. Extends the existing prohibition against advertising to
e-cigarettes, as defined.
Comments
Food and Drug Administration (FDA) information on e-cigarettes .
According to the FDA, e-cigarettes are products designed to
deliver nicotine or other substances to a user in the form of a
vapor. Typically, e-cigarettes are composed of a rechargeable,
battery-operated heating element, a replaceable cartridge that
may contain nicotine or other chemicals, and an atomizer that,
when heated, converts the contents of the cartridge into a
vapor. This vapor can then be inhaled by the user. These
products are often made to look like such products as
cigarettes, cigars, and pipes. They are also sometimes made to
look like everyday items such as pens and memory sticks, for
people who wish to use the product without others noticing.
The FDA states that, as the safety and efficacy of e-cigarettes
has not been fully studied, consumers of e-cigarette products
currently have no way of knowing whether e-cigarettes are safe
for their intended use, how much nicotine or other potentially
harmful chemicals are being inhaled during use, or if there are
any benefits associated with using these products.
Additionally, the FDA states it is not known if e-cigarettes may
lead young people to try other tobacco products, including
conventional cigarettes, which are known to cause disease and
lead to premature death. A 2009 evaluation by the FDA's
Division of Pharmaceutical Analysis evaluated two brands of
e-cigarettes for nicotine content and other impurities.
Nicotine was found in both products and other possible tobacco
specific impurities were detected, such as menthol.
Prior Legislation
SB 882 (Corbett, Chapter 312, Statutes of 2010) makes it
unlawful, to the extent not preempted by federal law, for a
person to sell or otherwise furnish an e-cigarette to a person
under 18 years of age.
AB 13 (T. Friedman, Chapter 310, Statutes of 1994) prohibits
employers from knowingly or intentionally permitting, or any
person from engaging in, the smoking of tobacco products in
enclosed places of employment, with specific exemptions.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/21/13)
Breathe California
California Black Health Network
California Medical Association
OPPOSITION : (Verified 5/21/13)
Electronic Cigarette Industry Group
ARGUMENTS IN SUPPORT : According to the author's office, one
of the most controversial issues affecting the regulation of
e-cigarettes has been whether to regulate them as drug delivery
devices or tobacco products. In 2010 e-cigarette manufacturers
sued the FDA to prevent e-cigarettes from being regulated as a
drug device. E-cigarette manufacturers won the lawsuit and the
right to keep selling their product as a type of tobacco
product. They are, however, now subjected to the Tobacco
Control Act. A number of state and local governments have
already passed legislation to restrict the sale, marketing, and
use of e-cigarettes. Many of these provisions are included in
smoke-free laws.
The California Black Health Network (CBHN) writes that
e-cigarettes have only been available for a short period of
time, and because research is scare on the possible health
issues caused by inhaling these vapors, it does not know with
any certainty of possible addiction or health problems. CBHN
writes that because the FDA is concerned about the safety of
these products, and because these products have not been
submitted to the FDA for evaluation or approval, and there are
possible toxic and cancerous chemicals in these products, CBHN
believes California should proceed with caution and that the use
of e-cigarettes should be prohibited in schools and public
buildings. The California Medical Association writes that
e-cigarettes have the potential to be harmful and should be
approached with caution until additional evidence shows that
they are not harmful to users' health and do not undermine
California's successful effort to decrease tobacco use.
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ARGUMENTS IN OPPOSITION : Opponents argue smoking bans are
enacted to protect the public from second-hand smoke, but
e-cigarettes have not been shown to cause harm to bystanders,
and the evidence to date shows that health risk associated with
e-cigarettes is comparable to other smokeless nicotine products.
Opponents argue there is no smoke or ash associated with
e-cigarettes, the use of e-cigarettes has helped individuals to
quit smoking, and the use of e-cigarettes in public spaces
actually improves public health by inspiring other smokers to
switch and by allowing the users of e-cigarettes to avoid
second-hand tobacco smoke.
JL:k 5/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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