BILL ANALYSIS Ó AB 216 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 216 (Cristina Garcia) As Amended June 29, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 77-0 | (May 4, 2015) |SENATE: |35-2 | (August 24, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: G.O. SUMMARY: Makes it unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age or under 21 years of age, as specified. Specifically, this bill: 1)Makes it unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age. Raises the minimum age requirement to 21, contingent upon the passage and enactment of SB 151 (Hernandez) of the current legislative session. 2)Exempts the sale or furnishing of a drug or medical device that has been approved by the federal Food and Drug Administration (FDA) pursuant to the federal Food, Drug, and Cosmetic Act. AB 216 Page 2 3)Specifies that a violation of the provisions in this bill is an infraction punishable by a fine not to exceed $500, $1,000, or $1,500 for a first, second, and third or subsequent violation, respectively. The Senate amendments changed the legal age in this bill to sell a device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, from 18 to 21, if SB 151 is enacted. EXISTING LAW: 1)Prohibits the sale or furnishing of electronic cigarettes (e-cigs) to a person under 18 years of age. Defines e-cigs as a device that can provide an inhalable dose of nicotine by delivering a vaporized solution. 2)Authorizes the Department of Public Health (DPH), under the Stop Tobacco Access to Kids Enforcement (STAKE) Act, to assess civil penalties ranging from $400 to $6,000, depending on the number of infractions, against any person, firm, or corporation that sells, gives, or in any way furnishes tobacco products to a person who is under the age of 18. 3)Defines "tobacco product" as any product containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. AS PASSED BY THE ASSEMBLY, this bill prohibited the sale of any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. AB 216 Page 3 COMMENTS: Purpose of this bill. According to the author, this bill will make it illegal for retail stores to sell non-nicotine vaping devices/e-cigs to anyone under the age of 18. Current law only prevents minors from purchasing e-cigs with nicotine cartridges. Even though these devices may come without nicotine, they are still a filtration device that can be used for smoking cannabis, nicotine, or other herbal substances. E-cigs and vaping devices often target a younger audience using sweet flavored compounds that carry the names of popular kids' treats, such as gummy bears and Fruit Loops. Although they may not have nicotine, these compounds have been shown to contain other harmful chemicals, masked by the candy-flavored vapor. Those under the age of 18 are now free to purchase and use these products. Retailers have taken the opportunity to market and sell them to minors. While some individuals may use e-cigs and vaping devices as a way to quit smoking, studies suggest that adolescents who use ecigs are more likely to progress from experimenting with these products to becoming established smokers. In fact, the number of children using e-cigs or vaping devices has doubled every year since 2009. What is vaping? Vaping is defined as the act of inhaling water vapor through a personal vaporizer or electronic cigarette. When users draw on the device, the battery heats the liquid, which is then atomized into an inhalable vapor. Vaping products are available in specialty stores and convenience stores around the United States with varying restrictions on purchase by youth under 18. What are electronic cigarettes? Electronic cigarettes are battery-operated inhalers that consist of a rechargeable, battery-operated heating element, a replaceable cartridge that may contain nicotine or other chemicals, and an atomizer that, AB 216 Page 4 when heated, converts the contents of the cartridge into a vapor. The user can then inhale this vapor. The product is often made to look like such products as cigarettes, cigars, and pipes. Electronic cigarettes are sometimes made to look like everyday items such as pens and Universal Serial Bus (USB) memory sticks. Electronic cigarettes have been sold in the United States since 2007. The biggest markets are Europe and North America. Sales are banned in 13 of the 59 countries that regulate the devices, the World Health Organization reported, but most of those 13 countries say they are still available because of illicit trade and cross-border Internet sales. Reports have stated that adolescents might be influenced to try electronic cigarettes because of how they are priced and promoted. They can be cheaper than traditional cigarettes and may be perceived as safer. Other features, like flavors can also support use in this age group. DPH Report: Although they do not contain nicotine, vaping compounds have been shown to contain other harmful, potentially carcinogenic chemicals. The DPH's January 2015 report on electronic cigarettes, A Community Health Threat, stated the aerosol compounds used in vaping products were found to contain at least 10 ingredients known to cause cancer, and that aerosols contained higher concentrations of certain harmful heavy metals and silicate particles than are present in traditional cigarettes. FDA Regulation: On April 24, 2014, the federal Food and Drug Administration released proposed regulations on electronic cigarettes, including a ban on sales to minors. It remains unclear whether those rules will include nonnicotine vaping products; they have yet to be finalized. Related legislation: SB 151 raises the minimum age to purchase AB 216 Page 5 tobacco products to 21. SB 151 is pending in the Assembly Governmental Organization Committee. Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0001474