Lawmakers can’t quit legislating flavored tobacco

Presented by Yes on 35 - Protect Our Healthcare: Your afternoon must-read briefing on politics and government in the Golden State

Jul 10, 2024 View in browser   By Rachel Bluth Presented by Yes on 35 - Protect Our Healthcare   Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more.     Flavored vapes and menthol cigarettes have been banned in California since 2020, but lawmakers keep coming back to the drawing board on new laws to strengthen the ban. | AP BAN-AID: Try as it might, California just can’t seem to quit flavored tobacco. Four years since passing a ban on menthol cigarettes and candy-flavored vaping cartridges — and two years after a referendum on the same topic — lawmakers are taking yet another hit at cracking down on the products, which still frequent store shelves. Supporters who want to rein in flavored vapes and cigarettes argue they have greater appeal to teenagers, who overwhelmingly opt for flavored tobacco when they use. But lawmakers have struggled to make the ban stick as tobacco companies find new ways to skirt it, and retailers complain they’re confused about what ingredients fall under “flavored.” The Legislature just last year passed legislation to tighten the ban. But now it’s back with two more bills to make the prohibition stick: Clearing the shelves: State Sen. Susan Rubio’s Senate Bill 1230 would let the Department of Tax and Fee Administration seize any flavored tobacco its inspectors find on store shelves, something they can already do if tobacco products don’t have the right tax stamp. “It doesn’t hurt to have so many eyes on this issue, it doesn’t hurt to be making a clear-cut list that will help retailers understand what’s legal,” Rubio said. “Clearly just having the attorney general alone is not getting the job done, so we need to help and work together.” Ingredients list: Under Assemblymember Jim Wood’s Assembly Bill 3218, the attorney general would post a list of ingredients that are allowed in cigarettes. It’s an attempt to combat the “whack-a-mole” position the state is in now, waiting for the attorney general to investigate each new chemical introduced to the market. And it’s an effort to erase any ambiguity of what does and doesn’t constitute a “flavor.” California’s ban considers a flavor to be anything that gives a distinguishable taste or aroma, like menthol for instance. But the tobacco industry argued that the law didn’t cover synthetic chemicals like WS3, which provided a cooling sensation without the minty flavor. It wasted no time in putting out new products in an effort to circumvent the ban, adding the synthetic coolant to cigarettes like “Kool Non-menthols” or “Newport Non-Menthol Green.” Wood’s bill would make it clear that anything with a “cooling sensation” counts as a flavor under state law. For years, Attorney General Rob Bonta had been trying to enforce the state ban by going after companies and products individually (POLITICO Pro), like those non-menthol cooling cigarettes from ITG Brands LLC and R.J. Reynolds. Now, he’s sponsoring Wood’s bill to clearly define what’s allowed under the ban. However, even if these two bills make it into law, flavored tobacco could still reach Californians, especially through overseas and online retailers. “These two bills will strengthen the situation in California,” Dr. John Maa, the former president of the San Francisco-Marin Medical Society who consults on tobacco issues in Sacramento. “But there will still continue to be challenges.” A message from Yes on 35 - Protect Our Healthcare: Care for fifteen million vulnerable children, seniors, disabled and low-income families on Medi-Cal is significantly underfunded. That's why an unprecedented coalition of nearly 200 groups is united in saying YES on Prop 35 to protect our health care. Prop 35 will provide dedicated resources to improve patient care without raising taxes on individuals - protecting and expanding access to care for all Californians. Get the Facts on Prop 35.   IT’S WEDNESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to rbluth@politico.com. WHAT YOU NEED TO KNOW TODAY SPEAKING ENGLISH?: President Joe Biden has been crystal clear he plans to stay atop the 2024 ticket, but House Speaker Emerita Nancy Pelosi isn’t taking “yes” for an answer. “It's up to the president to decide if he is going to run,” Pelosi said on MSNBC’s “Morning Joe” today. “We're all encouraging him to make that decision, because time is running short." Pelosi’s refusal to accept Biden’s emphatic assertions he’s staying in the race, combined with her reputation for meticulous word choice and sharp responses to reporters pressing her on the issue in the Capitol halls, reveal a deeper subtext: She’s giving Biden a chance to reconsider his reelection push. “Whatever he decides, we go with,” Pelosi said. Nothing to read into there, folks. Unless you’re a California Democrat trying to flip the House. — Tyler Katzenberger ON THE BEATS FIERY START: Nearly six times more acres have burned in wildland fires so far this year than the average over the last five years; 20 times more acres have burned than last year. The difference is primarily due to this year’s conditions, said Cal Fire Chief Joe Tyler at a press conference this morning. Brush and grasses grew tall from a wet winter only to be crisped by a prolonged, early-season heat wave. Six fires have grown beyond 10,000 acres alone, including the biggest yet this year, which is only 16 percent contained after sparking on July 5 in Santa Barbara County. — Camille von Kaenel A wet winter and dry spring have led to some of the worst conditions for California fires in years, Gov. Gavin Newsom's administration announced during a prolonged heatwave in Sacramento. | Courtesy of Gov. Gavin Newsom's office MC-OH-NO: It’s no secret that Gov. Gavin Newsom is not a fan of the recently named Proposition 35, the ballot measure that would restrict proceeds from a health insurance tax to fund improvements in the state’s Medicaid program. The measure would prohibit Newsom — or any other governor — from using those billions to balance the budget, instead allowing only a part of it to go to the general fund. Newsom made his position abundantly clear at today’s press conference, where he rattled off a list of his accomplishments on health care before talking about why the measure was unnecessary. “This initiative hamstrings our ability to have the kind of flexibility that’s required at the moment we’re living in,” Newsom told reporters. “I haven’t come out publicly against it, but I’m implying a point of view. Perhaps you can read between those many, many lines.” Jodi Hicks, co-chair of the Prop 35 campaign and CEO of Planned Parenthood Affiliates of California, agreed that Newsom has done a lot for the state’s health care system. But she said that’s evidence for why the measure should pass. “Prop 35 is critically needed to provide dedicated, ongoing revenue to ensure the 15 million Californians on Medi-Cal and all Californians have access to reliable, quality health care when they need it, which is why there is such a broad and diverse coalition in support,” Hicks said.   A message from Yes on 35 - Protect Our Healthcare:   WHAT WE'RE READING TODAY — Oakland has been publishing misleading crime data for years that make the city’s statistics look better than they are. (San Francisco Chronicle) — Project 2025 offers conservatives an attack plan for California. Will Trump take it? (Sacramento Bee) — What a cognitive test could — and couldn’t — tell us about Biden’s mental fitness. (Los Angeles Times) AROUND THE STATE — A San Diego middle-school student is suing the district and five classmates over a brutal beating last year in a school bathroom. (San Diego Union-Tribune) — Intuit, a tax prep and financial software company based in Mountain View, is laying off 10 percent of its workforce as part of an AI-focused reorganization plan. (The Mercury News) — The San Francisco Police Commission is slated to decide today whether officers can chase suspects of any felony or violent misdemeanor, including commercial burglary. (San Francisco Chronicle) — compiled by Tyler Katzenberger   A message from Yes on 35 - Protect Our Healthcare: California’s health care system is in crisis. Hospitals are closing, emergency rooms are overcrowded, and care for fifteen million vulnerable Californians on Medi-Cal is significantly underfunded. That's why an unprecedented coalition of physicians, clinics, community hospitals, Planned Parenthood, and many more all urge: YES on Prop 35, the Protect Our Health Care Initiative. Prop 35 will address California's most urgent health care priorities by securing dedicated, ongoing funding to improve patient care and expand access to community health clinics, emergency rooms, specialty care providers and physicians offices. If passed, this initiative would extend an existing levee on health insurance companies - without raising taxes on individuals - and dedicate these funds to protect and expand patient access to care. Join us in saying YES on Prop 35 to protect our health care for all Californians. YES on 35 to Protect Our Health Care     Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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