State of Vape: California Flavor Ban Delayed

State of Vape: California Flavor Ban Delayed

Vape shops in California, for the most part, will have a reprieve following the California Coalition for Fairness’ gathering a million signatures from registered voters in the state opposed to a flavor ban in California. The law was supposed to go into effect on January 1, 2021, but the ban will be suspended and sent to the voters on the November 2022 ballot. 


Certain localities still have bans on vape shops in general, with San Francisco having one of the strictest bans on vape. The city has banned sales of vape in brick and mortar shops. There have also been proposals in other major cities and smaller cities as well.


What Does This Mean For My Business?


This extra time means more time to take action. Your customers’ access to flavors is the most important thing right now. PMTA enforcement is still unclear, so now is the time to continue to advocate on behalf of your customers. Encourage your customers to spread the word about vape products as alternative nicotine products and that flavors have given them a positive experience.


As of this writing, this is also an opportunity to promote your business as a guardian of flavors. Contact your local and state officials about the many consequences a flavor ban will have on your business and your customers. There will be many opportunities for this going forward.


Major Changes Made Since The Election


President-elect Joe Biden has nominated California Attorney General Xavier Becerra to become the Secretary of Health and Human Services (HHS). Becerra and various Los Angeles County officials have sued Juul in November 2019, which signals that he is opposed to vape. However, with COVID-19 taking center stage in the President-elect’s selection of nominees, it is unknown as of this writing whether or not vaping legislation and regulations will be a priority for the next Attorney General of California if Becerra is confirmed.


The nomination of Becerra adds to a domino effect in California politics. Vice President-elect Kamala Harris vacates a Senate seat, Becerra vacates the Attorney General seat upon his confirmation, and Secretary of State Alex Padilla is expected to be appointed to Harris’ former seat. That gives Governor Gavin Newsom three positions to fill in California state politics, which could potentially drastically alter the state of vape in California going forward. 


Advocacy groups in California are calling for Newsom to appoint women and/or persons of color to these positions. It is unlikely that Newsom will pick a member of Congress as the Democratic margin has slimmed in the 2020 elections. Various state lawmakers have been floated as nominees to these seats.


The eJuices.co team is going to monitor the situation closely as California is one of the biggest markets for vape. If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative.

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