Prop 31 in California is most likely to be the final phase in Senate Bill 793 (SB 793), a bill introduced and passed by the California State that would ban the sale of flavored cigarettes. In the beginning, SB 793 passed legislation prohibiting the sale of flavored tobacco products or flavor enhancers used in tobacco products. At first, SB 793 passed. However, because of how California legislation works, it was later challenged, and the amendment will be made available to voters during the election season in November.
To be precise, tobacco-free nicotine products could also fall subject to SB 793 because they are currently classified federally as tobacco goods. Also, anything that introduces new flavors or flavorings to cigarettes or nicotine, like flavoring additives for cigarettes or mixes and vape liquids.
Because of the ambiguous language on ballots, The most straightforward method of knowing which way you’d like to cast your vote for Proposition 31 in California.
“YES” for Prop 31 signifies that you favor the ban on flavor-infused tobacco products.
This does not mean that you support the ban on tobacco-flavored products.
Despite the bill’s rationale that tobacco flavors are a reason for children to smoke, there are exceptions to the account for pipe tobacco, hookah, and premium cigars. Pipe tobacco and cigars are typically considered expensive items that don’t appeal to a younger audience.
Sadly, whether the bill is approved could not be a significant factor. SB 793 is the bill that established California’s vape ban, written before the Pre Market Tobacco Application (PMTA) rejections rendered nearly all flavors of vapes illegal to market. Most flavored vapes will remain prohibited in California regardless of whether Prop 31 passes the voter referendum.
The majority of supporters of Proposition 31 are for the protection of children from addiction to nicotine. Many opponents of Proposition 31 have stated that banning flavorings won’t hinder children from smoking, and, ultimately, Prop 31 will hurt small shops and create an illicit market.
Arguments for and the arguments against Prop 31 The arguments for and against Prop 31 are outdated – we’ve seen the growth of a vape black market with the rise of disposable vapors already. Small-scale stores didn’t make it through the PMTA rulings. But, even though PMTA has removed most legal vape products on the market, youth use of vape has risen only.
Despite how dire the situation may sound, voting is vital – There are numerous other items of legislation and officials to choose from besides Proposition 31.
UPDATE ON PROP
What will happen after it’s gone through?
As of now, there is nothing to be done. The FDA has approved only tobacco-flavored vapes and devices. Because tobacco-flavored nicotine products are not considered flavorless, there are no legal vapes sold in stores that are affected by the ban on flavor.
The situation may alter if new varieties of tobacco products are created or if the FDA approves a flavor-infused tobacco product.
However, the implementation and enforceability of Proposition 31 may be on hold for a bit. A consortium of tobacco companies that R.J. Reynolds controls is trying to contest Proposition 31 in court.
By the U.S. Constitution, when federal and state law clash, federal law is always the one to take precedence over state law.
Companies that manufacture tobacco are suing on the premise that Proposition 31 is unconstitutional. California’s state laws could prohibit products granted FDA Marketing approvals. The problem arises because federal law says that the products are legal. However, California laws would state that they’re not.
Some supporters of Proposition 31 think Reynolds is trying to deter implementation, allowing them additional time to market its menthol cigarettes. The only thing we can do is sit and wait.
UPDATE ON PROP
The Supreme Court has ruled against the challenge to Proposition 31 by R.J. Reynolds. After a long period of being prosecuted and remanded back and back and forth, Proposition 31 will take effect. The sale of all tobacco products that are flavored in stores that are physically located will be banned in California.
