California law wants to ban the sale of tobacco to anyone born after 2006

The strongest and wildest approach yet to discourage teenage tobacco use at the state level is taking shape. A new California law would ban all tobacco sales for residents born on January 1, 2007 or later.

Under Assembly Bill 935, current smokers could continue to buy tobacco products, but anyone under the age of 16 today could not buy tobacco — ever.

It would essentially phase out tobacco use in California for a whole new generation.

Instead of penalizing tobacco users, the bill would target retailers instead. This would be done through a series of fines and license suspensions for retailers violating the proposed law. Specifically, the bill would add Article 6 to Chapter 1 of Part 3 of Division 103 of the Health and Safety Act, which relates to the sale of tobacco.

However, the ban would not apply to the sale of cannabis. Lawmakers argued that the compulsive nature of nicotine compels teens to become addicted.

The bill was co-authored by Assembly members Damon Connolly (D-San Rafael) and Evan Low (D-Silicon Valley). “This isn’t about taking away someone’s current rights; it’s about not creating a new generation of people who are addicted to nicotine,” said Connolly.

Today I had a press conference on my bill, AB 935. The co-author, @Evan_Low, supported me. Preventing the next generation of Californians from becoming addicted to smoking should be a priority for anyone who cares about the public health and well-being of our children. https://t.co/H5pl7QXC0J

— Assembly Member Damon Connolly (@AsmConnolly) February 23, 2023

California has already taken steps to limit teenage tobacco use as much as possible. In 2020, Governor Gavin Newsom signed legislation banning the sale of most flavored tobacco products.

“This is a logical next step from that,” said Connolly. “The goal here is to lead, actually change the conversation beyond the borders of our state, and really try to move the needle in the direction that benefits public health.”

Public health officials welcomed the bill, saying the tobacco industry generally exploits the health of American youth. Over the years, restrictions on tobacco advertising have gradually been deployed.

“The solution is sustainable, we should not punish our young people for the harms of an industry based on human exploitation,” said Oussama Mokeddem, the state’s director of public health advocate policy.

The bill will most likely be challenged by Big Tobacco. The tobacco industry has fought against such laws in the past.

CBS News reports that if the ban becomes law, the tobacco industry could sue to prevent the bill from being implemented. Alternatively, the tobacco industry could challenge the ban in an election proposal, urging voters to stop the bill from going into effect. But Proposition 31 was overwhelmingly passed by voters and bans the sale of most flavored tobacco products, including menthol cigarettes.

The US Supreme Court also refused to block California’s flavored tobacco law.

AB 935 is tailored to a similar law in New Zealand: last year the country introduced a law banning the sale of tobacco products to people born after January 1, 2009.

In the US, this has even happened at the city level: Brookline, Massachusetts, passed a local law banning the sale of tobacco products within city limits to people born after January 1, 2000. The law has withstood the courts and remains in force.

California’s ban on flavored tobacco went into effect on December 21, 2022, banning retailers statewide from selling flavored vaping and smoking products. The tobacco industry launched a ballot lawsuit after the state legislature and governor first approved the ban in 2020, but voters opted to keep the law in place.