Regardless of good intentions or political pressures, the current ban is not making California residents healthier.
Last November, 63% of Californians chose to ban flavored tobacco products statewide by voting in favor of Proposition 31. The measure consolidated previous prohibition efforts across several individual cities, including San Diego. Though the statewide ban went into effect Jan. 1, there are clear indications that the public-health improvements voters expected are not materializing.
The scope of negative consequences is significant. Take, for example, a recent report by the Tax Foundation that estimates the loss of nearly $300 million in tax revenues due to the ban. These lost funds are not from individuals quitting smoking – the data suggests that cigarette sales will only experience a marginal decline. Instead, those who use flavored nicotine products will purchase from illicit sources and across state lines.
Clearly, one would not argue that the funding generated by smoking used in a positive manner is a valid rationale for opposing actions that curb the impact that smoking has on health overall. If the ban were doing what it was intended to, there may be savings from other healthcare programs that could be diverted into programs like First 5, but that is not what is happening.
Additionally, due to the massive effort that would be required to effectively police the flavor ban, additional flavored products have surged into the state. Disposable nicotine vapes are a prime example and the most popular product among youth. These vapes have not been cleared by the FDA and exist only because the costs are cheap and consumers will buy them, legally or not.
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