August 28th California approved and signed into law SB-793, which mainly effects the sale of flavored tobacco and is aimed at vaping in particular. It contains some worrying text though:
>A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
>“Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
>There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
These statements - along with setting a price level on cigars - seem really vaguely worded in regards to what a flavored cigar actually is; if an advertisement notes that a cigar has notes of coffee, chocolate, spice, etc... it seems that they can interpret that to fall within the definition of 'flavored'.
Link to full bill here:
I'm not a Californian so this has no immediate effect on me, but it appears worrisome if other states follow suit. Thoughts? Californians who this does effect: thoughts?
>A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
>“Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
>There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
These statements - along with setting a price level on cigars - seem really vaguely worded in regards to what a flavored cigar actually is; if an advertisement notes that a cigar has notes of coffee, chocolate, spice, etc... it seems that they can interpret that to fall within the definition of 'flavored'.
Link to full bill here:
Bill Text - SB-793 Flavored tobacco products.
leginfo.legislature.ca.gov
I'm not a Californian so this has no immediate effect on me, but it appears worrisome if other states follow suit. Thoughts? Californians who this does effect: thoughts?
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