In 2020, Senate Bill 793 passed in California, which effectively bans the in-person sale of all flavored tobacco products - including flavored and menthol e-liquids in the state. Effectively, with this vote, the entire brick & mortar vape shop industry and roughly 20-30% of e-liquid sales in the overarching American vapor industry died in one fell swoop. The enactment of SB793, however, never made it as a coalition of cigarette companies challenged the vote, leading the final enforcement date of the policy to be looked at and revisited in the 2022 November General Election.
The referendum to SB793 was renamed to Proposition 31 and it passed almost unanimously.
So what happens now? How does the country's most populous state wrestle with the incoming enactment of an all-out flavor ban? And what can you do to continue to secure your favorite BLVK e-liquids and disposables? Read to learn everything you need to know about California's flavor ban.
WHAT DOES THE FLAVOR BAN DO VS. DO NOT DO?
SB793 and the passage of Proposition 31 effectively bans the sale of all flavored tobacco products, including menthol cigarettes - which explains why Big Tobacco got involved with trying to stop this from happening in the first place. With the passage of Prop 31, the blanket ban removes any likelihood of even federally-legal, FDA-approved tobacco products from being marketed in the state. So even if the FDA authorized a company to sell its products, California distribution would remain illegal under state law.
Under the state's flavor ban, ALL flavored tobacco products are prohibited from being sold in brick & mortar stores. This includes menthol cigarettes, e-liquid bottles, disposable vapes, flavored chewing tobacco, you name it. Brick & mortar stores means vape shops, convenience stores, smoke shops, and gas stations.
It is important to note, however, that all hope isn't lost. While the flavor ban effectively destroys the brick & mortar aspect of physically walking into a shop to pick up your favorite e-liquids, online sales are still legal. This means that BLVK's authorized retailer, Element Vape is still alive and going strong!
WHEN DOES THIS LAW TAKE EFFECT?
California's flavor ban takes effect five days after the California election is officially certified, which has to be done by Friday, December 16th at the latest. Assuming there aren't any temporary stays, lawsuits, or otherwise any delays, the law goes into effect December 21, 2022.
Now, this isn't a whole lot of time here. If you have a local shop where you shop for your favorite e-liquids, chances are, they're going to close. Stop by your favorite shop, say hi and technically, goodbye to the shop and its employees. Thank them for the years of service in helping you discover your all-day vape.