Letter to California AG Rob Bonta Regarding Illegal Vapes
The Honorable Rob Bonta
Attorney General
State of California Department of Justice
1300 "I" Street
Sacramento, CA 95814
The United States Hispanic Business Council, joined by the undersigned advocacy groups, write to urgently request your intervention and swift action in addressing the continued presence of Chinese-manufactured, illegal flavored disposable e-cigarettes in California. These products disproportionately target and impact children and continue to be readily available for purchase in California, despite the state's recently enacted law banning all flavored tobacco products.
As you know, underage vaping is a significant concern nationwide. Flavored disposable vapes increased in popularity among our youth in the wake of the 2020 decision by the Trump Administration to ban cartridge-based flavored vaping products but not the disposable variety. In its final form, the regulation did not cover flavored disposable vapes, creating a market for Chinese manufacturers to exploit at the peril of our nation’s children.
Our kids are being targeted with these products that look and taste like candy with names like Rainbow Cotton Candy and Gummy Bear to name a few. Of note, none of these flavored disposable vapes are authorized by the Food and Drug Administration (FDA) and all are illegal under California law. Illegal vape usage has increased by over 2000% in the last few years. This is important to the Hispanic community because we constitute over 50% of California students. This means that approximately 3.3 million Hispanic students in California are at risk, and we believe you are key to ensuring their safety.
The FDA has certainly been more focused on the issue as Dr. Brian King, the director for the FDA’s Center for Tobacco Products stated, “science clearly shows that a majority of youth who use e-cigarettes report that the products they are using are disposable and flavored.” The FDA also stated that enforcement of e-cigarettes is “a top priority for the FDA” and that recent actions by the FDA “should be a wake-up call for retailers of Elf Bar and Esco Bars products nationwide. If they’re waiting for a personal invitation to comply with the law, they might just get it in the form of a warning letter or other action from the FDA.”
As a group of business associations, we believe everyone should have the right to purchase any product, so long as it’s responsibly marketed and legally sold. However, the products we are writing to you about today represent a wanton, deliberate targeting of our children, the future workforce of California.
The FDA’s recent enforcement actions including Red Alert (Import Alert 98-06) that banned the importation of some of these products and direct notifications to retailers are a clear illustration from the highest levels of the Administration that action must be taken. Although there is still more work to be done, FDA Commissioner Robert Califf has done right by the American people, now we are hoping you will do the same by the people of California.
In March of this year, a three-part investigative series by the I-Team at ABC 7 in San Francisco found that the “sale of most flavored tobacco products is prohibited in California, but the I-Team has discovered an enforcement loophole that may be putting youth at risk.” The report continues, stating their investigation found that the guidance from the state regarding the ban “has resulted in confused retailers and teens being offered illegal products.”
It is alarming that despite California’s prohibition of flavored vapor products and the FDA's enforcement actions, millions of these illegal disposable vapes, 90% of which are manufactured in China, remain on store shelves across California. This flagrant disregard by the manufacturers, distributors, and retailers for public health and safety is unacceptable.
Bottom line, we need to ensure that California’s flavor ban law is being rigorously enforced and there is clarity as to which disposable vapor products are illegal for the sake of our children.
As the Attorney General, you are the first line of defense and last hope for our community. We firmly believe that your authority and duty provide the opportunity to formulate effective enforcement policies that will promptly remove these deadly and illegal products from store shelves. As an advocate for California's population, we respectfully implore you to take immediate action to enforce the law and remove these illegal products from store shelves.
As the chief legal officer for the Golden State, we urge you to enact the following:
Mobilize enforcement efforts: Devote necessary resources to enforce the existing ban and ensure that all illegal flavored disposable vaping products are swiftly removed from store shelves across California.
Strengthen penalties: Advocate for stricter penalties for those involved in the sale, distribution, or manufacture of illegal flavored disposable vaping products, thereby deterring their proliferation within our communities.
Enhance retailer education: Provide educational resources to retailers to help them identify illegal flavored disposable e-cigarettes and the legal consequences of selling these products.
Enhance public awareness: Launch educational campaigns to inform parents, guardians, educators, and students about the risks associated with illegal flavored disposable e-cigarettes, specifically targeting the Hispanic community to address the disproportionate impact.
Taking decisive action on this urgent matter will demonstrate your commitment to protecting the health and well-being of California’s youth; particularly Hispanics. We eagerly await your prompt action, knowing that our community's future is in very capable hands.
Sincerely,
