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CA – Vote NO on Prop 31
Are vapes banned in California?
In 2020 a bill known as SB 793 was passed in California, which sought to ban the sale of many tobacco products – including vapor products – in flavors other than tobacco in all brick and mortar locations within the state. But enactment of the bill was stopped short by a campaign (entirely funded by cigarette companies) challenging the legislation and putting the decision to California voters in what’s known as a veto referendum. This means that the flavor ban is in limbo until it’s voted on this November in California’s General Election.
The referendum is designated as Proposition 31 on California ballots, and a “No” vote will stop the flavor ban from ever taking effect.
While vapes are not technically banned in California, the issue is complicated at the federal level. The only vapor products that are legally allowed to be sold anywhere in the US are the limited products that the US Food & Drug Administration (FDA) has authorized for sale, or certain products which have been battling the FDA in court while their applications are being reviewed.
To date, the FDA has refused to authorize any vapor product in a flavor other than tobacco. So while there are still retailers selling a variety of vaping products in California, and across the country, technically they are subject to enforcement by the FDA, which can issue warning letters and other penalties and legal actions at any time.
Even if FDA were to eventually authorize some vapes in flavors other than tobacco, they would still be banned in California if this referendum passes.