San Francisco Judge: JUUL's Proposition C May Overturn Flavor Vape Ban

On October 22, reports from foreign media indicated that a vote in San Francisco passed a bill that would overturn the city's upcoming ban on the sale of e-cigarettes, instead limiting the sale of e-cigarette products.

San Francisco e-cigarette company Juul initiated Proposition C in the vote on November 5, "a measure to prevent youth from using vapor products." The aim is to repeal legislation passed by city regulators that is set to take effect in January, which prohibits the sale of e-cigarettes that have not yet completed FDA review.

Juul invested nearly $19 million in this measure, but suddenly withdrew its funding support at the end of September amid strict scrutiny from regulators and strong public protests against the company's youth marketing strategies.

Proposition C would limit the purchase of e-cigarettes and nicotine pods to two sticks and five packs of pods per physical store purchase, and two sticks and 60 milliliters of nicotine liquid per month for online purchases. The bill also requires online sellers shipping e-cigarettes to San Francisco addresses to apply for a license, just as physical stores selling these products must do.
  SF Supervisor Aaron Peskin spoke outside City Hall in September, where the coalition opposed Proposition C.
Proposition C is the most significant item in this election cycle: it generated $24 million in donations, with about $19 million in support and $7 million in opposition, far exceeding the combined $2 million of the other five ballot measures.

This marks an unusual, perhaps unprecedented development: supporters of a local ballot measure spent nearly a record amount of money to promote an initiative, only to withdraw it just days before voting began. JUUL supports Proposition C because it believes regulation is better than prohibition. The company argues that its products are for adult smokers seeking to transition to e-cigarettes. The company claims its products are less harmful than cigarettes.

The main supporter of the bill is the "Reasonable Vapor Regulation Coalition," a campaign committee founded and funded by JUUL. Coalition members also include small business groups representing local tobacco shops and grocery store owners selling e-cigarettes.
  Health groups and parent coalitions opposing the measure
The main opponents of Proposition C are the San Francisco Tobacco-Free Coalition, a coalition of health groups and parent organizations, including the American Heart Association, the American Lung Association, and the anti-smoking advocacy group Tobacco-Free Kids. In fact, every elected official connected to the area, from London Mayor Bryant to House Speaker Nancy Pelosi and Senator Dianne Feinstein, opposed Proposition C. The measure's biggest financial opponent is billionaire former New York City Mayor Michael Bloomberg, who donated $7 million to the opposition.

The main point of contention between supporters and opponents is whether the measure would overturn the city's existing ban on flavored tobacco products, which was passed by voters in 2018 and prohibits the use of fruit-flavored and sweet-flavored e-cigarettes in the area. Public health officials have called JUUL the core of the "youth vaping crisis." Juul has taken the case to court, and a judge in the San Francisco Superior Court ruled that Proposition C could potentially overturn the flavored e-cigarette ban.