GOOD AFTERNOON. UM AND THANK YOU
ALL FOR BEING HERE. UM WE'RE
THIS THE JOINT REFERENDUM
HEARING ON PROPOSITION 31. LABOR
TOBACCO PRODUCTS. UM THANK YOU
ALL ONCE AGAIN FOR BEING HERE
BEFORE WE BEGIN. I'D LIKE TO
MAKE A FEW COMMENTS IN ORDER TO
FACILITATE THE GOAL OF THIS
HEARING. WE WILL NOT PERMIT
CONDUCT THAT DISRUPTS, DISTURBS
OR OTHERWISE IMPEDE THE ORDERLY
PROGRESS OF LEGISLATIVE
PROCEDURE PROCEEDINGS. ALL
PANELISTS WILL BE TESTIFYING IN
PERSON. THERE WILL BE A TOTAL OF
30 MINUTES FOR PUBLIC TESTIMONY
WITH A TIME LIMIT OF ONE MINUTE
PER WITNESS. TESTIMONY WILL NEED
TO FOCUS ON THE REFERENDUM
COMMENTS. ANOTHER ISSUES ON
OTHER ISSUES WILL BE RULED OUT
OF ORDER, AND YOUR TIME WILL
EXPIRE IMMEDIATELY. WELCOME
AGAIN, EVERYONE. TODAY WE'RE
HOLDING AN INFORMATIONAL HEARING
ON PROPOSITION 31, WHICH IS A
REFERENDUM ON SENATE BILL 7 93
BY SENATOR JERRY HILL WILL
JOINTLY AUTHORED BY ME AND DR
PAN, AMONG OTHERS. IN AUGUST
2020. THE CALIFORNIA LEGISLATURE
PASSED THE BILL, WHICH GOVERNOR
NEWSOM SIGNED ON AUGUST 28TH
2020. SB 7 93 PROHIBITS A
TOBACCO RETAILERS FROM SELLING A
FLAVORED TOBACCO PRODUCT OR
TOBACCO PRODUCT FLAVOR ENHANCER.
AMENDMENTS TO 79 SB 7 93 WERE
NEGOTIATED WITH THE OPPOSITION
IN THE ASSEMBLY TO EXEMPT
PREMIUM CIGARS SOLD IN CIGAR
LOUNGES WHERE PRODUCTS ARE
PURCHASED AND CONSUMED ONLY ON
THE PREMISES AND TO EXEMPT LOOSE
LEAF TOBACCO. CALIFORNIA
ASSEMBLY. THE BIPARTISAN VOTE
WAS 58 TO 1. IN THE CALIFORNIA
STATE SENATE. THE VOTE WAS 34 TO
0 ALL 29. SENATE DEMOCRATS,
ALONG WITH FIVE SENATE
REPUBLICANS VOTED FOR SB 7 93.
AFTER THE BILL WAS SIGNED,
HOWEVER, THE OPPOSITION
QUALIFIED THIS REFERENDUM FOR
THE BALLOT WHICH PREVENTED THE
BILL FROM TAKING EFFECT UNTIL
THIS ISSUE WAS PUT BEFORE THE
VOTERS. IF A MAJORITY OF VOTERS
VOTE YES ON PROPOSITION 31 SB 7
93 WILL GO INTO EFFECT. EFFECT
BANNING FLAVORED TOBACCO SALES
IN THE STATE OF CALIFORNIA. IF
THE MAJORITY VOTE NO. SB 7 93
WILL NOT TAKE EFFECT. UM I WOULD
LIKE DR PAN IS DELAYED IN CAUCUS
, BUT WHEN HE DOES ARRIVE, WE
WILL ALLOW HIM TO MAKE ANY OPEN
REMARKS. UM AND RIGHT NOW WE'LL
GO AHEAD. UH YOU CAN SEE IT'S A
IT'S A SMALL GROUP HERE TODAY.
WE'LL GO AHEAD WITH FOR OUR
FIRST PANEL PROVIDES AN OVERVIEW
OF THE REFERENDUM AND A FISCAL
ANALYSIS WE HAVE SONJA PATHETIC.
AND SOUTH KIRSTEIN WITH THE
LEGISLATIVE ANALYST'S OFFICE,
PLEASE, WHENEVER YOU'RE READY
THANK YOU, DOCTOR. WOULD, UM I
AM SONYA PADDOCK FROM THE
LEGISLATIVE ANALYST'S OFFICE. AS
JUST NOTED, AND WITH ME TODAY IS
MY COLLEAGUE SETH KIRSTEIN.
TOGETHER WE LED THE PREPARATION
OF THE ANALYSIS FOR PROPOSITION
31 THE ISSUE BEFORE YOU TODAY,
WHICH IS AS DOCTOR WOULD NOTED A
REFERENDUM ON SENATE BILL 7 93.
I WILL FIRST PROVIDE SOME
BACKGROUND CONTEXT AND DISCUSS
THE MEASURE'S PROVISIONS. MR
KIRSTEN WILL THEN GO OVER OUR
ESTIMATES OF THE IMPACT THE
MEASURE WOULD HAVE ON STATE AND
LOCAL GOVERNMENTS, REVENUES AND
COSTS. AND BEFORE I BEGIN, YOU
SHOULD HAVE A HANDOUT PREPARED
BY OUR OFFICE, WHICH I BELIEVE
IS ALSO GOING TO BE PROJECTED
FOR THE PEOPLE IN ATTENDANCE IN
PERSON. UM FOR THOSE FOLLOWING
ALONG ONLINE, THIS HANDOUT CAN
BE FOUND ON THE ASSEMBLY HEALTH
COMMITTEE'S WEB PAGE OR ON OUR
WEB PAGE, WHICH IS L O DOT C A
DOT GOV IF YOU COULD TURN TO
PASS THE COVER PAGE, I'LL BEGIN
ON PAGE ONE. AND DISCUSS THE
ELLOS ROLE IN THE REFERENDUM
PROCESS. STATE LAW REQUIRES OUR
OFFICE TO PROVIDE AN IMPARTIAL
ANALYSIS OF ALL STATEWIDE BALLOT
MEASURES, INCLUDING REFERENDA.
THIS ANALYSIS IS INCLUDED IN THE
VOTER INFORMATION GUIDE AND
DESCRIBES THE PROPOSITION AND
IT'S ESTIMATED FISCAL IMPACTS. I
NOTE THE CITIZENS INITIATIVE
PROCESS ALSO DOES INCLUDE AN
EARLIER ROLE FOR OUR OFFICE.
STATE LAW REQUIRES THE LAO
TOGETHER WITH THE DEPARTMENT OF
FINANCE TO PREPARE A JOINT
FISCAL ANALYSIS FOR EACH MEASURE
BEFORE IT CAN BE CIRCULATED FOR
SIGNATURES IN THE CASES OF
REFERENDA LIKE PROP 31. THIS IS
NOT THE CASE. I WOULD ALSO NOTE
THAT OUR ROLE IN THIS PROCESS IS
A LITTLE DIFFERENT FROM THE LAO
ROLE, WHICH YOU ARE LIKELY USED
TO. UM FOR EXAMPLE, WE CANNOT
DISCUSS, UM THE PROS AND CONS OF
THE MEASURES OR OFFER
ALTERNATIVES OR RECOMMENDATIONS
. INSTEAD OUR DUTY IS TO
DESCRIBE FOR VOTERS WHAT THE
MEASURE WOULD DO AN ESTIMATE ITS
FISCAL IMPACT. IF YOU COULD TURN
TO THE NEXT PAGE, I'LL NOW GO
OVER SOME BACKGROUND CONTEXT
RELATED TO PROPOSITION 31. FIRST
AS YOU KNOW, THERE ARE MANY WAYS
THAT PEOPLE USE TOBACCO AND SOME
OF THESE TOBACCO PRODUCTS MIGHT
BE FLAVORED. FOR EXAMPLE,
CIGARETTES CAN BE MENTAL
FLAVORED. FOR THE DURATION OF
THIS PRESENTATION. WHEN I REFER
TO FLAVORS I MEAN NON TOBACCO
FLAVORS. AND IN ADDITION, I WILL
REFER TO ELECTRONIC NICOTINE
DELIVERY SYSTEMS SUCH AS E
CIGARETTES, OR VAPING PRODUCTS
AS ELECTRONIC TOBACCO PRODUCTS.
ELECTRONIC TOBACCO PRODUCTS
MIGHT ALSO CONTAIN FLAVORS AND
USERS OF ELECTRONIC TOBACCO
PRODUCTS CAN ALSO ADD FLAVORS
SEPARATELY. I WILL NEXT BRIEFLY
DESCRIBED THE TOBACCO
CONSUMPTION ANDSCAPE. WE
REVIEWED A NUMBER OF DIFFERENT
SURVEYS, WHICH SUGGESTS THAT
ABOUT ONE IN 10, CALIFORNIA
ADULTS AND ONE IN 10, CALIFORNIA
YOUTH USED TOBACCO PRODUCTS. UM
THE SURVEYS SUGGEST THAT ADULTS
ARE MUCH MORE LIKELY THAN YOUTH
TO SMOKE CIGARETTES, WHILE YOUTH
ARE MORE LIKELY THAN ADULTS TO
USE ELECTRONIC PRODUCTS. WHEN IT
COMES TO FLAVORS. SURVEYS
SUGGEST THAT AMONG SMOKERS ABOUT
20% OF ADULTS AND 50% OF YOUTH
USE MENTHOL CIGARETTES. AMONG
USERS OF ELECTRONIC PRODUCTS,
MOST USED FLAVORED PRODUCTS. I
WILL NEXT SPEND A MOMENT
DISCUSSING REGULATION OF
FLAVORED TOBACCO PRODUCTS AS IT
INVOLVES RULES AT ALL LEVELS OF
GOVERNMENT AND CAN OFTEN CHANGE.
AT THE FEDERAL LEVEL. THE
TOBACCO CONTROL ACT PASSED IN
2009 GRANTING AUTHORITY TO THE
FEDERAL FOOD AND DRUG
ADMINISTRATION TO REGULATE
TOBACCO. THIS LAW ALSO BANS
CIGARETTES FROM HAVING FLAVORS
WITH THE EXCEPTION OF MENTAL
UNDER ITS AUTHORITY THAT FDA
RECENTLY PROPOSED A RULE TO BAN
MENTHOL CIGARETTES AND ALL
FLAVORED CIGARS. BUT IT'S STILL
DECIDING WHETHER OR NOT TO MAKE
THIS RULE FINAL. PART OF THE FDA
IS AUTHORITY INCLUDES
AUTHORIZING NEW TOBACCO
PRODUCTS. AS OF JUNE, IT HAD
AUTHOR PARDON ME IT HAD
AUTHORIZED FEWER THAN 50
PRODUCTS. INCLUDING 23
ELECTRONIC PRODUCTS, ALL OF
WHICH WERE EITHER TOBACCO
FLAVORED OR UNFLAVORED. THE
OTHER PRODUCTS AUTHORIZED WERE
MENTOR, MENTHOL FLAVORED OR
UNFLAVORED. THE FDA HAS DENIED
AUTHORIZATION TO MORE THAN ONE
MILLION FLAVORED ELECTRONIC
TOBACCO PRODUCTS. I'LL NOW TURN
TO PAGE THREE. AND JUST, UH,
MENTIONED THAT THE FDA IN 2020
ALSO BEGAN STEPPING UP
ENFORCEMENT AGAINST CERTAIN
UNAUTHORIZED ELECTRONIC TOBACCO
PRODUCTS. STATE AND LOCAL
GOVERNMENTS CAN HAVE ADDITIONAL
RULES, FOR EXAMPLE. MANY LOCAL
GOVERNMENTS IN CALIFORNIA HAVE
BANDS AGAINST CERTAIN SALES OF
FLAVORED TOBACCO PRODUCTS. ABOUT
A THIRD OF CALIFORNIANS
CURRENTLY LIVE IN AREAS WITH
SUCH RULES. NEXT CALIFORNIA
CHARGES. TOBACCO TAXES ON
CIGARETTES, ELECTRONIC TOBACCO
PRODUCTS AND OTHER TOBACCO
PRODUCTS. LAST YEAR, THESE TAXES
RAISED ABOUT TWO BILLION FOR A
VARIETY OF PROGRAMS EARLIER
PROPOSITIONS APPROVED BY VOTERS
DICTATE HOW THOSE TAX REVENUES
CAN BE SPENT. THE FIGURE ON PAGE
THREE NOTES. THE SHARE F
TOBACCO TAX REVENUE GOING TO
EACH OF THE VARIOUS PROGRAM
AREAS, INCLUDING HEALTH CARE,
EARLY CHILDHOOD PROGRAMS,
TOBACCO CONTROL AND MEDICAL
RESEARCH. NEXT. WE'LL DISCUSS
THE LEGISLATIVE EFFORT THAT IS
THE SUBJECT OF PROPOSITION 31.
AS DOCTOR WOULD DESCRIBED
EARLIER IN 2020, THE LEGISLATURE
APPROVED AND THE GOVERNOR SIGNED
SENATE BILL 7 93. AND SENT SB 7
93 DID NOT TAKE EFFECT IN 2021
HAS PLANNED BECAUSE THIS
REFERENDUM BEFORE YOU TODAY
QUALIFIED FOR THE BALLOT, AND
VOTERS WILL NOW GET A CHANCE TO
WEIGH IN ON WHETHER UH, TO PUT
SB 7 93 INTO EFFECT. ALL
DESCRIBED THE MEASURE
MOMENTARILY AND BRIEFLY, BUT
FIRST IF YOU COULD TURN TO THE
NEXT PAGE UM, I WANT TO JUST
QUICKLY MENTION WHAT VOTE ON A
REFERENDUM MEANS BECAUSE THIS IS
A REFERENDUM, AND IT CAN GET
CONFUSING. WE WOULD NOTE THAT
YES VOTE. MEANS SB 7 93 WOULD GO
INTO EFFECT WHILE IN NO VOTE
MEANS THE SB 7 93 DOES NOT GO
INTO EFFECT. THE MAIN PROVISIONS
OF PROPOSITION 31 SB 7 93
INCLUDE IT BANS IN PERSON STORES
AND VENDING MACHINES FROM
SELLING MOST FLAVORED TOBACCO
PRODUCTS AS WELL AS TOBACCO
PRODUCT FLAVOR ENHANCERS. THE
BAN DOES NOT APPLY TO SHEESHA
TOBACCO, CERTAIN CIGARS AND
LOOSE LEAF TOBACCO. IT DEFINES A
FLAVORED PRODUCT AS ONE THAT HAS
A FLAVOR APART FROM THE REGULAR
TOBACCO FLAVOR AND INCLUDES SOME
EXAMPLES OF WHAT THOSE FLAVORS
MIGHT BE SUCH AS FRUIT, MINT,
MENTHOL, HONEY, CHOCOLATE AND
VANILLA. IT, UH, CHARGES A
PENALTY OF $250 FOR EACH
VIOLATION OF THE REQUIREMENTS.
I'M NOW GOING TO PASS IT TO MY
COLLEAGUE, MR KIRSTEIN, WHO WILL
GO OVER ESTIMATE OF FISCAL
EFFECTS ON STATE AND LOCAL
GOVERNMENT. I'M SETH KIRSTEIN
WITH THE L A. AND I'LL COVER THE
LAST PAGE OF OUR HAND OUT WITH A
SUMMARY OF PROP 30 ONE'S FISCAL
EFFECTS. THE MEASURE IS MAIN
FISCAL EFFECT IS A LIKELY
REDUCTION IN STATE TOBACCO TAX
REVENUES. IN PARTICULAR, WE
ESTIMATE THAT THIS REVENUE LOST
LIKELY WOULD BE IN THE RANGE OF
TENS OF MILLIONS TO AROUND $100
MILLION PER YEAR. WHERE WE END
UP IN THAT RANGE DEPENDS ON A
VARIETY OF FACTORS, MOST NOTABLY
HOW CONSUMERS RESPOND TO THE
MEASURE. REFERRING BACK TO THE
LITTLE TABLE ON PAGE THREE THAT
SUMMARIZES THE ALLOCATION OF
TOBACCO TAX REVENUES. REDUCTIONS
IN THOSE REVENUES WOULD REDUCE
FUNDING FOR HEALTHCARE PROGRAMS,
EARLY CHILDHOOD PROGRAMS AND
TOBACCO CONTROL PROGRAMS. PROP
31 ALSO WOULD AFFECT STATE AND
LOCAL GOVERNMENT HEALTHCARE
COSTS. THE MEASURE LIKELY WOULD
REDUCE TOBACCO CONSUMPTION,
WHICH IN TURN WOULD IMPROVE
HEALTH. AND AT LEAST IN THE
SHORT TERM THAT COULD RESULT IN
LOWER GOVERNMENT HEALTHCARE
COSTS. OVER TIME. BETTER HEALTH
COULD LEAD TO PEOPLE LIVING
LONGER, WHICH COULD LEAD TO
HIGHER HEALTHCARE COSTS. SO THE
SIGN OF THE MEASURES LONGER RUN
EFFECTS ON GOVERNMENT HEALTHCARE
COSTS S UNCLEAR. THAT CONCLUDES
OUR PREPARED REMARKS, AND WE'D
BE HAPPY TO TAKE QUESTIONS. IF
YOU HAVE ANY THANK YOU VERY
MUCH. ANY QUESTIONS? OKAY, SO
YOU KNOW, THANK YOU VERY MUCH.
APPRECIATE IT. WELL, NOW GO ON
TO OUR SECOND PANEL. IN SUPPORT
OF SB 7 93 AND ASKING FOR A YES
VOTE ON PROPOSITION 31. IS DR
VALERIE YEAGER. AH AND THE
AUTHOR OF SB 7 93. SENATOR HILL.
I'M SORRY. I'VE NEVER HEARD THAT
SOUND BEFORE. HMM. OKAY, SO
WHENEVER YOU'RE READY, THERE'S A
MICROPHONE BUTTONS THERE. SO
WHENEVER YOU'RE READY, PLEASE GO
AHEAD. I THINK WE TALKED ABOUT
IT IF IT'S OKAY IF I MAY GO
FIRST, IF THAT WOULD BE WITH THE
CHAIR AND THE COMMITTEE. IT IT'S
UH THERE WOULD IT AND MY FRIEND
SITTING ON THE UH, THE HEALTH
COMMITTEE IN THE ASSEMBLY AND
ALSO CHAIR PAN WHO IS HERE AS
WELL. IT'S REALLY WONDERFUL TO
SEE ALL OF YOU. I CAN'T TELL YOU
WHAT AN HONOR. IT IS TODAY TO BE
HERE AND BY THE WAY, THERE IS
LIFE AFTER THE LEGISLATURE. I
JUST WANT YOU ALL TO KNOW THAT
I'M HERE TODAY TO TALK ABOUT ONE
OF MY LAST BILLS IN THE SENATE.
I THOUGHT AFTER THE DELIBERATION
, FLOOR VOTES AND THE GOVERNOR
SIGNING THE BILL, IT WOULD
BECOME LAW. AND THAT WOULD BE
IT. WELL, I WAS MISTAKEN. I'M
NOW PROUD TO ADD THAT BILL TO
THE MANY BATTLE SCARS EARNED
OVER THE YEARS IN TOUGH FIGHTS
WITH BIG TOBACCO. THOSE FIGHTS
STARTED FOR ME, WHILE MAYOR OF
THE CITY OF SAN MATEO. S WE
WERE ONE OF THE FIRST CALIFORNIA
CITIES TO BAN SMOKING IN
RESTAURANTS, BARS AND THE
WORKPLACE. TWO FIGHTS IN THE
ASSEMBLY WHEN I WAS A MEMBER
THERE TO STRENGTHEN PENALTIES
FOR SELLING TOBACCO PRODUCTS TO
MINORS, BUT I COULDN'T BE MORE
PROUD. AND YOU HAVE AUTHORED SB
7 93, THE BIPARTISAN AND
OVERWHELMINGLY POPULAR
LEGISLATION TO END THE SALE OF
MOST FLAVORED TOBACCO PRODUCTS
ACROSS CALIFORNIA THAT MANY OF
YOU HERE TODAY FOUGHT HARD TO
PASS, AND I'M GRATEFUL FOR THAT.
WHEN THIS LEGISLATIVE BODY
PASSED SB 7, 93 AND 2020. IT WAS
EVEN FURTHER PROOF THAT BIG
TOBACCO DOESN'T STAND A CHANCE
AGAINST ALL THE PEOPLE OF
CALIFORNIA AND THEIR ELECTED
REPRESENTATIVES ON BOTH SIDES OF
THE AISLE. WE SENT A CLEAR
MESSAGE TO TOBACCO COMPANIES
THAT CALIFORNIA WOULD NOT STAND
BY AND ALLOW THEM TO USE CANDY
FLAVORS TO HOOK KIDS ON
NICOTINE. WE HAD A DELIBERATIVE
TRANSPARENT AND THOROUGH,
PROCESS SPIRITED DEBATE IN BOTH
THE ASSEMBLY AND THE SENATE. THE
TOBACCO INDUSTRY FOUGHT US EVERY
STEP OF THE WAY. WE CAME TO A
CONSENSUS. IN THE BATTLE BETWEEN
CALIFORNIA AND BIG TOBACCO.
CALIFORNIA WON FAIR AND SQUARE.
COLLEAGUES YOU ALREADY KNOW HOW
THE STORY GOES PAST A
TRANSFORMATIVE LAW IN THE
TOBACCO COMPANIES IMMEDIATELY
SPENT $20 MILLION TO REVERSE IT.
COMPLETELY DISREGARDING THE
LEGISLATIVE PROCESS. JUST LOOK
AT THE VOTE COUNTS AS CHAIR,
WOOD SAID. 34 ZERO IN THE
ASSEMBLY. I MEAN IN THE SENATE,
58 TO 1 IN THE ASSEMBLY. IT'S
SOMEHOW WE STILL HAVE A
REFERENDUM ON THIS LIFE SAVING
LAW. DO NOT BE FOOLED. I AM HERE
BEFORE YOU TODAY BECAUSE BIG
TOBACCO THINKS THEY CAN BUY FOR
THEMSELVES THE RIGHT TO MARKET
HIGHLY ADDICTIVE NICOTINE
PRODUCTS TO OUR KIDS. IT IS AN
AFFRONT TO OUR DEMOCRATIC
PROCESS. THAT INDUSTRIES LIKE
THIS THINK THAT THEY CAN GO
AROUND THE PEOPLE OF CALIFORNIA
TO REWRITE THE LAW THE WAY THEY
WANT. THIS IS WHAT CALIFORNIA IS
UP AGAINST THIS NOVEMBER. A DEEP
POCKETED INDUSTRY THAT DEALS IN
DECEPTION. AND IT ISN'T AFRAID
TO UNDERMINE OUR DEMOCRATIC
PROCESS. I BELIEVE, AND I KNOW
YOU DO, TOO. NOTHING IS MORE
IMPORTANT THAN DOING THE RIGHT
THING TO PROTECT OUR KIDS FROM
GETTING HOOKED ON NICOTINE.
HECK. ALMOST ALL OF YOU AND ALL
OF YOU HERE TODAY IN THIS ROOM
PLAYED A KEY ROLE IN PASSING
HISTORIC LEGISLATION TO DO JUST
THAT AND PROTECT OUR KIDS.
TOBACCO COMPANIES USE CANDY
FLAVORS TO HIDE STRONG HITS OF
NICOTINE AS WE KNOW. HIGHLY
ADDICTIVE DRUG THAT IS
ESPECIALLY DANGEROUS FOR KIDS,
HARMING BRAIN DEVELOPMENT AND
IMPACTING THEIR ATTENTION, MOOD
AND IMPULSE CONTROL. WITH A YES
ON 31 VOTE. WE CAN STOP BIG
TOBACCO FROM USING FLAVORS TO
GET KIDS HOOKED ON NICOTINE AND
PROFITING. FROM ADDICTION,
DISEASE AND DEATH. IN CALIFORNIA
. ALMOST ALL HIGH SCHOOL E
CIGARETTE USERS PREFER FLAVORED
TOBACCO PRODUCTS. TODAY. OVER
TWO MILLION MIDDLE AND HIGH
SCHOOL STUDENTS NATIONWIDE USED
E CIGARETTES. OUR OPPONENTS ARE
ALREADY LYING TO THE PUBLIC IN
THEIR BALLOT ARGUMENT. TWISTING
MISLEADING DATA TO TRICK VOTERS
AND RAISED DOUBTS ABOUT THE
EFFICACY. OF POLICIES THAT TAKE
FLAVORED TOBACCO PRODUCTS OFF
THE SHELVES. BUT DO NOT BE
FOOLED. WE'VE SEEN IN STUDY
AFTER STUDY IN CITIES AND STATES
WITH THEIR OWN POLICIES SIMILAR
TO SB 7 93 THAT IT ISN'T JUST
THE SALES OF FLAVORED TOBACCO
PRODUCTS THAT PLUMMET ITS
OVERALL TOBACCO USE. YES, ON 31.
WE'LL PROTECT KIDS FROM EVER
TRYING TOBACCO AND HELP USERS
QUIT. SAVING HUNDREDS OF
MILLIONS OF TAXPAYER DOLLARS
ANNUALLY. AND SAVING COUNTLESS
LIFE. IF WE CAN SAVE EVEN A FEW
LIVES BY ENDING THE SALE OF
CANDY FLAVORED TOBACCO. IT WILL
ALL BE WORTH IT. THANK YOU FOR
THIS OPPORTUNITY CHAIRS ALLOW ME
TO SPEAK TODAY. THANK YOU VERY
MUCH, SENATOR HILL. IT'S GREAT
TO SEE YOU AGAIN, OBVIOUSLY. SO,
UM AND THEN, DR YEAGER, PLEASE.
PUSH THE BUTTON THERE. NOPE.
OKAY? GOOD AFTERNOON, SENATOR
PAN AND ASSEMBLYMEMBER'S WOOD
AND TO THE OTHER MEMBERS HERE OF
THE STATE AND ASSEMBLY HEALTH
COMMITTEE. I AM DR VALERIE
YERGER. I'M A LICENSED NATURE
EMPATHIC DOCTOR AND PROFESSOR
AND HEALTH POLICY AT THE
UNIVERSITY OF CALIFORNIA AND SAN
FRANCISCO. I STARTED STUDYING
PREVIOUSLY SECRET TOBACCO
DOCUMENTS MORE THAN 20 YEARS
AGO. WHEN I SAW WITH MY OWN
EYES, HOW PERVASIVE THE PRESENCE
OF THE TOBACCO INDUSTRY WAS IN
THE VERY COMMUNITIES THAT ARE
DISPROPORTIONATELY BURDENED BY
TOBACCO RELATED DISEASES AND
DEATH. I BECAME COMPELLED TO
GIVE UP MY CLINICAL PRACTICE TO
EXPOSE THE TOBACCO INDUSTRY'S
RACIST, PREDATORY MARKETING
TACK, ITS TACTICS AND THEIR CO
OPTATION OF BLACK LEADERSHIP
GROUPS. I'M HERE TODAY AS A
FOUNDING MEMBER OF THE AFRICAN
AMERICAN TOBACCO CONTROL
LEADERSHIP COUNCIL. I HAVE BEEN
FIGHTING ALONGSIDE THE OTHER
DEDICATED AND COMMITTED MEMBERS
OF THE A 80 CLC TWO
AUTHENTICALLY ENGAGED WITH
COMMUNITY STAKEHOLDERS ACROSS
THIS COUNTRY TO DISSEMINATE
EVIDENCE BASED INFORMATION THAT
SHOWS IT IS NOT AN ACCIDENT. BUT
BY DESIGN THAT MOST BLACK
SMOKERS USE MENTHOL CIGARETTES.
DURING THE 19 FIFTIES 5% OF
BLACK AMERICAN SMOKERS UED
MENTAL CIGARETTES TODAY 85% D
THOUGH AFRICAN AMERICANS
REPRESENT ONLY 12% OF THE US
POPULATION, BLACK SMOKERS CARRY
41% OF THE PREMATURE DEATHS
CAUSED BY THESMOKING OF MENTHOL
CIGARETTES BETWEEN THE YEARS
1980 2018. BLACK AMERICANS AND
OTHER GROUPS WHO HAVE BEEN
PREDATORY LEE, TARGETED BY THE
TOBACCO INDUSTRY HAVE SUFFERED
ENORMOUS HARM. BIG TOBACCO HAS
SPENT BILLIONS TO LOBBY
ADVERTISE AND MARKET MINTY
MENTHOL CIGARETTES. THE ORIGINAL
CANDY FLAVORED CIGARETTE BIG
TOBACCO ALSO PAYS MILLIONS TO
THEIR FRONT GROUPS AND THEIR
MOUTHPIECES TO SPREAD
DISINFORMATION TO DISRUPT SOUND
PUBLIC HEALTH POLICIES THAT SAVE
LIVES. IT IS NO LONGER A SECRET.
THE BIG TOBACCO KNOWS HOW
ADDICTIVE THEIR PRODUCTS ARE AND
HOW THESE PRODUCTS WHEN
FLAVORED, ARE MORE ATTRACTIVE TO
CHILDREN. TOBACCO DOCUMENTS
REVEAL THE INDUSTRY HAS A TARGET
ON CHILDREN BECAUSE THE INDUSTRY
KNOWS THE YOUNGER THEY GET THE
KIDS THE LONGER THEY WILL HAVE
OUR CHILDREN AS THEIR LIFELONG
CUSTOMERS. WHEN THE OTHER
FLAVORED TOBACCO PRODUCTS
EXPLODED ONTO THE MARKETPLACE.
THE A 80 CLC WAS QUICK TO JOIN
FORCES WITH OTHER ADVOCACY
GROUPS. PUBLIC HEALTH
PROFESSIONALS, COMMUNITY
ORGANIZER'S POLICYMAKERS AND
PRIVATE INDIVIDUALS CONCERNED
ABOUT THE LIVES OF ALL OUR
CHILDREN. WE WORKED TOGETHER IN
SAN FRANCISCO, RESULTING IN THE
BOARD OF SUPERVISORS UNANIMOUSLY
PASSING WHAT BECAME AT THAT TIME
THAT STRONGEST COMPREHENSIVE LAW
IN THE COUNTRY TO PROHIBIT THE
CELLS OF MENTHOL CIGARETTES AND
OTHER FLAVORED TOBACCO PRODUCTS
AT THE LOCAL LEVEL. AND WE ALL
CAME TOGETHER TO FIGHT BIG
TOBACCO WHEN IT ATTEMPTED TO
OVERTURN THAT LAW WITH THEIR
REFERENDUM, BUT THE VOTERS IN
SAN FRANCISCO OVERWHELMINGLY
CITED WITH THEIR CHILDREN. THE
ECHO SENATOR HILL. HERE WE ARE
ONCE AGAIN ON THE FRONT LINES OF
A BATTLE BETWEEN CALIFORNIA AND
BIG TOBACCO FIGHTING OVER THE
HEALTH AND THE LIVES OF OUR
CHILDREN. NOT ONLY AS BIG
TOBACCO'S ATTEMPT AT OVERTURNING
SB 7 93 AND EXTENSION OF THEIR
RACIST ATTACKS ON BLACK
NEIGHBORHOODS, IT IS AN INSULT
TO THE WORK SO MANY BLACK
ORGANIZATIONS HAVE DONE TO
PROTECT OUR KIDS FROM BIG
TOBACCO. THE N A. A. C P THE
NATIONAL MEDICAL ASSOCIATION
HAVE NATIONAL RESOLUTIONS
CALLING FOR THE REMOVAL OF
MENTHOL CIGARETTES AND OTHER
FLAVORED TOBACCO PRODUCTS FROM
THE MARKETPLACE. THE
HISTORICALLY BLACK SORORITY
DELTA SIGMA THETA NOT ONLY HAS
TWO NATIONAL RESOLUTIONS CALLING
FOR MENTAL AND FLAVOR BANDS, BUT
IN 2021, IT'S FAR WEST REGION
MADE SB 7 93 A LEGISLATIVE
PRIORITY. TOBACCO COMPANIES HAVE
LONG USED CANDY FLAVORS TO TRICK
MILLIONS OF KIDS INTO TRYING
ADDICTIVE NICOTINE, CREATING A
YOUTH E CIGARETTE EPIDEMIC. BIG
TOBACCO HAS ALREADY TRICKED
GENERATIONS OF CALIFORNIA'S INTO
GETTING HOOKED ON TOBACCO FOR
LIFE. NOW BIG TOBACCO WANTS TO
TRICK CALIFORNIA VOTERS INTO
VOTING. NO. YES I'M 31 IS AN
EFFECTIVE POLICY THAT IS PROVEN
TO REDUCE USE BY KIDS BY TAKING
CANDY FLAVORED TOBACCO PRODUCTS
OFF STORE SHELVES. IT IS ALSO A
POLICY THAT WILL ADVANCE HEALTH
EQUITY AND SAVE THE LIVES OF
THOSE WHO HAVE ESPECIALLY BEEN
THE TARGET OF BIG TOBACCO. AND
PROPOSITION. 31 WILL NOT
CRIMINALIZED THOSE WHO USE OR
POSSESS FLAVORED TOBACCO.
TOBACCO IS THE NUMBER ONE
PREVENTABLE CAUSE OF DEATH IN
CALIFORNIA. WHERE TOBACCO
DISEASES HE'LL 40,000 PEOPLE
EACH YEAR. SMOKING KILLS PEOPLE
, MORE PEOPLE THAN ALCOHOL, AIDS
, CAR ACCIDENTS, ILLEGAL DRUGS,
MURDERS AND SUICIDES. COMBINED
OF ALL THE KIDS WHO BECOME NEW
SMOKERS EACH YEAR, ALMOST A
THIRD ULTIMATELY DIE FROM IT.
EVERY TIME BIG TOBACCO ADDICTS,
ANOTHER GENERATION OF KIDS, THEY
PUT TAXPAYERS WHETHER THEY SMOKE
OR NOT ON THE HOOK FOR BILLIONS
OF DOLLARS AND TOBACCO RELATED
HEALTH CARE COSTS. AND WE ARE
NOT GOING TO LET BIG TOBACCO
CONTINUE TO HAVE ACCESS TO OUR
KIDS IN CALIFORNIA. NOPE. THIS
IS A REASON WHY THE AMERICAN
LUNG ASSOCIATION AMERICAN HEART
ASSOCIATION, THE AMERICAN CANCER
SOCIETY CANCER ACTION NETWORK, A
T. C L C. THE CALIFORNIA
BRANCHES OF THE N A. A C P
DOCTORS, TEACHERS AND PARENTS
ARE ASKING CALIFORNIA TO VOTE
YES, ON 31. THANK YOU. THANK YOU
SO MUCH FOR YOUR PRESENTATIONS
AND AGAIN, UH, REALLY APPRECIATE
WHAT YOU'VE HAD TO SAY. ACTUALLY
IT'S ALRIGHT. I'M GOING TO MAKE
A BRIEF OPENING STATEMENT SINCE
I GOT IN HERE A LITTLE LATER
THIS THE SENATE WAS OUR PREVIOUS
MEETING RAN OVER A LITTLE BIT.
AND FIRST OF ALL, I JUST WANT TO
SAY WHAT? WELCOME BACK, SENATOR
HILL. THAT'S WONDERFUL TO SEE
YOU AGAIN AND I WOULD CERTAINLY
MY HONOR TO BE YOUR SEAT MATE
PREVIOUSLY, BUT ALSO REALLY WANT
TO THANK YOU FOR YOUR LEADERSHIP
AND THIS ISSUE. I KNOW THAT, UH
THE YEAR. YOU BROUGHT THIS BILL
FORWARD AND HONORED TO HAVE ALSO
BEEN A JOINT AUTHOR WITH YOU, I
THINK AS WELL AS SUMMER WOULD ON
THIS BILL. WE HELD INFORMATIONAL
HEARING ON THIS VERY ISSUE IN
THE SENATE COMMITTEE ON HEALTH.
AND, UM. YOU KNOW, I, UH AND
AGAIN REALLY APPRECIATE YOUR
TESTIMONY AND ALSO TESTIMONY OF
DR YOGURT AS WELL. THANK YOU SO
VERY MUCH. UM YOU KNOW, FRANKLY
, TOBACCO PRODUCTS ARE NOT VERY
PLEASANT. UM BUT WE ALSO KNOW
THE DATA SHOWS IS THAT IF YOU
YOU CAN GET SOMEONE ON A TOBACCO
PRODUCT. BEFORE ESSENTIALLY TOO
EARLY TWENTIES, RIGHT? UM THEN
BECAUSE OF NICOTINE, YOU WANT TO
GET THE NICOTINE TO THE BRAIN.
YOU GET THE NICOTINE THROUGH THE
BRAIN. THEN YOU'VE GOT THEM FOR
ALMOST LIFE RIGHT? UNLESS YOU DO
A LOT OF WORK AS A PHYSICIAN,
CERTAINLY TRY TO HELP PEOPLE.
TOBACCO CESSATION. IT'S VERY
HARD TO GET PEOPLE UNHOOKED FROM
NICOTINE. SO YOU SO THE GOAL IS
YOU HAVE TO TRY TO GET THEM
BEFORE THEY HIT ESSENTIALLY
THEIR THEIR THEIR EARLY TWENTIES
USUALLY ACTUALLY AFFECT VERY FEW
PEOPLE START SMOKING AFTER THEIR
EARLY TWENTIES. SO THE TOBACCO
COMPANIES KNOW THIS RIGHT AND
THEY HAVE TO FIGURE OUT HOW DO I
GET THAT NICOTINE INTO THEIR
BRAIN? BEFORE THEY HIT THAT AGE.
ACTUALLY EARLIER, THE BETTER,
RIGHT? AND AS I SAID, TOBACCO IS
NOT VERY PLEASANT PRODUCT. UM
AND IF IT DIDN'T HAVE THE
NICOTINE, I THINK PEOPLE
WOULDN'T KEEP USING IT. SO HOW
DO I MAKE IT AS EASY AS
POSSIBLE? FOR PEOPLE TO GET OVER
THE UNPLEASANTNESS. AND USE IT
ENOUGH SO THAT I FINALLY GET
THAT NICOTINE THERE AND THE
NICOTINE WILL DO THE REST OF THE
WORK FROM THEN ON. AND IN FACT,
ACTUALLY, IRONICALLY, THE
CHALLENGES IS THAT ONCE YOU GET
SOMEONE ON IT, THEN THEY'RE
WILLING TO PUT UP WITH A LOT TO
KEEP IT GOING, RIGHT. SO WHAT WE
DO KNOW IS, FOR EXAMPLE, PEOPLE
WHO START A FLAVORED TOBACCO
PRODUCTS WILL THEN EVENTUALLY
COULD DRIFT OVER INTO ALTHOUGH
CERTAINLY THE FLAVOR IS STILL
AVAILABLE. THEY'LL STILL
CONTINUE. BUT IF THEY DON'T HAVE
THOSE BECAUSE THE NICOTINE WILL
CREATE CRAVINGS TILL THEN USE
OTHER TOBACCO PRODUCTS. SO WE
KNOW THIS IS AN ENTRY POINT AND
THE FLAVORINGS ARE THERE TO MAKE
IT EASIER FOR PEOPLE TO START.
BECAUSE OTHERWISE MOST PEOPLE
WOULD GO. THIS ISN'T REALLY
GOOD, RIGHT? AND SO THAT'S
THAT'S THE PURPOSE OF THE
FLAVORING IS ATTRACTIVE TO
CHILDREN. I MEAN, THEY
OFTENTIMES INTEREST ENOUGH. THE
OPPONENTS WILL SAY ALSO
ATRACTIVE TO EVERYBODY. YEAH I
AGREE. IT IS ATTRACTIVE.
EVERYBODY THE FLAVORINGS, RIGHT
. BUT WE KNOW THAT THE TARGETS
CHILDREN, BECAUSE IF YOU DON'T
GET THE CHILDREN TO USE IT THEN
, UM, YOU KNOW, THE ADULTS WON'T
TRY OUR WON'T GET THE HOOK.
THAT'S YOU KNOW, THEY DON'T
REALLY START TRYING AFTER YOU
KNOW, IN THE THIRTIES AND
FORTIES, FOR MOST PART IT'S
REALLY CHILDHOOD, AND THAT'S
REALLY WHERE IT'S ABOUT. AND
THEN. ALSO OF COURSE, THE
SHAMEFUL TARGETING OF
COMMUNITIES OF COLOR, SO THE
MENTAL CIGARETTES BEING TARGETED
AFRICAN AMERICAN COMMUNITIES AS
WELL AS OTHER STRATEGIES, OF
COURSE TO, UM AND, FRANKLY, UM,
THEY'VE TAKEN ADVANTAGE OF OUR
NEGLECTED COMMUNITIES OF COLOR
RIGHT, SO THEY HAVE SWOOPED IN
AND SOMETIMES IT FILLED THE NEED
THAT WAS ABSENT COMMUNITY COLOR
WHERE THERE'S NOT ENOUGH
RESOURCES PUT IN ETCETERA TO
SORT OF BY SUPPORT AND LOYALTY
IN THAT AREA, WELL, FRANKLY
PROFITING FROM SELLING THEIR
PRODUCTS AND IT'S AND THAT'S
THAT'S THE CHALLENGE. SO UM,
CERTAINLY, FROM A PUBLIC HEALTH
STANDPOINT, IT'S REALLY
APPRECIATE YOUR LEADERSHIP. UH
AGAIN, SENATOR HILL IN THIS AREA
, AND, UH AND, UH, I AM GLAD TO
SEE YOU'RE AND I KNEW YOU WOULD
NEVER STEP AWAY FROM CONTINUING
THE FIGHT, EVEN THOUGH YOU'RE NO
LONGER IN THE SENATE, SO YOU'RE
A MODEL FOR ME TO LOOK AT AS I'M
AS I CLAMPED, FINISHING MY TIME
HERE IN THE LEGISLATURE TO
CONTINUE TO BE ENGAGED. AND
THESE ISSUES. SO AGAIN. THANK
YOU. SO MUCH FOR YOUR
LEADERSHIP. THANK YOU FOR YOUR
LEADERSHIP, DR YEAGER, AS WELL,
YOU KNOW, LONGSTANDING
LEADERSHIP AND FIGHTING FOR NOT
ONLY YOUR COMMUNITY, BUT ALL
COMMUNITIES HERE IN IN
CALIFORNIA AND AGAIN. UM, UM,
YOU KNOW, UM WHAT WE ARE. WE'LL
HEAR FROM YOU HEAR FROM THE YOU
KNOW FROM THE PROPONENTS OF THE
REFERENDUM, THE OPPOSITION BUT
AGAIN JUST REALLY WANT TO THANK
YOU FOR BEING HERE AND TAKING
YOUR TIME TO PRESENT. ALRIGHT
AND THANK YOU AS WELL. THANK
YOU, SENATOR BEN. APPRECIATE IT,
MY FRIEND. THANK YOU. ALRIGHT UM
OKAY WITH THAT. I THINK WE'RE
GOING TO MOVE ON TO, UH, UM, THE
NEXT STEP PANEL. SO WE HAVE MR
ZHOU LING. UH, THANK YOU HERE TO
PRESENT. ASKING FOR A NO VOTE ON
PROPOSITION 31. WELCOME.
THANK YOU, MR CHAIRMAN. MEMBERS,
UM FOR THE OPPORTUNITY TO
PREVENT THE NO SIDE FOR
OPPOSITION 31. UH MY NAME IS JOE
LANG AND I'M HERE TO SPEAK ON
BEHALF OF THE NO. ON PROP 31
CALIFORNIANS AGAINST
PROHIBITION. WE BELIEVE
CALIFORNIANS SHOULD VOTE? NO
BECAUSE WE BELIEVE THAT THERE IS
A BETTER WAY TO REDUCE TOBACCO
RELATED HARM THAN TOTAL BANS ON
THE SALE OF LEGAL PRODUCTS TO
ADULTS, 21 OLDER ESPECIALLY WHEN
THE BAND WOULD PREVENT THE LEGAL
SALE OF PRODUCTS. THAT THE FDA
HAS DETERMINED ARE LESS HARMFUL.
IN OUR VIEW, THESE PRODUCTS
SHOULD BE LEGAL AND REGULATED,
NOT ILLEGAL AND UNREGULATED. BUT
LET'S START WITH WHAT WE ALL
AGREE ON. NO PERSON NO YOUNG
PERSON OR TEENAGER SHOULD USE
ANY FORM OF TWO BAKING TOBACCO
OR VAPING PRODUCT PERIOD. AND TO
LEVEL SET THIS CONVERSATION WE%
NEED TO REMEMBER. THAT SINCE
2016 THE LEGAL AGE TO CONSUME
TOBACCO AND CALIFORNIA HAS BEEN
21. AND THAT INCLUDES VAPING
PRODUCTS. SO IT'S ALREADY
ILLEGAL FOR ANYONE UNDER 21 TO
USE ANY TOBACCO PRODUCT FLAVORED
OR NOT. PROP 31 IS NOT A BAN ON
FLAVORED TOBACCO FOR CHILDREN
THAT'S ALREADY ILLEGAL. IT'S A
BAN ON LEGAL REGULATED SALES TO
ADULT CONSUMERS. TODAY UNDER YOU
. UNDERAGE USE ACROSS ALL
TOBACCO PRODUCTS. IS IT
GENERATIONAL LOWS? ACCORDING TO
THE CDC S NATIONAL YOUTH TOBACCO
SURVEY. PAST 30 DAYS. CIGARETTE
USAGE IN 2021 FELL TO 1.5. RATES
IN CALIFORNIA OR EVEN LOWER,
ACCORDING TO THE CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH.
PAST 30 DAY USE OF CIGARETTES
AMONG CALIFORNIA HIGH SCHOOL
STUDENTS IN 2020 WAS AT 1.2. BY
ANY MEASURE, THESE ARE
IMPRESSIVE RESULTS. ALL OF THESE
RESULTS HAPPENED, HOWEVER,
WITHOUT SB 7 90 THREE'S ADULT
BAND BEING IN EFFECT. OF COURSE
, THE BILL WAS LARGELY A
REACTION AT THE TIME. TO THE
ALARMING INCREASE IN OTHER YOU
UNDERAGE USE OF ONE CATEGORY IN
PARTICULAR, THAT IS VAPING
PRODUCTS. SINCE FDA BEGAN
ENFORCING ITS REGULATORY
AUTHORITY OVER VAPING PRODUCTS
OVER THE PAST FEW YEARS,
UNDERAGE USES HAS DROPPED
SIGNIFICANTLY. ALL WITHOUT THE
BAN IN SB 7 93 BEING IN EFFECT.
NATIONALLY THE PAST 30 DAY VAPE
USAGE RATE AMONG HIGH SCHOOLERS.
FELL BY 60. FROM 27.5% IN 2019.
TO 11.3% IN 2021. IN CALIFORNIA
, THE PAST 30 DAY, UNDERAGE
VAPING RATE IN 2020 WAS EVEN
LOWER AT 8.2. BOTH OF THEM ARE
STILL TOO HIGH. BUT 70% LOWER
THAN THE NATIONAL AVERAGE IN
2019. STRONG UNDERAGE PREVENTION
LAWS HAVE PLAYED A HUGE PART. IN
THIS PROGRESS. AFTER CALIFORNIA
RAISED ITS MINIMUM AGE. IN 2016
CONGRESS FOLLOWED THAT ACTION IN
2019 ENACTING 21. AS THE AGE FOR
CONSUMPTION NATIONALLY. THESE
MEASURES WORK BECAUSE THEY CUT
OFF SOCIAL ACCESS IN OUR
SCHOOLS. IF NO HIGH SCHOOL
STUDENT CAN LEGALLY PURCHASED
THE PRODUCT. YOUNGER PEERS
CANNOT GET THESE PRODUCTS FROM
THEIR FRIENDS. THE DATA REFLECTS
THAT. BANNING THE SALE OF THESE
PRODUCTS TO ADULTS WON'T END
THEIR AVAILABILITY, HOWEVER, IN
CALIFORNIA IT WILL SIMPLY SHIFT
THEM. TO AN ALTERNATIVE,
UNREGULATED MARKET. THAT DATA IS
CLEAR. CALIFORNIA ALREADY HAS
THE SECOND HIGHEST SMUGGLING
RATE FOR TOBACCO PRODUCTS IN THE
COUNTRY. IN 2020. NEARLY HALF OF
THE CIGARETTES SMOKED IN THE
STATE WERE SMUGGLED IN.
PRIMARILY FROM NEIGHBORING
STATES AND MEXICO. THE ONE STATE
THAT HAS IMPLEMENTED A TOTAL BAN
LIKE THE ONE CONTAINED AND PROP
31 IS MASSACHUSETTS. AND THAT'S
SHOWN WHAT HAPPENS AFTER THE BAN
WENT INTO EFFECT IN 2020 IN
MASSACHUSETTS. LEGAL CIGARETTE
SALES IN THE STATE DROPPED 24.
BUT THESE SAILS SIMPLY MOVED TO
ILLEGAL DISTRIBUTION. WITH
CIGARETTE SALES IN NEW HAMPSHIRE
, INCREASING BY 22. AND RHODE
ISLAND BY 18. THAT MARKET SHIFT
MADE UP FOR ALMOST THE ENTIRE
DECREASE IN CIGARETTE SALES IN
MASSACHUSETTS, WHERE THE BAND
TOOK EFFECT. LET'S BE CLEAR.
ILLICIT MARKETS ARE REAL PROBLEM
FOR CALIFORNIANS. THEY'RE BAD
FOR PUBLIC HEALTH PRECISELY
BECAUSE THEY ARE MADE
DISTRIBUTED AND SOLD OUTSIDE OF
THE LAW. ILLEGAL SELLERS DON'T
CARE WHAT PRODUCTS THEY SELL,
WHERE THEY GET THEM FROM. OR WHO
THEY SELL TO, INCLUDING KIDS.
REMEMBER A HUGE REASON WE HAVE
SEEN REDUCTIONS IN INJURY AGE IN
UNDERAGE USE OF TOBACCO PRODUCTS
IS THE ROLE THAT LICENSED
RETAILERS PLAY AND FOLLOWING THE
LAW, INCLUDING CHECKING I D S
BUT THERE ARE OTHER COSTS TO THE
ILLEGAL MARKET AS WELL. ILLEGAL
SELLERS DON'T PAY TAXES. THEY
DON'T. IN FACT, I'M SORRY. UH
PROP 31 WILL REDUCE STATE
REVENUE BY ABOUT A BILLION
DOLLARS OVER THE NEXT FOUR
YEARS. CUTTING FUNDS FOR HEALTH
CARE, EDUCATION, SENIORS AND LAW
ENFORCEMENT. AND THEN THERE'S
THE IMPACT ON LAW ENFORCEMENT
AND CRIMINAL JUSTICE REFORM. THE
FACT IS DISTRIBUTING OR SELLING
TOBACCO PRODUCTS IN CALIFORNIA
OUTSIDE THE LICENSED SYSTEM IS A
SERIOUS CRIME. IT MEANS
POTENTIALLY A FELONY CONVICTION.
A MANDATORY MINIMUM PRISON
SENTENCE OF TWO YEARS AND THE
LOSS OF THE RIGHT TO VOTE. WE
THINK THAT'S A STEP BACKWARD,
NOT FORWARD. BUT THERE IS A
BETTER WAY FORWARD. PRINCIPLES
OF HARM REDUCTION. WHETHER IN
THE CONTEXT OF DRUGS OR ANY
OTHER DICTATE THAT THE BEST WAY
TO CHANGE HARMFUL ADULT BEHAVIOR
ISN'T TO CRIMINALIZE IT. BUT TO
PROVIDE SUPPORT. INFORMATION AND
CHOICE. AND IT'S IN CHOICE WHERE
SB 7 93 FAILS. SINCE 2019 FDA
HAS BEEN SCIENTIFICALLY
EVALUATING AND AUTHORIZING THE
SALE OF LESS HARMFUL
ALTERNATIVES FOR SMOKERS. AS FDA
SAID, IT'S THE SMOKE FROM THE
CONVENTIONAL CIGARETTES THAT
CAUSES THE VAST MAJORITY OF
DEATH AND DISEASE. THESE HARM
REDUCE SMOKE FREE PRODUCTS WITH
PROPER CONTROLS IN PLACE CAN
ACTUALLY HELP ACCELERATE
REDUCTIONS IN TOBACCO RELATED
HARM. DO THE SO CALLED P M T A
PATHWAY THE FDA DETERMINES IF A
PRODUCT IS SUBSTANTIALLY LESS
HARMFUL FOR INDIVIDUAL SMOKERS.
AND WHETHER MARKETING IT WILL
HAVE UNINTENDED CONSEQUENCES.
ONLY IF THE FDA FINDS THAT THE
PRODUCT IS APPROPRIATE FOR THE
PROTECTION OF PUBLIC HEALTH. CAN
FDA AUTHORIZED THAT SMOKE FREE
PRODUCT FOR SALE. FDA CAN IMPOSE
STRICT POST MARKET SURVEILLANCE
REQUIREMENTS. AND MARKETING
RESTRICTIONS TO ENSURE THAT
THESE PRODUCTS DO NOT END UP
ATTRACTING UNDERAGE USES. AND
FDA CAN REMOVE AUTHORIZED
PRODUCTS IF THE DATA SHOWS A
SIGNIFICANT SPIKE IN YOUTH USE.
TO DATE, FDA HAS REVIEWED
MILLIONS OF PRODUCTS. AND
AUTHORIZED ONLY 42. INCLUDING
HOWEVER, SOME THAT WOULD BE
SUBJECT TO THE BAN IN SB 7 93.
SB 7 93 WOULD REMOVE MANY OF
THESE HARM REDUCE PRODUCTS. AND
CHOICES FOR ADULTS IN
CALIFORNIA. WHAT THAT REALLY
MEANS IS POTENTIALLY SLOWING THE
DECLINE IN CIGARETTE USE HERE.
JUST THAT MAKES NO SENSE. SORRY
I BELIEVE, ALTHOUGH I WASN'T
HERE WITH THEIR EARTH, I
UNDERSTAND THAT THEY SAID 5 TO 7
MINUTES GAVE YOU ACTUALLY NOT
HAVE ABOUT THREE PARAGRAPHS LEFT
. BUT MAYBE IF YOU CAN, ACTUALLY
, TWO, OKAY. THANK YOU. SO
SORRY. SB 17 93 WOULD REMOVE
MANY OF THESE CHOICES FOR ADULTS
IN CALIFORNIA. AND THAT MEANS
POTENTIALLY SLOWING DECLINES IN
CIGARETTE CIGARETTE USE HERE. AS
I SAID, THAT SEEMS TO MAKE NO
SENSE. FDA IS BEST SITUATED TO
DECIDE IF THE PRESENCE OF
FLAVORS IN THAT HARM REDUCED
PRODUCT WILL HELP ADULT SMOKERS
MOVED BEYOND CIGARETTES TO LESS
HARMFUL ALTERNATIVES. IN OUR
VIEW, POP 31 WILL SEND
CALIFORNIA IN THE WRONG
DIRECTION. TOWARDS POLICIES THAT
SEEK TO FORCE RATHER THAN
SUPPORT CHANGES IN ADULT
BEHAVIOR. AS WE'VE SEEN IN SO
MANY OTHER AREAS, IT WON'T WORK.
I GUESS I WOULD LEAVE YOU WITH
THIS POLICY CONSIDERATION. THE
CHOICE HERE IS WHETHER TO. AN
PRODUCTS THAT WILL THEN RESULT
IN THEM BEING IN AN ILLEGAL,
UNREGULATED MARKET. OR WHETHER
TO CONTAIN THEM IN A WELL
REGULATED MARKET THAT HAS SHOWN
OVER THE LAST TWO YEARS, THE
ABILITY TO TRULY DO ITS JOB AND
REFLECTED IN LOWER SMOKING
RATES. ALSO MAKING SURE THAT
ADULTS WHO ARE SMOKERS HAVE THE
CHOICE TO USE THE HARM REDUCED
PRODUCT THAT THE FDA APPROVES.
TO QUIT SMOKING. THANK YOU, MR
CHAIRMAN. THANK YOU MINUTES.
THANK YOU. UM ALL RIGHT WITH
THAT. ARE THERE QUESTIONS FROM
COMMITTEE MEMBERS AGAIN? SENATOR
LABOR. THANK YOU, MR CHAIR. I AM
SORRY I'M LATE, AND I'M SORRY
THAT I DID NOT GET TO HEAR THE
TESTIMONY FROM OUR FORMER
COLLEAGUE, SENATOR JERRY HILL.
SENATOR HILL. I'M VERY HAPPY
THAT YOU'RE HERE TODAY. AND I,
UM I COULD NOT BE SORRIER THAT
THIS IS ON THE BALLOT AS A
PROPOSITION, AND YOU DID THIS
YOU YOU PROBABLY ALREADY SAID
THIS, BUT I REMEMBER TWICE. THAT
YOU TRIED THIS BILL AND I WAS A
CO AUTHOR. BOTH TIMES THE SECOND
TIME THAT YOU WERE SUCCESSFUL
WHICH YOU WORK, YOU PUT SO MUCH
HEART AND SOUL AND EFFORT INTO
IT. AND FOR THOSE WHO DIDN'T SIT
THROUGH, I THINK RICHARD SAT
THROUGH. EXCUSE ME, SENATOR
PANTS SET THROUGH A LOT OF THE
HEALTH COMMITTEE HEARINGS AND
THEY'RE JUST REALLY, REALLY
NEVER FROM THE OPPOSITION. NEVER
ANY GOOD, COGENT ARGUMENTS. ON
WHY WE SHOULD HAVE FLAVORED
TOBACCO, ESPECIALLY FLAVORED
VAPING. AND I JUST, UM I'M
WILLING TO TAKE THE RISK. THE
OPPOSITION SAYS THAT, UH, YOU
KNOW, WE WERE GOING TO HAVE MORE
ILLEGAL PRODUCTS AND WHATNOT.
I'M WILLING TO TAKE THAT RISK
BECAUSE I THINK WE CAN REGULATE
IT. I THINK THAT OUR POLICE
AGENCIES CAN MAKE SURE THAT WE
DON'T HAVE THAT. UM AND I JUST
DON'T BELIEVE, AS THE OPPOSITION
SAID, MOVING PEOPLE FROM TOBACCO
FROM SMOKING. TO A HARM REDUCED
PRODUCT IS WHAT WE SHOULD BE
TRYING TO DO. WHY WOULD WE NOT
WANT TO HELP PEOPLE GET UP
TOBACCO ALTOGETHER? WE KNOW THAT
THIS IS BIG BUSINESS. WE KNOW
THAT TOBACCO. ACTUAL CIGARETTE
CONSUMPTION HAS BEEN
CONTINUOUSLY GOING DOWN OVER THE
YEARS. SO YOU KNOW, I GUESS I
WOULD HAVE TO APPLAUD THE
INDUSTRY ON COMING UP WITH A NEW
IDEA, WHICH WAS VAPING AND IT'S
ANOTHER REASON FOR THEM ANOTHER
WAY FOR THEM TO MAKE MONEY AND I
WORRY MOSTLY ABOUT OUR YOUNG
PEOPLE AND OUR CHILDREN. AND
THEY FLAVORS OBVIOUSLY, YOU
KNOW, MAKE IT FUN. YOU HAVE ALL
KINDS OF DIFFERENT ONES. I CAN'T
THINK OF ANYTHING NOW, BUT
THEY'RE VERY CREATIVE. SO I'M
HAPPY TO BE HERE TODAY. SENATOR
UM HILL. I THANK YOU FOR ALL OF
YOUR WORK AND EFFORTS ON THIS,
AND I WILL BE WORKING TO MAKE
SURE THAT WE VOTE YES. ON SB
SEVEN AND 93 MAKE SURE THAT IT
DOES GO INTO EFFECT. AND UH, I
JUST I'M DISAPPOINTED. I'M
DISAPPOINTED, SOMETIMES BY THE
PROPOSITION, UM, PROCESS HERE IN
THE STATE OF CALIFORNIA. THIS
BILL WAS BEDDED. MANY TIMES WE
VOTED ON IT. THE GOVERNOR SIGNED
IT. IT SHOULD NOT BE GOING TO
THE BALLOT. THANK YOU VERY MUCH.
HMM. THERE ARE QUESTIONS
COMMENTS FROM MEMBERS. YES
DECEMBER AGRICULTURAL. JUST MAKE
A COMMENT, UM SEARCHING THE WEB
RIGHT NOW KIND OF LOOKING WHERE
I COULD BUY ON VARIOUS SITES.
THERE'S A PRODUCT OUT HERE
CALLED LET ME SEE WHAT'S CALLED
HERE. UM. THEY'RE MEANT FLAVOR.
CRUSH BALLS, MENTAL MINT CRUSH
BALLS THAT YOU PUT INTO A
REGULAR CIGARETTE. AND YOU PUT
IT IN THERE, AND YOU PUT A
LITTLE IT'S LIKE A PIN A SHARP
PIN IN IT. AND THEN YOU PUT A
CRUSH BALL IN IT IS THAT WHAT'S
NEXT? WE'RE GOING TO HAVE TO
DEAL WITH DIFFERENT FLAVORS.
JUST ASKING FOR A FRIEND. IS
THERE A RHETORICAL QUESTION? OR
WAS THAT QUESTION FOR ONE OF
WITNESSES? IT'S JUST RHETORICAL
. IT'S JUST FRUSTRATING. I MEAN
, YOU KNOW, THERE'S ALWAYS A WAY
AROUND THIS THESE THINGS SO
OKAY? OTHER QUESTIONS OR
COMMENTS FROM COMMITTEE MEMBERS
BEFORE WE MOVED TO PUBLIC
COMMENT. OKAY I DON'T SEE
ANYONE'S HANDS UP. THERE ARE
NONE. THEN WE'LL MOVE ON TO
PUBLIC COMMENT. I UNDERSTAND, AT
LEAST ACCORDING TO THE NOTES,
WILL TAKE UP TO 30 MINUTES OF
PUBLIC COMMENT. ONE MINUTE PER
WITNESS. UM, I BELIEVE YOU COME
UP TO THIS MICROPHONE. RIGHT SO
PLEASE SAY YOUR NAME THE
ORGANIZATION YOU'RE REPRESENTING
AND YOU CAN MAKE ONE MINUTE
REMARKS, AND CETAINLY YOU CAN
ALL CALL, OF COURSE, ALWAYS
SUBMIT REMARKS AND WRITING TO
THE COMMITTEE IF YOU ARE UNABLE
TO COVER THOSE ON THE MINUTE SO
AGAIN, ANYONE WHO WAS JUST
TESTIFY, PLEASE COME UP TO THE
MICROPHONE. WELCOME WELCOME.
THANK YOU. GOOD AFTERNOON,
LINDSEY FRIDAYS WITH THE
CAMPAIGN FOR TOBACCO FREE KIDS.
WE STRONGLY SUPPORT ENDING THE
SALE OF FLAVORED TOBACCO
PRODUCTS IS A CRITICAL STEP THAT
WILL HELP HELP PROTECT CHILDREN
LIVING IN CALIFORNIA FROM THE
UNRELENTING EFFORTS OF THE
TOBACCO INDUSTRY TO HOOK THEM TO
DEADLY NICOTINE. AND VOTE YES.
ON PROP 31. FLAVORED TOBACCO
PRODUCTS ARE DESIGNED TO ALTER
THE TASTE AND REDUCE THE
HARSHNESS OF TOBACCO PRODUCTS,
SO THEY'RE MORE APPEALING AND
EASIER FOR BEGINNERS. THESE ARE
KIDS. WE'RE TALKING ABOUT YOUTH
HERE. WE'RE NOT TALKING ABOUT
ADULTS. THESE PRODUCTS ARE
PERVASIVE AND ARE MARKETED AND
SOLD IN A VARIETY OF KID
FRIENDLY FLAVORS, WITH THEIR
COLORFUL PACKAGING AND SWEET
FLAVORS. FLAVORED TOBACCO
PRODUCTS ARE OFTEN HARD TO
DISTINGUISH FROM THE CANDY
DISPLAYS NEAR WHICH THERE
FREQUENTLY PLACED IN RETAILERS.
PAST, ECONOMIC STUDIES HAVE
SHOWN THAT REDUCING TOBACCO
SALES IN A COMMUNITY WILL
ACTUALLY CREATE NEW JOBS AND
IMPROVE THE COMMUNITY'S ECONOMY
. RESEARCHERS ESTIMATE THAT
SINCE MOST OF THE MONEY SPENT ON
TOBACCO PRODUCTS IS ACTUALLY
EXPORTED FROM CALIFORNIA TO
MANUFACTURERS AND FARMERS
OUTSIDE OF THE STATE PROHIBITING
THE SALE OF FLAVORED TOBACCO
PRODUCTS STATEWIDE WOULD RETURN
MONEY TO THE STATE THROUGH NEW
ECONOMIC ACTIVITY. THANK YOU.
YES, ON 31. THANKS. THANK YOU.
NEXT WITNESS. WELCOME. GOOD
AFTERNOON MEMBERS. JIM KNOX, THE
AMERICAN CANCER SOCIETY CANCER
ACTION NETWORK, THAT WE'RE HERE
AT ALL TODAY IS REALLY IN THE
FRONT OF THE CALIFORNIA
LEGISLATURE AND TESTIMONY TO THE
DECEIT OF THE TOBACCO INDUSTRY.
AS HAS BEEN MENTIONED, THIS
LEGISLATION WAS PASSED. TWO
YEARS AGO. WITH BIPARTISAN
SUPPORT AND A SINGLE ONE SINGLE
, NO VOTE AMONG THE 120 MEMBERS
OF THIS LEGISLATURE AT THE VERY
LEAST, HAS NOW GAINED TWO YEARS
OF ADDITIONAL PROFIT THE
INDUSTRY HAS BY SELLING THESE
PRODUCTS THAT TARGET OUR KIDS
AND OUR COMMUNITIES OF COLOR.
AND AS HAS BEEN THE TOBACCO
INDUSTRY'S PRACTICES LIKELY
THEY'RE GOING TO SPEND TENS OF
MILLIONS OF DOLLARS THIS FALL IN
THIS SUMMER TO DECEIVE AND
CONFUSE THE CALIFORNIA VOTERS.
IT'S WORTH NOTING THAT 133
CITIES AND COUNTIES IN
CALIFORNIA HAVE NOW ADOPTED THIS
OR STRONGER, POLICY FLAVORED
TOBACCO POLICY. THEY REPRESENT
100 8 18 MILLION CALIFORNIANS,
WHICH IS ACTUALLY HALF OF THE
STATE OF CALIFORNIA
CONSIDERABLY. LARGER. IT'S GROWN
SINCE THE REPORT. I DO WANT TO
MENTION WITH REGARD TO THE FDA.
THIS PM TO DESIGNATION DOESN'T
MEAN THAT THESE PRODUCTS ARE
APPROVED OR SAFE. IT ONLY MEANS
THEY'RE NOT ILLEGAL TO SELL
UNDER FEDERAL LAW AND THAT LOCAL
JURISDICTIONS CAN AND MUST DO
THIS. THANK YOU. THANKYOU.
THANK YOU OVER TIME. THANK YOU.
WELCOME. AFTERNOON CHAIRMAN AND
MEMBERS DENNIS CUEVAS ROMERO
WITH THE CALIFORNIA MEDICAL
ASSOCIATION. CMA WAS ONE OF THE
MAJOR PROPONENTS OF PROP 56. IT
HAS BEEN OUR ORGANIZATION'S
EFFORTS TO REDUCE AND STOP THE,
UM SMOKING OF TOBACCO AND OTHER
RELATED PROJECTS IN THE STATE OF
CALIFORNIA. WE URGE VOTERS TO
VOTE YES, ON PROPOSITION 31 SO
WE CAN STOP THE INDUSTRIES.
HARMFUL TARGETING OF COMMUNITIES
OF COLOR. THANK YOU. THANK YOU.
EXT. WITNESS. MR CHAIR AND
MEMBERS TERESA STARK WITH KAISER
PERMANENTE. WE WERE A PROUD
SUPPORTER OF SB 7 93 AND ARE
ALSO PLEASED TO BE IN SUPPORT OF
THE YES ON 31 CAMPAIGN. KAISER
PERMANENTE HAS LONG BEEN AN
ADVOCATE OF POLICIES TO PROTECT
YOUNG PEOPLE FROM THE HARMFUL
EFFECTS OF TOBACCO PRODUCTS ARE
PHYSICIANS AND PUBLIC HEALTH
EXPERTS ARE VERY CONCERNED ABOUT
THE HARMFUL HEALTH IMPACTS, AND
WE KNOW THAT FLAVORED TOBACCO
PRODUCTS ARE JUST A TOOL. TO GET
YOUNG PEOPLE ADDICTED EARLY, SO
WE STRONGLY SUPPORT YES, ON 31.
IT IS TIME FOR THIS TO BECOME
LAW. THANK YOU. THANK YOU.
WELCOME. MR CHAIR AND MEMBER
SYLVIA SALAS SHAH HERE ON BEHALF
OF THE AMERICAN HEART
ASSOCIATION. WE WERE PROUD TO CO
SPONSOR SENATOR HILLS
LEGISLATION, AND I JUST WANT TO
ECHO THE COMMENTS OF OUR PUBLIC
HEALTH PARTNERS IN SUPPORT OF
PROP 31. THANK YOU VERY MUCH.
THANK YOU. WELCOME. CHAIRMAN PAN
REST OF THE COMMITTEE MEMBERS.
MY NAME IS TROY BENNY. I'M A
PREMIUM CIGAR RETAILER IN
VISALIA, CALIFORNIA. PASSAGE OF
THIS BILL WOULD ROB MY STORE 20
TO 30% OF GROSS REVENUES,
DEPENDING UPON WHAT'S INCLUDED
IN THE FLAVOR BAND. I SHOULD
ALSO STATE THAT OVER 90% OF MY
CLIENTELE OR AGE 40 OR OVER.
HAVE AVERAGE DISPOSABLE INCOME
OF ABOUT $80,000. YOU MUST BE 21
OR OVER TO ENTER MY STORE. FOUR
QUESTIONS FOR THE COMMITTEE,
PLEASE. IF THEIR FLAVOR BAND IS
PASSED IN NOVEMBER, WILL THE
COMMITTEE BE ISSUING A LIST OF
FLAVORED CIGARS BANNED BY
MANUFACTURERS? IF THEY ENTER
THAT QUESTION IS YES. WILL THERE
BE A REMEDIATION PERIOD THAT THE
MEMBERS OF THE COMMITTEE THE
MANUFACTURERS CAN GET TOGETHER
WAS GOING TO AGREE UPON WHAT
WOULD BE BANNED AS WE KNOW WHAT
TO DO WITH IN THE STORE. IF THE
BILL DOES PASS. JANUARY 1ST. YOU
KNOW IT WILL GO INTO EFFECT.
WILL THERE BE A RUN OUT PERIOD
BY CANCEL MY EXISTING INVENTORY
OR WILL ALL HAVE TO BE PULLED
OFF THE SHELF AS OF 11? AND
FINALLY, THE LAST QUESTION I
HAVE IS THE $12 WHOLESALE COST
OF A PREMIER CIGAR COME FROM THE
AVERAGE HOTEL COST RIGHT NOW IS
BETWEEN THREE AND $6, INCLUDING
THE CALIFORNIA OTP TAX. THE
PREMIER PREMIUM CIGARS $12 AT
61% SALES TAX. YOU NOW HAVE A
COST OF $19.31 AVERAGE COST WILL
BE 35 TO $38. THANK YOU. THANK
YOU. THANK YOU. NEXT WITNESS
WELCOME. GOOD AFTERNOON. MY NAME
IS AN DELK OR I AM REPRESENTING
PARENTS AGAINST VAPING E
CIGARETTES, ALSO KNOWN AS PAVE.
I WORKED ON THE FRONT LINES IN
THE SCHOOLS PRIOR TO COVID,
HELPING PARENTS HELPING TEACHERS
AND ADMINISTRATORS DEAL WITH THE
VAPING EPIDEMIC. SEEN IT
FIRSTHAND, UM, SAT WITH A LOT OF
PARENTS WHO WERE IN DISTRESS,
WHO WERE HAVING TO TAKE THEIR
CHILDREN, CHILDREN, MIDDLE
SCHOOLERS AND HIGH SCHOOLERS TO
ADDICTION COUNSELING. I'M HERE
IN FULL SUPPORT OF YES, ON 31.
THANK YOU FOR YOUR EFFORTS.
THANK YOU. NEXT WITNESS WELCOME.
GOOD AFTERNOON CHAIR AND MEMBERS
JESSICA RAN WITH THE CALIFORNIA
DENTAL ASSOCIATION WOULD LIKE TO
ECHO THE COMMENTS MADE BY MY
COLLEAGUE AT THE MEDICAL
ASSOCIATION. CDA HAS BEEN A
ALONG SUPPORTER OF MEASURES TO
LIMIT THE USE OF TOBACCO
PRODUCTS IN THE STATE. AND WE
ARE IN STRONG SUPPORT OF PROP 31
AS WELL. THANK YOU. THANK YOU.
EX WITNESS WELCOME GOOD
AFTERNOON CHAIRS AND MEMBERS.
JOSE TORRES WITH HEALTH ACCESS
CALIFORNIA IN STRONG SUPPORT OF
A YES VOTE ON PROP 31, KEEPING
THE BAN ON TWO FLAVORED TOBACCO.
THANK YOU. SAYING NO ONE ELSE
APPROACHING THE MICROPHONE.
BRING IT BACK TO THE COMMITTEE.
ARE THERE ANY CLOSING COMMENTS
OR QUESTIONS FROM COMMITTEE
MEMBERS? UH, SENATOR LEYVA.
SORRY I JUST HAVE TO SAY THAT. I
THINK IT'S INTERESTING THAT NO
ONE CAME TO ADVOCATE TO VOTE NO
ON PROPOSITION 31 WE HEARD FROM
ALL THESE HEALTH ORGANIZATIONS
ABOUT HOW BAD BABYING IS AND HOW
THIS IS JUST A GATEWAY FOR OUR
YOUNG PEOPLE. SO THERE'S JUST
AND AGAIN. IT'S JUST IT'S
SADDENS ME THAT WE DID THIS HERE
IN THE LEGISLATURE, IT WAS FULLY
VETTED. AND UM, NOW THE
PROPOSITION PROCESS IS GOING TO
TRY TO ELIMINATE PROPOSITION 7
93. EXCUSE ME, SP 7 93, AND IT'S
JUST ABOUT MONEY. IT'S JUST
ABOUT CORPORATIONS MAKING MONEY
AND THERE IS NO SHAME. THERE IS
NO CARE TO OUR YOUNG PEOPLE'S
HEALTH. UM IT JUST IT. THE WHOLE
PROCESS JUST SADDENS ME. SO
LET'S ALL WORK REALLY HARD TO
PASS. SB. EXCUSE ME PROPOSITION,
31. THANK YOU. THANK YOU. ANY
OTHER CLOSING REMARKS. RIGHT
SAYING, AND I'VE JUST YES. UH,
SENATOR EDMUND. OKAY. ALRIGHT.
SORRY. OKAY, UM WELL, UH,
ALRIGHT, SO I JUST AGAIN WANT TO
THANK ALL THE WITNESSES FOR YOUR
TESTIMONY AND ALSO ALL THE
PUBLIC COMMENT. I WOULD JUST
MENTION AS A SMALL BUSINESS
OWNER. I CERTAINLY APPRECIATE
YOUR BUSINESS OWNER HAVING SOME
DIRECTION, ALTHOUGH I WOULD
POINT OUT THAT THE FACT THAT'S
ON THE REFERENDUM HAS CHANGED
THE TIMELINES SO UM, SOME OF THE
SHORTENED TIMELINES. ACTUALLY
THIS PRIME RESULT OF THE FACT
THAT A REFERENDUM AND YOU'VE HAD
AN OPPORTUNITY TO POTENTIALLY
SELL FLAVORED TOBACCO FOR A
LITTLE LONGER THAN IF THE BILL
WASN'T REFERENDA IZED, SO I
WOULD JUST MAKE MAKE NOTE OF
THAT. BUT ULTIMATELY, I DO WANT
TO, YOU KNOW, ALSO, UM, ECHO
WHAT, UM, MY COLLEAGUES HAVE
SAID, AND, UM YOU KNOW? THIS
THIS REALLY IS ABOUT, UM
PREVENTING PEOPLE. FROM STARTING
THE USE OF TOBACCO PRODUCTS,
PARTICULARLY THOSE CONTAINING
NICOTINE. SO THAT INCLUDES
VAPING PRODUCTS THAT INCLUDES
CIGARETTES, OTHER TOBACCO
PRODUCTS. WE KNOW, UM, THE
NEGATIVE EFFECTS OF, UM NICOTINE
ON THE BRAIN. UH AS WELL AS OF
COURSE FOR CIGARETTES, THE OTHER
THINGS AND CIGARETTE SMOKE. BUT
WE ALSO KNOW THAT EVEN VAPING
WHILE I GUESS YOU CAN CONSIDER
FROM A RELATIVE POINT OF VIEW
LESS RISKY THAN CIGARETTES, BUT
STILL ITSELF HAS RISKS TO. I
MEAN, IT'S NOT THE IDEAL THING
THAT YOU WANT PEOPLE TO DO IS GO
FROM CIGARETTES TO VAPING.
IDEALLY YOU WANT THEM TO CEASE
ALTOGETHER, ALTHOUGH AGAIN WITH
THE ADDICTIVE QUALITIES OF
NICOTINE AT THAT, YOU KNOW,
CERTAINLY IS A CHALLENGE. ALSO
POINT OUT, ESPECIALLY AS WE'RE
STILL STRUGGLING WITH COVID
PANDEMIC. THERE'S RESEARCH
SHOWING THAT PEOPLE WHO VAPE ARE
MORE LIKELY TO GET MUCH SICKER
WITH, UM UH, WITH WITH COVID AS
WELL. AND OF COURSE WE SEE WE
SEE THAT HAPPENING. I DO
APPRECIATE THAT, IN FACT, WITH
GREATER AWARENESS OF THE DANGERS
OF VAPING AND, UH AND I KNOW,
MANY PARENTS ARE STRUGGLING WITH
THE FACT THAT THEIR TEENS, YOU
KNOW WHETHER THEY QUIT AND I AND
I UNDERSTAND THAT, UH,
CERTAINLY, UM THEY PRODUCTS ARE
TECHNICALLY ILLEGAL FOR PEOPLE
UNDER 21 THAT WE STILL
UNFORTUNATELY YOU DO STILL HAVE
FIND ACCESS TO IT, AND, UH AND
FLAVORINGS MAKE IT EASIER FOR
THEM TO INITIATE AND THEIR
PARENTS WHO ARE STRUGGLING WITH
THEIR TEENS WHO HAVE BEEN
ADDICTED TO THE NICOTINE AND
THEREFORE ARE SEEKING OUT VAPING
PRODUCTS AND SO FORTH, DESPITE
THEIR BEST EFFORTS NOT TO AND
THEIR FAMILIES BEST EFFORTS NOT
TO AS WELL SO I THINK THIS IS
VERY IMPORTANT STEP. I KNOW IT
WASN'T HERE WHEN THE L A O
PRESENTED AND YOU KNOW IT WAS
REFERENCED THAT AND I SAW IN THE
L. A REPORT. OF COURSE, THERE'S
GOING TO BE LESS REVENUE TO THE
STATE FROM TOBACCO PRODUCTS IF
THIS REFERENDUM, UM HER IF PROPS
IT 31 PASSES AND ORIGINAL SB 7
93. BUT THE PURPOSE OF TOBACCO
TAX IS NOT JUST TO MAKE REVENUE
TO THE STATE, AND IN FACT, I
REMEMBER BACK FOR ANOTHER
PROPOSITION. PROPOSITION 56.
DON'T ASK ME. SO WHAT HAPPENS IF
EVERYONE STOPPED SMOKING? YOU
DON'T HAVE ANY REVENUE FROM
THAT. AND I SAID HALLELUJAH!
BECAUSE ACTUALLY, THE STATE
WOULD SAVE MORE MONEY ON HEALTH
CARE COSTS, AND WE WOULD FROM
THE LAST OF THAT TOBACCO
REVENUE. AND I THINK, SAME HERE
. SO YES, WE'RE GONNA AND I
APPRECIATE THE ECONOMIC
ANALYSIS. YES WE'LL LOSE SOME
STATE REVENUE FROM OUR TOBACCO
TAX. BUT FRANKLY, HAVING THOSE
PEOPLE NOT START TOBACCO NOT
SUFFER THE CONSEQUENCES OF
TOBACCO, MANY OF WHOM ACTUALLY
WILL EVENTUALLY MAY DEPEND ON
STATE PROGRAMS TO PAY FOR THE
HEALTH PRODUCTS. AND WE WILL YOU
KNOW, WE WANT TO TAKE CARE OF
PEOPLE WHO HAVE HEALTH ISSUES.
THAT WILL SAVE THE STATE. MORE
MONEY. SO UM, SO THAT'S
CERTAINLY NOT TO ME AN ARGUMENT
TO SAY OH, WELL, WE WANT TO NOT
HAVE A TOBACCO FLAVOR TOBACCO
BAN BECAUSE WE'RE GOING TO HAVE
LESS STATE REVENUE. OUR FIRST
PRIORITY SHOULD ACTUALLY FIRST
OF ALL BE, OF COURSE, THE HEALTH
OF OUR CITIZENS, HEALTH AND
SAFETY OF OUR CITIZENS. SECOND
OF ALL, OF COURSE, FROM A NET
COST POINT OF VIEW. ACTUALLY WE
REALLY LOOK AT IT. WE STILL COME
OUT AHEAD EVEN FINANCIALLY. SO
WITH THAT AGAIN APPRECIATE
VERYONE WHO TESTIFIED AGAIN.
APPRECIATE HAVING THIS HEARING.
UM YOU KNOW IT. IT IS, UM YOU
KNOW, THE LEGISLATURE PASSED
ESPIONAGE. 7 93 IS CERTAINLY THE
RIGHT OF THE OPPONENTS TO PUT A
REFERENDUM ON IT. OKAY, THAT'S
THAT'S THAT'S THAT'S THAT'S THE
PROCESS. I CERTAINLY HOPE THAT
AND EXPECT THAT DESPITE THE
MONEY THAT WILL BE, UH, YOU
KNOW, SUPPORTING THE REFERENDUM
TO ASK PEOPLE TO VOTE NO, THAT
PEOPLE WILL SEE THROUGH JUST
LIKE THE LEGISLATURE SAW THROUGH
WHEN IT CAME THROUGH THE
LEGISLATURE. UM HOW IMPORTANT IT
IS THAT WE, UH, SURE, THE SB 7
93 ACTUALLY COMES INTO EFFECT.
AND SO, UM, WITH THAT, UM, YOU
KNOW, PART OF THIS HEARING IS TO
LET BOTH SIDES PRESENT THEIR
ARGUMENTS AS WELL. UH AND I
THINK CELL, UM, LEAVE A POINTED
OUT. YOU CAN SEE ALL THE HEALTH
GROUPS. THERE'S A REASON THEY'RE
ALL IN SUPPORT OF SAYING YES ON
PROPOSITION 31. AND SO WITH THAT
, IF THERE'S NO OTHER COMMENTS
OR QUESTIONS UM THEN I THINK
THIS HEARING OF THE JOINT
COMMITTEE HEALTH COMMITTEES OF
THE ASSEMBLY AND SENATE HEALTH
COMMITTEES IS, UH NOW ADJOURNED.
THANK YOU. THANK YOU.