Another part of the bill that should alarm manufacturers is that the bill also takes aim at how manufacturers market their products to consumers. Here is part of the bill that addresses the marketing and branding of a tobacco product, providing a broad scope that would potentially impact a variety of covered tobacco products including vapor, cigars and pipe tobacco:
“There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to the consumers or to the public that the tobacco product has or produces characterizing flavor, including, but not limited to, test, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.”
The original bill was amended to exempt shisha sales in hookah tobacco retailers and passed California’s Senate Appropriations Committee on June 18, 2020. You can review Senate Bill 793 in its current form by clicking here.
For all the latest legislation and FDA news impacting the tobacco industry, click here.
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