Play Live Radio
Next Up:
0:00
0:00
Available On Air Stations
Watch Live

Public Safety

Flavored tobacco products still being sold in San Diego, 10 months after it became illegal

Buying flavored tobacco products has been illegal in California since the beginning of the year. But, more than 10 months later, San Diego’s city attorney says they’re still being sold. KPBS reporter John Carroll tells us that it has led to renewed calls for a crack down.

At a Tuesday afternoon news conference outside San Diego City Hall, City Attorney Mara Elliott did not mince words.

“As a mother and a prosecutor, I am appalled by the tactics of the tobacco industry, which continues to manufacture and advertise deadly products with kid-friendly flavors," Elliott said.

It’s against the law to sell flavored tobacco products to anyone, but the chief concern among city leaders is the peddling them to children, with flavors like bubble gum and cotton candy.

Advertisement

To drive home the point, flavored tobacco products were bought in by underage volunteers and displayed on a table.

"As a council member and the chair of our public safety committee, it is my duty to implement the will of the voters, and to ensure we have the budget tools and the enforcement tools needed to crack down on retailers who break the law," Von Wilpert said.

Elliott filed suit in August against scores of retailers.

But the head of a group representing local markets said his 200-plus members follow the law. Ron Lacey said it’s as much about morality than simply complying with a law.

“We’d much rather not make money when it comes to harming our kids than look at our bottom line or our profit," Lacey said.

Advertisement
City leaders and people involved in the fight to stop flavored tobacco products from being sold are shown outside San Diego City Hall on October 17, 2023.
Jacob Aere
City leaders and people involved in the fight to stop flavored tobacco products from being sold are shown outside San Diego City Hall on October 17, 2023.

The problem is severe and widespread. Figures from the 2022 National Youth Tobacco Survey showed that 2.5 million middle and high school students currently use flavored tobacco products. One in four San Diego high schoolers have used them.

The City Attorney said the public can help bring violators into compliance.

“If you see a store selling flavored tobacco, take a photo of the display and note the name of the clerk who sold you the product and the store where you were shopping," Elliott said.

Elliott said to email that information to her office — cityattorney@sandiego.gov.

The news conference came on the same day California Attorney General Rob Bonta announced $21 million to help in the effort. Chula Vista’s getting about $115,000, the county will receive nearly $1.3 million to help enforce the law. 

KPBS has created a public safety coverage policy to guide decisions on what stories we prioritize, as well as whose narratives we need to include to tell complete stories that best serve our audiences. This policy was shaped through months of training with the Poynter Institute and feedback from the community. You can read the full policy here.