Development and Passage of the County of Los Angeles Ordinance on Tobacco Retailer and Business Licenses to Ban Flavored Tobacco Products in Part As a Response to the Vaping Epidemic
Authors: Kuo T. , Gallow T. 
Published: August 2020

In light of the recent vaping epidemic that has resulted in >2,500 hospitalized cases of e‐cigarette, or vaping, product use‐associated lung injury and 55 deaths nationally, a number of local jurisdictions have sought to enact legal remedies or policies to further regulate the sales of tobacco products, especially those that are flavored (appealing to youth). The present project describes Los Angeles’ experience with developing and passing a flavor ban for unincorporated Los Angeles County (LAC).

On October 1, 2019, the County of Los Angeles Board of Supervisors approved an ordinance that: (1) created restrictions on retail sales of all tobacco products, including e‐cigarettes and other vape devices, and (2) a new business license requirement for tobacco and vape only stores. These new requirements apply to over 700 tobacco retailers locally in unincorporated LAC. The ordinance strengthens the County’s existing Tobacco Retail License (TRL) program to include new or updated provisions: prohibiting the sale of all tobacco products in pharmacies; requiring a tobacco retail license to sale electronic smoking/vaping devices and accessories; and prohibiting the sale of all flavored tobacco products including menthol cigarettes, flavored vaping liquids, and flavored hookah. The ordinance also updated the definition of tobacco products to include e‐cigarettes/vaping devices. Although the policy (law) became effective on November 1, 2019, retailers have until May 1, 2020, to come into compliance.

Youth and young adults (<25 years of age) in LAC. The unincorporated area of the county is home to ~1 million people.

The County ordinance was a result of yearlong effort that started with a motion by the second Supervisorial District for the Department of Public Health to work with County Counsel, Treasurer and Tax Collector, and Regional Planning to develop a policy for addressing “nuisance” tobacco shops. The nuisance problem was brought to the attention of the Supervisor’s office by a community‐based organization in South LA. The intradepartmental workgroup developed recommendations to bring the County’s TRL up to best public health practice standards. As part of this effort, Public Health and other departments were asked to conduct community and stakeholder outreach and education and to help draft up the proposed regulations. The engagement process included 6 informational sessions, a webinar, and a retailer survey. When the ordinance was heard the Board of Supervisors meeting in September 2019, there were nearly 400 people signed up for public comment.

The vaping epidemic helped rally County authorities to develop and pass a tobacco ordinance that addressed one of the key factors that promote e‐cigarette use—flavored products. The policy process, while somewhat lengthy, was highly meaningful, leveraging political will, community support, and data to achieve its passage.

Policies can have enormous impact on health behavior change, especially those associated with tobacco use. It is a critical strategy that complements traditional health education and clinical care. The Los Angeles experience showed its utility as part of a response to the current vaping epidemic.

State Funding.