On Tuesday, San Diego City Attorney Mara Elliott took on a battle for our children's health, filing a lawsuit against two local retail chains accused of violating new laws against selling flavored tobacco products. The defendants, Payless Smoke Shop and Keg 'N Bottle, allegedly sold these outlawed items to undercover investigators. The lawsuit seeks heavy fines and demands the retailers' compliance with the law, according to a press release from Elliott's office.
These charges come after mounting evidence of the detrimental effects of electronic cigarettes on young people. Both the State of California and the City of San Diego have implemented bans on the sale of tobacco with enticing flavors like chocolate and bubblegum to curb the alarming rise in youth e-cigarette use. Recent data revealed that 14 percent of high school students have reported e-cigarette usage.
Elliott, who is both -a mother and a prosecutor, expressed appalled at the tactics of the tobacco industry, which manufactures "kid-friendly" flavors like cotton candy and fruits. The lawsuit is a response to what she sees as blatant disregard for young lives by the defendants.
It is not just the City Attorney's Office that is concerned about the health and safety of young people in the community. San Diego City Council member Marni von Wilpert has championed legislation to combat the harmful effects of flavored tobacco on our youth. Last year, she authored and advocated for the passage of the Stop Adolescent Addiction to Flavored E-Cigarettes (SAAFE) Act, which made the sale and distribution of flavored tobacco illegal in San Diego, since January 2021. Later, a similar state measure took effect.
Following the enactment of these bans, City Attorney Elliott's office conducted investigations that found Payless Smoke Shop and Keg 'N Bottle in-violation of the California Health and Safety Code and San Diego Municipal Code by selling flavored tobacco products on multiple occasions. One Keg 'N Bottle store clerk even asked an investigator to conceal flavored tobacco products when leaving the store as they were “illegal” to sell, as per the Chula Vista Today report.
Beyond the devastating reports of e-cigarette usage among young people, national surveys have shown a 46 percent spike in e-cigarette sales from 2020 to 2022. The appeal of flavored tobacco products for youth lies in their accessibility and the flavors, serving as a gateway to a lifetime of nicotine addiction. This addiction can lead to the use of other harmful substances, decreased impulse control, attention and cognition deficits, and mood disorders.
The lawsuit filed by the City Attorney charges Payless Smoke Shop and Keg 'N Bottle of violating the State's Unfair Competition Law. Elliott seeks up to $2,500 in fines per sale of flavored tobacco, and demands that the retailers comply with the law and reimburse the City's legal fees for enforcement action against them, as noted in the press release.
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