San Diego elected officials and community members say retailers continue to flout state and local bans on the sale of flavored tobacco products, and they argue that stronger enforcement of the laws is necessary.
“We need to take these products off the street,” Adrian Kwiatkowski, manager of San Diegans vs. Big Tobacco, a coalition of groups that pushed for the local ban, said last week during a news conference at Civic Center Plaza.
Speakers including City attorney Mara Elliott lambasted the tobacco industry, which she said targets children with flavors such as cotton candy and bubble gum.
“They will try anything to hook our children on tobacco,” Elliott said.
City Councilwoman Jennifer Campbell, a retired physician, said, “This has got to stop.”
In late August, the city attorney’s office sued two retail chains, Payless Smoke Shop and Keg ‘N Bottle, that she claims sold flavored electronic cigarettes to undercover investigators, violating state and local bans. One of Keg ‘N Bottle’s six stores in San Diego is on Torrey Pines Road in La Jolla. The city attorney’s office didn’t specify where the alleged illegal sales occurred.
The City Council approved a ban on the sale of flavored tobacco in April last year, with enforcement delayed until January. In November, voters across the state passed Proposition 31, which upheld a 2020 California ban. That ban took effect in December.
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The city attorney’s lawsuit seeks compliance with the bans, along with penalties against the two retail chains.
The suit contends the sale of flavored tobacco amounts to unlawful and unfair business practices under state law, giving the businesses an advantage over law-abiding competitors.
Kwiatkowski and other speakers applauded Elliott for the legal action but also called for more enforcement of the regulations. Kwiatkowski added that the city needs “more tools and financial resources” to beef up enforcement.
Elliott said after the Oct. 17 news conference said that perhaps the city should take an administrative approach to enforcement. One option, she said, is to revoke the licenses of retailers that violate the bans.
“I can’t sue every bad actor in town,” Elliott said.
The city’s fee for a tobacco retail license is $182, according to its website. The county’s website says its fee is $730. If the city were to raise its fee, the additional funds could pay for a robust enforcement program, Kwiatkowski said.
“We’re going to be talking about what’s the best model going forward to make sure we have a robust enforcement program that doesn’t overwhelm the resources of the Police Department,” Kwiatkowski said.
Councilwoman Marni von Wilpert said she plans to push the city to earmark more funds during the next budget planning cycle — she said it’s too early to say how much — for police-led enforcement actions such as decoy operations.
The news conference came hours after state attorney General Rob Bonta announced that 37 government agencies across the state will receive $21 million combined to support efforts to curb illegal tobacco sales, with education and enforcement as top priorities. The grant recipients include San Diego County’s Public Health Services and the Chula Vista Police Department.
The city of San Diego did not apply for funds, Bonta’s office said.
The office noted that the San Diego Police Department was awarded $443,400 for the 2020-21 grant cycle.
— La Jolla Light staff contributed to this report. ◆
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