Vape Sales Banned, Cigarettes $10 In Sonoma County Under New Ordinance

SONOMA COUNTY, CA — In response to public health data showing the use of e-cigarettes and flavored tobacco products — also known as vapes — is increasing among high school-aged youth, the Sonoma County Board of Supervisors voted 4-1 Tuesday to ban the sale of such products.

In Sonoma County, 46 percent of 11th-graders said they have used an e-cigarette, and 76 percent report that it is “fairly” or “very” easy to obtain e-cigarettes, according to the California Healthy Kids Survey.

County officials cited a 2022 scientific statement from the American Heart Association that outlined the negative effects vaping has on the body and mind, including pulmonary and cardiovascular function, brain health and addiction, mental health and sleep health.

"Today’s action signals the Board’s ongoing commitment to the health and safety of local youth," said Supervisor Chris Coursey, chair of the Sonoma County Board of Supervisors. "By banning the sale of certain tobacco products that have pervaded youth culture, we can make it harder for children to access these dangerous products."

While the county ban applies solely to unincorporated areas and not to incorporated cities, county staff said it aligns with similar laws already in place in Petaluma, Sebastopol and Windsor.

Since 2022, California law has prohibited the sale of most flavored tobacco products, with some exemptions. The law, however, allows local jurisdictions such as Sonoma County to adopt more restrictive flavor policies. For example, the state does not address online sales of flavored tobacco products while the county ordinance sets limits for local online sales through app-based deliveries and "brick-and-click" storefronts, which are local merchants who are running both an online store and a physical retail outlet.

The changes will impact 79 licensed tobacco retailers in unincorporated Sonoma County —about 23 percent of the total number of tobacco retailers in the county and cities combined.

Changes to the county's Tobacco Retail License ordinance because of the rising use of vapes among Sonoma County teens have been under discussion since October 2019, just prior to the pandemic. The Department of Health Services drafted an amendment that not only eliminates the sale of vapes but also includes several major updates:

• No sale of flavored tobacco products
• No sale of e-cigarettes
• Increase the minimum price from $7 to $10 for a pack of cigarettes, cigars, little cigars and smokeless tobacco
• Minimum pack size of five for little cigars
• No discounts or coupons on tobacco products
• Onsite sales only, no online sales or deliveries
• Restrict the licensing of new retailers within 1,000 feet of youth-oriented areas to include libraries, parks, playgrounds and preschools; and limit the proximity of retailers to one another (minimum 500 feet between tobacco retailers)

According to county officials, the ordinances adopted by 63 jurisdictions in California and one in Sonoma County —Petaluma — most closely match the county's newest changes.

County Health Services personnel told supervisors they informed retailers and the community of the above-proposed changes through letters, community meetings, social media posts, and information about how to listen to meeting recordings on the county’s website.

District 4 Supervisor James Gore, who represents Cloverdale, Geyserville, Healdsburg, Windsor, Airport and Larkfield, cast the only "no" vote.

"I have not lobbied by anyone with the tobacco industry but I don't think this is the way we see change," Gore said. "We haven't seen enough data to know if things have changed since December when the state law took effect."

Gore said he would rather support something with more enforcement. He also said having so many variances of the ordinance at the city, county, state and tribal levels is counterproductive and not an effective way to see change.

Although District 5 Supervisor Lynda Hopkins voted yes, she agreed the enforcement needs to be more than a slap on the wrist to effect any real change. Hopkins said the outreach was hasty and said she would have loved to take the issue to her advisory councils in the unincorporated areas because they are the ones who are going to have to enforce it.

"I think we are doing something to do something but are not doing something," said Hopkins, whose district encompasses Bodega Bay, Sea Ranch, Sebastopol, Guerneville, Monte Rio, Forestville, Graton and Occidental.

District 1 Supervisor Susan Gorin, whose district encompasses Sonoma, Kenwood and Glen Ellen, voted in favor of the changes.

"It sends an important message to our community that we value the health of our kids as well as the health of our adults," Gorin said. "Stop enticing our youth with these gateway drugs."