Amend senate bill 38 and assembly bill 739 to prevent forced closure of small businesses.

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  • Huge loss of state tobacco tax revenue
  • Considerable amount of jobs would be lost
  • Small businesses will suffer disproportionately


Senate bill 38 and assembly bill 739 will prohibit the sale of flavored tobacco products.  While this appears to be beneficial for public health, its broad generalization across the entire tobacco industry has damaging effects.  It will not only restrict cultural traditions and expression, but also devastate many small businesses.  Law makers need to be held accountable to find a more effective way to stop youth smoking without oversimplifying this complex problem.  Proposed amendments are as follows:

  • Ban packaging, flavor names, and images that market to minors
  • Initiate state approved point of sale ID check system with biometric identification
  • Create state controlled tobacco retail stores, removing sales from liquor stores and gas stations
  • Increase penal punishments for legal age adults to furnish any tobacco product to minors

The many small businesses that legally serve or sell flavored tobacco to people of legal age are being punished; entire businesses and livelihoods will be completely undermined.  This affects normal people with families, children, and life aspirations.  These citizens achieved success from their hard work and the American dream.  The proposed bills will destroy the life accomplishments of hardworking middle-class people and threaten the wellbeing of the people that rely on them.

Unfortunately, health damaging types of smoking tobacco will still be available.  This law will not keep smokers from continuing their habits; health damaging options, cigarettes and cigars, will still be available.  Also, this bill hearkens to the age of prohibition of alcohol.  Prohibiting a product not only adds new appeal and mystique to its image, but makes a void for an unregulated black market of trade.  The proposed legislation as written will not achieve its intended purpose and will lose tax revenue for the state.