The proposal is likely to face strong opposition from the tobacco industry. The California Association of Retail Tobacconists said it would affect the state's economy. The bill is modeled after a similar law passed in New Zealand last year.
Some California lawmakers want to eventually ban all tobacco sales in the nation's most populous state, filing legislation to make it illegal to sell cigarettes and other products to anyone born after Jan. 1, 2007.
“We can ensure that the next generation of children in California do not become addicted to smoking,” said Assemblymember Damon Connolly, a Democrat from San Rafael and the author of the bill.The proposal is likely to face strong opposition from the tobacco industry, which would fight to maintain access to its largest U.S. market. If the ban were to become law, the industry could sue to block it. It could also challenge the ban at the ballot box, asking voters to stop it from taking effect.
Connolly and others are confident the ban would survive if they can get it passed the Legislature. It's modeled after aenacted last year that bans the sale of tobacco products to anyone born after Jan. 1, 2009. In the U.S., the city of Brookline, Massachusetts, passed a local law banning the sale of tobacco products within its borders to anyone born after Jan. 1, 2000 — a law that so far the courts have allowed to remain in effect.
“This is a logical next step of that,” Connolly said. “The goal here is to lead, to actually change the conversation beyond our state's borders and really try to move the needle forward in the direction that favors public health.”The bill would not penalize people for using or possessing tobacco products. Instead, it would fine retailers for selling to them. Connolly said he's open to amendments that might create an exemption for religious and cultural uses.
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