Immediate Call To Action : SB140 and SB24, April 8th in the Senate Health Committee


The Northern California (NorCal) Chapter of the Smoke Free Alternatives Trade Association (SFATA) in collaboration with the Southern California Chapter of SFATA, currently operating under our joint California Action Plan would like to bring to your attention one of the many legislative threats our industry is imminently facing this year; Senator Mark Leno’s SB140. Note that we will also be facing SB24 on the same day in the same committee!

Senate Bill 140 (SB140) would make California the fourth state to pass regulation that treats vaping the same way as smoking. This will severely hinder current smokers from having easy accessibility to a vapor based alternative and likely putting most industry stakeholders out of business.

The bill IS scheduled for its first hearing in the Senate Health Committee on Wednesday April 8th at the State Capitol in Sacramento (John L. Burton Hearing Room 4203) at 1:30pm. We strongly encourage our members and industry stakeholders (including non-SFATA members) to attend this hearing and oppose this bill.

For more information and coordination please contact Stefan Didak, co-president of the NorCal SFATA Chapter at

Traditionally we meet at the front steps of the Capitol Building 45 minutes to an hour before the actual meeting, around 12:30pm-12:45pm, to discuss last minute changes and finalize strategy and provide any recent information. If you are planning on attending the April 8th hearing, please send a quick e-mail with your contact details, including a phone number. Legislative hearings can change very quickly and those changes may need to be communicated quickly.

SB140 Points of opposition (limited subset):

  • Defines vapor products as tobacco products (i.e. equate cigarettes with e-cigarettes).
  • Attempts to include products defined as “nicotine” regardless of source.
  • Public use prohibition (no vaping where smoking is prohibited, public parks, etc.)
  • Change in how vaping can be prohibited in rental, lease, multi-unit apt. dwellings, etc.
  • No vaping in workplaces (including vape shops)
  • No more “self service” (unassisted) handling products or sampling liquids/flavors.
  • No exemptions for vapor retailers to allow vaping in their stores.
  • No vaping in group homes, small family homes, transitional housing, or by foster families.
  • No vaping in a motor vehicle with a minor present, whether in motion or at rest.

About Mark Leno, SB140, and its sponsors:

Mark Leno’s financial contributors are who’s who of Big Pharma, including Genentech, GlaxoSmithKline, Johnson & Johnson, Gilead, Astrazeneca, Baxter Healthcare, Aventis Pharmaceuticals, Hoffman-Laroche, PHRMA, EMD Serono, and California Biotechnology.

The bill is being sponsored by the American Cancer Society, American Heart Association, and American Lung Association.

The full SB140 current bill text and language: (alternative mirror download)

The current SB140 Call To Action Flyer: (alternative mirror download)

The SB140 Tobacco Product Definition:

A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

An electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

Any component, part, or accessory of a tobacco product, whether or not sold separately.

“Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

Your elected officials to contact to express your concerns and opposition to SB140:

We encourage industry stakeholders to contact your elected officials on the Senate Health Committee immediately. Please refrain from making any direct medical, health or cessation claims.

Senator Ed Hernandez (
State Capitol, Room 2080, Sacramento, CA 95814-4900
(916) 651-4022

Senator Janet Nguyen (
State Capitol, Room 3048, Sacramento, CA 95814-4900
(916) 651-4034

Senator Isadore Hall (
State Capitol, Room 4085, Sacramento, CA 95814-4900
(916) 651-4035

Senator Holly Mitchell (
State Capitol, Room 5080, Sacramento, CA 95814-4900
(916) 651-4030

Senator Bill Monning (
State Capitol, Room 313, Sacramento, CA 95814-4900
(916) 651-4017

Senator Jim Nielsen (
State Capitol, Room 2068, Sacramento, CA 95814-4900
(916) 651-4004

Senator Richard Pan (
State Capitol, Room 4070, Sacramento, CA 95814-4900
(916) 651-4006

Senator Richard Roth (
State Capitol, Room 4034, Sacramento, CA 95814-4900
(916) 651-4031

Senator Lois Wolk (
State Capitol, Room 5114, Sacramento, CA 95814-4900
(916) 651-4003

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