AB 1639 Summary

• Requires age verification software or devices for retail tobacco sales and mandates State Department of Public Health conduct sting inspections at minimum 20% of licensed tobacco retailers, with follow-up inspections required within 6 and 12 months of violations.

• Increases civil penalties for furnishing tobacco to minors under 21: $1,200-$1,800 for first violation, $3,000-$4,000 for second, and $5,000-$6,000 for third or subsequent violation (within 36-month period), with license suspensions and revocation for repeat violations at same location.

• Prohibits persons under 21 from entering tobacco stores (except active duty military 18+) and bans sale of non-tobacco-flavored vapor products and single-use electronic cigarettes by retailers, effective 90 days after enactment.

• Establishes restrictions on electronic cigarette advertising and packaging to prevent appeal to minors, including prohibitions on cartoons, candy-like packaging, lifestyle advertising, and health claims without FDA approval; authorizes civil penalties of $1,000-$10,000 per violation.

• Imposes new excise tax on electronic cigarettes at $2.40 per 40 milligrams of base product nicotine (effective January 1, 2021) and creates California Healthy Families Health Care Access Fund for revenue allocation to physician training, pediatric hospitals, and loan repayment programs.