Flavored tobacco not so sweet

The recent lawsuit filed by the San Diego City Attorney against two tobacco retail chains shines a light on the need for Chula Vista to strengthen the city’s tobacco sales laws.

Tobacco-related disease is the number one cause of preventable death in the US. In San Diego County’s South Region, tobacco use is responsible for 18% of all deaths. Tobacco products were responsible for the death of more than 3,300 South Region residents between 2017-2021.

Tobacco is the only legal product that, when used as directed, kills the consumer.
This is particularly alarming as teen tobacco use has surged with the vaping epidemic. A study completed in 2021 surveying 2,404 Sweetwater Union High School District (SUHSD) students found that of those who use tobacco, 42% purchased it at local stores (Slater, B. 2021. Tobacco & E-Cigarettes. Chula Vista Planning Dept and Health Wellness, and Aging Commission).

The need for strong regulations is clear.

Chula Vista monitors tobacco retailers through the Tobacco Retail License (TRL) program. This program requires a license to sell tobacco in Chula Vista and includes compliance checks by Chula Vista Police every two years, applies fines to those who violate tobacco sales laws, and prohibits the sale of most flavored tobacco products. This is a good start, but Chula Vista deserves a stronger program.

Chula Vista’s tobacco retailers are heavily concentrated along the west side of the city. The strategy of inundating tobacco retailers these neighborhoods is very typical of the tobacco industry, which has preyed upon lower-income communities, communities of color, and youth for decades.

Leo Hsu, with SUHSD, notes the schools where more students are using tobacco are in the same areas of Chula Vista as these clusters of tobacco retailers. Considering the 2021 study findings that students purchase tobacco at stores, it is easy to see the connection between illegal tobacco sales to minors and SUHSD students found using tobacco on campus.

SAY San Diego, the American Heart Association, and Sweetwater Union High School District strongly advocate for a comprehensive TRL program in Chula Vista.
Omar Baza shares, “As a Chula Vista resident and a parent, I believe a comprehensive TRL will effectively mitigate the prevalence of tobacco product consumption and minimize public exposure to such products. I believe it will contribute to the promotion of the health and well-being of our community, especially our children.”

A comprehensive TRL program would include capping the number of licenses issued each year, establishing a minimum distance between tobacco retailers and youth sensitive spaces like schools, and putting a minimum distance between retailers so the “Tobacco Swamp” on the west side of the city would dissipate through attrition.
With a comprehensive TRL program, retailers would be assessed every year to ensure they are following the tobacco sales laws and not selling to youth, and the license fee would cover 100% of the cost associated with these compliance checks.
The lawsuit filed by the San Diego City Attorney’s Office over illegal tobacco sales demonstrates how brazenly these retailers break the law, put profits over the health of their community, and violate public trust.

Jessica Newmyer says, “As a Chula Vista resident and as a mom raising children in this great city, I believe that all tobacco products are a public health threat to our community. Big Tobacco has long targeted youth, communities of color, and the LGBTQ+ community with products that make it easy to start and very difficult to stop. We need the Chula Vista City Council to pass a comprehensive TRL program that will protect all residents from the tobacco industry’s predatory tactics.”
A comprehensive TRL would properly regulate dangerous tobacco products, which are singularly responsible for the death of hundreds of South Region residents every year. Protect our youth, protect our communities, regulate tobacco.

Omar Baza is a Chula Vista resident and dad. He serves on the Board of Directors for SAY San Diego. Jessica Newmyer is a Chula Vista resident and mom. She is the Executive Director of American Heart Association San Diego Division. Leo Hsu is the Physical Education and Health Teacher on Special Assignment with SUHSD.