Attorney General Bonta and Assemblymember Robert Rivas Announce Legislation to Strengthen State Tobacco Enforcement Laws

Monday, January 31, 2022
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Rob Bonta and Assemblymember Robert Rivas today announced Assembly Bill 1742, legislation that will strengthen the Attorney General’s ability to enforce state tobacco laws. Authored by Assemblymember Rivas and sponsored by Attorney General Bonta, the bill will protect Californians from cigarettes that fail to meet public safety standards and preserve California’s ability to receive substantial annual payments under the Tobacco Master Settlement Agreement (MSA).

“My office plays a critical role in ensuring that tobacco manufacturers are following the law and producing products that adhere to requirements put in place by our state’s fire-safe-cigarette laws. AB 1742 will aid this effort by providing my office with additional tools to help preserve California’s ability to receive substantial annual payments under the Tobacco Master Settlement Agreement and protect Californians from cigarettes that fail to meet public safety standards,” said Attorney General Bonta. “I am proud to sponsor this bill, and want to thank Assemblymember Rivas for his leadership on this important legislation.”

“AB 1742 is an exciting opportunity to further strengthen our state’s already nation-leading tobacco safety and enforcement laws,” said Assemblymember Robert Rivas. “AB 1742 will provide the Attorney General with the necessary tools to ensure that local governments receive the substantial annual payments that tobacco companies owe them. In addition, this legislation will prevent the sale of non-fire-safe cigarettes in California, which will help prevent catastrophic mega-fires from igniting. I am grateful for Attorney General Bonta’s partnership on this critical legislation.” 

The California Attorney General’s Office is responsible for administering and enforcing state laws that relate to California’s obligations under the MSA. The MSA is a landmark settlement with participating tobacco manufacturers that establishes important restrictions on the advertising, marketing, and promotion of cigarettes. It also guarantees billions in perpetual annual payments to 46 states in recognition of the significant healthcare costs incurred from tobacco usage. In recent years, MSA payments to California have exceeded $800 million, providing counties and cities with a significant source of revenue.

Additionally, the California Attorney General’s Office enforces the state’s fire-safe-cigarette laws. Under these laws, a cigarette cannot be sold in the state unless its manufacturer receives approval from the State Fire Marshal that the product is fire-safe. To receive approval, cigarette manufacturers are required to provide the State Fire Marshal with a certification establishing that its product meets nationwide fire-safe standards. Currently law requires that the State Fire Marshal must review certification information and approve the cigarette product within a 10-day review period – however, if the State Fire Marshal does not act within the 10-day review period, the cigarette product receives default approval and can be sold in the state regardless of whether or not it is fire-safe.

If signed into law, AB 1742 would help strengthen California’s tobacco enforcement efforts by:

  • Providing the Attorney General with additional tools to deter non-participating tobacco manufacturers (NPMs) who are not parties to the MSA from non-compliance with state regulations, expanding the circumstances in which NPMs may be required to post a surety bond for compliance failure, and increasing coordination between state agencies in enforcement related proceedings as part of the MSA payment dispute process, among other changes; and 
  • Shifting the responsibility to review fire-safe-cigarette certification from the State Fire Marshal to the Attorney General and increasing the review period from 10 days to 30 days. This would promote government efficiency and protect consumers by ensuring that cigarettes receive necessary review and approval by the state before they are sold in California.
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