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City attorney and Supervisor Walton demand FDA action on e‑cigarettes; propose local restrictions and port ban
Summary
San Francisco on March 19 announced legal and legislative actions aimed at e‑cigarette products, including a joint letter with New York and Chicago demanding FDA premarket review, local ordinances to block sale of unreviewed e‑cigarettes and to ban tobacco sales on city property, and a city inquiry into a Pier 70 distributor license.
San Francisco city officials on March 19 announced coordinated legal and legislative steps aimed at stemming a rise in youth e‑cigarette use while demanding federal action.
City Attorney Dennis Herrera and Supervisor Shamann Walton said the city will send a joint letter with New York and Chicago asking the U.S. Food and Drug Administration to conduct the premarket public-health reviews that, by law, were supposed to occur before e‑cigarette products came to market. The city also requested records from the FDA so the city can determine whether further legal action is needed if the agency fails to act.
On the local front, Herrera and Walton introduced two ordinances at the board meeting. One would prohibit the sale within San Francisco of any e‑cigarette that has not received required FDA premarket review; the other would bar the sale, manufacture, and distribution of tobacco products, including e‑cigarettes, on city property, including port property. Herrera said the two ordinances are not an “outright ban” on e‑cigarettes but would prevent sale of products that have not completed required federal review.
City officials also issued an enforcement-related demand this morning seeking explanations from the Pier 70 tenant and from JUUL-related operators about a distributor license and activity at the site. The city said a Juul-affiliated operation at Pier 70 lists a distributor license despite public statements that no distribution or manufacturing was occurring at that facility; the city said it asked for clarification and records.
Public-health officials emphasized the policy rationale. Department of Public Health Director Grant Colfax and Supervisor Walton cited federal data showing a sharp rise in youth e‑cigarette use since 2017; the city said millions of U.S. middle- and high-school students reported current tobacco use last year and warned that nicotine addiction harms adolescent brain development.
Why it matters: San Francisco’s actions combine legal pressure on a federal regulator with local ordinances intended to curb youth access to unreviewed e‑cigarette products and to prevent such activity on city-owned property. The moves could lead to local enforcement actions and convey pressure to the FDA.
What’s next: The ordinances are introduced at the board and will move through the legislative process; the city’s demand letter and records request to JUUL/Jewel are steps the city said will inform possible further legal action.
