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Rules committee backs ordinance to treat e‑cigarettes like tobacco for use and sales
Summary
The Rules Committee voted to forward an ordinance that would prohibit use of electronic cigarettes wherever smoking is barred, require tobacco retail permits for e‑cigarette sellers, and limit sales where tobacco sales are banned. The measure advances to the full Board after a long public hearing with youth, public‑health, medical‑cannabis and industry speakers.
San Francisco’s Rules Committee on March 6 recommended that the full Board of Supervisors adopt an ordinance to treat electronic cigarettes like traditional tobacco products for indoor use and retail permitting.
The ordinance, introduced by Supervisor Eric Marr, would amend the city health code to prohibit use of electronic smoking devices where smoking is already banned, require a tobacco retail permit for sellers of e‑cigarettes, and bar sales in places where tobacco sales are prohibited. Marr said the measure reflects broad local support from public‑health groups, school officials and youth activists and aims to prevent renormalization of smoking and reduce youth access.
Derek Smith of the Department of Public Health told the committee the city has seen rapid growth in e‑cigarette retail: “We know of over 350 known retailers in San Francisco,” and noted many products feature flavors that appeal to young people. Health Officer Dr. Thomas Aragon urged a precautionary approach, saying e‑cigarettes "promote nicotine addiction" and risk reversing decades of public‑health gains by normalizing smoking in public spaces.
Researchers from the University of California, San Francisco told the committee that available studies link youth e‑cigarette use with later tobacco use and that bystander exposure to exhaled aerosol can include nicotine, ultrafine particles and other chemicals. San Francisco Unified School District President Sandra Lee Feuer and youth speakers described increasing e‑cigarette use on school campuses and urged clarity and enforcement.
Public comment ran more than an hour and included roughly 60 speakers. Supporters — including the American Cancer Society, American Lung Association, Breathe California and local youth advocates — emphasized youth access, flavored products and secondhand aerosol concerns. Opponents and callers for caution included small business owners and vape shop operators who said e‑cigarettes helped some people quit smoking and medical cannabis patients who worried about access to vaporizers for therapeutic use.
Deputy City Attorney John Gibner and the sponsor addressed those concerns, saying the ordinance would not affect existing laws and regulations regarding medical cannabis and that devices that do not resemble cigarettes would be treated differently. Committee members asked Department of Public Health staff about implementation; DPH said most retailers already hold tobacco permits and that permitting would mainly bring a small number of e‑cigarette‑only sellers into compliance.
After questions and extended public comment, Supervisor Marr moved a positive recommendation; the motion passed with no objection and the ordinance was forwarded to the full Board.
The measure will next be scheduled for a Board hearing, where supervisors will consider the ordinance and any technical amendments the city attorney or advocates request.
