East Bay city will no longer restrict tobacco products based on package size or price

The newly amended rules will align with the state's rules that were enacted in January.

Antioch will no longer restrict tobacco products based on package size or price.

The changes come after the City Council heard many outcries in March and again this week from small shop owners and others who complained that the new restrictions on the package size and price of tobacco products were hurting their businesses.

The revised restrictions on tobacco sales align the city with the state’s new rules following the passage of a flavored tobacco ban last fall and helps avoid potential confusion among local retailers and enforcement officials, according to staff.

“We’re just trying to have some parity, so it’s consistent,” Acting City Manager Forrest Ebbs told the council. “…We wanted to get this before you because you know it’s important to the business community.”

First approved on March 08, 2022, and enacted on Dec. 14 that same year, Antioch’s rules on tobacco sales prohibited businesses from selling fewer than six cigars or 20 “little cigars,” including cigarillos, or any packages of them for less than $10, including taxes and fees, in an attempt to discourage youths from purchasing these products.

Prohibitions also were enacted on the sale of flavored tobacco products and electronic cigarettes at that time and those rules would not be affected by this week’s changes.

During the hearing, numerous store owners and other proponents spoke in favor of the easing of the restrictions, noting tobacco sales are already regulated by federal and state laws, and enforced through compliance checks.

“The tobacco minimum-pack size regulation being imposed at the city level not only overreaches and infringes on the personal freedom and autonomy in that individual consumers should have the right to purchase and consume tobacco products at any quantity they choose,” a resident named Jas said.

He and others suggested that the restrictions would send consumers to other cities to buy their goods while encouraging illicit tobacco sales in Antioch.

Ralph Hernandez meanwhile noted that there are age restrictions on the sale of tobacco products that the stores enforce, and if the council is worried about such products being unhealthy, they should ban them from large retailers such as grocery stores too.

“And flavor is also put in candies, sodas, a can of beans and things like that,” he said. “Why aren’t these people, the anti-tobacco people, coming up and saying, don’t buy candies, don’t buy these food products?”

Nisha Toor said the ban on smaller packages of tobacco is taking away tax dollars the city needs, and forcing people to buy large quantities of products that become stale after a week or so.

“Secondly, merchants are suffering from the loss of business,” she said. “We are talking about someone’s bread and butter.”

But others talked about the effects such products had on health and how flavored tobacco could hook youths early on.

“Public health policies do play a critical role in promoting health in the community, especially that of the youth,” said Mayra Lopez, of the Contra Costa Health Services tobacco prevention program. “Antioch is a clear leader in Contra Costa County. It’s known not just here but throughout the Bay Area and also Southern California. The policies that you have in place now are some of the strongest.”

Increasing the price of tobacco products is also the single most effective way at reducing tobacco consumption, she said.

“It is wrong for tobacco to be cheaper than a candy bar; $1.29 for a pack of swishers (cigarillos) is an invitation to youth addiction,”Jimmy Ancira of the Tobacco Prevention Coalition said. “Cigarillos are the second most popular tobacco product among underage youth in California because of both flavors and price.”

“I understand that small businesses may struggle due to lost customers, but I believe that stricter tobacco regulations are essential to keep all of Antioch safe,” she said. “…Think about the youth and the babies.”

Councilwoman Lori Ogorchock said he had listened to both sides and had researched what other nearby cities were doing, including Pittsburg, which will be looking at updating its tobacco ordinance. She supported easing the restrictions but said perhaps an ad hoc committee should have been formed early on to find out how it would affect businesses.

Mayor Lamar Thorpe, however, said he was not changing his position. “I will still be voting against this,” he said.

The motion to ease the restrictions passed 3 to 2, with Thorpe and Councilwoman Monica Wilson voting no.

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