CALIFORNIA, USA — New year, new laws... and new to California in 2023 are laws regarding repeat retail theft crimes, gender-based price discrimination, flavored tobacco products and more.
People who vape said goodbye to tobacco flavored products, which are now gone from store shelves; that includes smokers having to give up menthol cigarettes. The state-wide ban went into effect on December 21, 2022.
In December of 2020, the National Retail Federation (NRF) released their Organized Retail Crime study and found that organized retail theft is spreading widely across the country, including California. The study surveyed loss prevention executives from large and mid-sized retailers and found that retail crime had increased 68% with losses averaging over $700,000 for every $1 billion in sales.
Another notable retail law known as the “Pink Tax” law brings to light gender-based pricing for goods in California, which the author of the bill argues will support women’s economic health and hold companies accountable by eliminating the "Pink Tax" in California once and for all."
Here are some of the new laws coming into effect in 2023.
AB-2294 Diversion for repeat retail theft crimes
AB-2294 (2021-22) This law gives law enforcement the ability to act immediately and keep those accused of organized retail theft in custody. This means local authority can keep a person in custody who’s been arrested for a misdemeanor if they have been convicted of theft from a store in the last six months, or if there is probable cause that the person arrested is guilty of committing organized retail theft.
Assemblymember Reggie Jones-Sawyer authored the bill, which Gov. Newsom signed on Sept. 30 and it goes into effect Jan. 1, 2023.
AB-1287 Gender-base price discrimination
AB-1287 (2021-22) This bill will eliminate what the author calls the “Pink Tax” and ensure women achieve equality by prohibiting businesses from assigning different prices for identical products based on who they are marketed to.
Assemblymember Rebecca Bauer Kahan who authored the bill said “this type of arbitrary gendered pricing has no place in California. It’s past time to ensure price equality.” Gov. Newsom signed the bill on Sept. 27 and it goes into effect Jan. 1, 2023.
SB-793 Flavored tobacco products
SB-793 (2019-20) This bill prohibits flavored tobacco product sales by anyone selling those types of products from a retailer or vending machine in California.
According to the author, youth usage of flavored tobacco products exploded in California and was fueled by kid friendly flavors like cotton candy and bubblegum.
Now, everything from aloe grape and strawberry to watermelon bubble gum flavored vape products are banned, along with menthol cigarettes. A decision made by the U.S. Supreme Court after 63% of California voters approved the ban.
Former State Senator Jerry Hill authored the bill, which Gov. Newsom signed on Aug. 28, 2020 and went into effect on December 21, 2022.
AB-1200 Plant-based food packaging
AB-1200 (2021-22) This bill bans the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from plant-based food packaging, requires cookware manufacturers to attach a disclosure label if certain chemicals are found in their cookware, and requires truth in advertising when marketing cookware to be free of certain chemicals.
According to the Minnesota Pollution Control Agency (MPCA), fluoropolymer coatings are commonly applied to cookware to give it an anti-stick surface. The MPCA notes that Teflon is the most well-known of these non-stick chemicals.
Assemblymember Phil Ting wrote the bill and said "dangerous chemicals should not be wrapped around our food or leaching into our food from our pots and pans at home." Gov. Newsom signed this bill on Oct. 5, 2021 and it goes into effect Jan. 1, 2023.
AB-44 Fur products prohibition
AB-44 (2019-20) This bill prohibits the sale and manufacture of fur products throughout the state of California.
Supporters contend that there are viable alternatives to real fur that are currently widely used in the fashion industry. Those in opposition argue that the fur industry is regulated, and a ban may encourage a black market that will worsen conditions for animals.
Assemblymember Laura Friedman wrote the bill and said "there is no need for fur in the 21st century and no place for it in a sustainable future." Gov. Newsom signed this bill on Oct. 12, 2019 and it goes into effect Jan. 1, 2023.
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