Juul Fails In Effort To Change Ballot Language

Source from:  48 Hills 08/13/2019

Juul failed today in its effort to get the city to change substantially the language that will describe the company’s initiative in the November ballot handbook.

The Ballot Simplification Committee rejected a request from Juul Labs to refer to their nicotine devices as “vapor products” rather than “electronic cigarettes.”

That request was just one of 12 changes Juul asked the committee to make when it heard appeals on Friday to the draft summaries the committee labored to produce this week, during meetings that were at times extremely contentious.

The committee ultimately chose to ignore most of Juul’s requests to modify the language summarizing the Juul-backed ballot initiative.  The measure would reverse a city law, sponsored by Sup. Shamman Walton and passed unanimously by the supes in June, to ban Juul’s devices from being manufactured or sold in San Francisco starting in 2020, unless the devices undergo an FDA review. So far, Juul has not applied for that FDA review process.

The committee also decided to leave in place language from the City Attorney’s Office stating Juul’s ballot measure may have the effect of overturning the city’s ban on flavored tobacco, which was passed by the supes and ratified by voters in the June 2018 election.

Parker Kasmer, an attorney for Juul, told the committee the company’s  intent was never to overturn the flavor ban, and that they don’t believe the initiative would have that effect. But others have raised questions about what the outcome may be, which ultimately may need to be decided in court if the measure passes.

Because of the legal uncertainty, the committee felt it was important to leave the language in place.

Kasmer said that if the voter digest included that language, it could turn into a weird kind of self-fulfilling prophecy by changing what courts could view as the legislative intent of the initiative.  Enditem