By Robert Moore, MD, MPH, MBA, Chief Medical Officer
“It is easier to build strong children than to repair broken adults”
– Frederick Douglas, American abolitionist and orator
While most healthcare leaders and policy makers are focusing attention on responding to cuts in Medi-Cal enrollment and funding, three California assemblymembers have proposed legislation to address three major public health issues affecting teens and tweens: a spike in injuries associated with use of motorized bicycles, a dramatic increase in nicotine vaping, and an increase in mental illness caused by social media and mobile phone use.
The most successful public health campaigns started with data gathering and analysis and progressed to educational interventions, which gradually reframed the issue, ultimately culminating in legislation that included penalties for non-compliance. Examples in the last 50 years include mandatory use of car seats, motorcycle helmets, bicycle helmets for children, broad prohibitions around cigarette smoking in public locations, mandatory use of seat belts, and requiring new cars to have air bags. At the time each of these was introduced, there was much debate and disagreement, especially as it relates to mandating our ruggedly individualistic population to do something they are not inclined to do on their own. Now, young people can’t imagine a world without car seats, seat belts, motorcycle helmets, etc.
During the COVID pandemic, there was not sufficient time to gradually build consensus or reframe the interventions that help contain a pandemic; well-meaning policy makers and public health professionals who depended on the mandate playbook for business closures and vaccination mandates inadvertently eroded trust in public health activities. Lack of trust in public health has created a harmful ripple effect of vaccination rates falling for children and adults and vaccine preventable illnesses emerging and spreading.
Are we in California now ready for legislation for e-bikes, vaping, and social media in children?
The data showing the harm of these three exposures is compelling.
- Recent results reported by The Mineta Transportation Institute through San Jose State University Hospitalizations and Emergency Department visits for motorized bicycle injuries in children have skyrocketed in the last few years, especially for children ages 10-15.
- An anonymous survey in Modoc County schools found vaping rates of over 80%, with the youngest children reporting vaping at age 10. Parents were largely unaware of their children’s vaping. These rates are much higher than those found by the California Student Tobacco Survey, probably due to either methodologic differences (how anonymous do children believe the CSTS really is?) or local variation.
- Jonathon Haidt’s book The Anxious Generation, presents a large body of evidence from countries around the world for the negative effects of excessive use of social media, mobile phones, video games, and online pornography on the emotional and intellectual development of children.
Are legislative mandates to promote safety among children excessive? Shouldn’t we rely on educational interventions alone?
Adults and teachers who educate children recognize a key element of their development is to protect them from dangers that they are developmentally unable to fully understand. However, this doesn’t mean we should be over-protective of children, avoiding all potential sources of pain and stress that actually promote learning and development. In the last chapters of the The Anxious Generation, Jonathon Haidt (who also wrote an entire book on this topic, called the Coddling of the American Mind) gives concrete advice to parents and teachers on how to gradually and steadily increase responsibility and grow confident and thinking teens and young adults. If you have school age children, I really can’t underemphasize how important the ideas in this book are to you.
The art of policy that seeks to change behavior is to synchronize with the beliefs and framing of a critical mass of adults, so that any mandates are generally accepted by most people. If mandates are pushed prematurely, they can lead to widespread ignoring of the mandate, with breaking the law on the mandate becoming the norm. It is better to stick with narrow mandates initially, to support this re framing, and progressively phase in more stringent mandates. This was the strategy used for first second-hand smoke and then indoor smoking in California.
When evaluating legislation intended to address public health issues, we need to consider all these issues! Is the harm proven? Are people believing the evidence around this harm? Will the proposed legislative solutions be accepted and adhered to? If the lift is too heavy, is there an intermediate, smaller step is better to aim for this year?
With these questions in mind, here are summaries of four bills currently before the California Legislature to consider. Talk them over with your families and colleagues! If you think they need changes, contact the lead staff member at the legislative author’s office and offer your suggestions. As health care professionals, your views on public health issues carry considerable weight.
Bike Safety
AB-2346 (Wilson) Vehicles: Electric Bicycles and Speed Limits.
This bill would require all class 1 and class 2 electric bicycles manufactured, sold, or offered for sale on or after January 1, 2029, to be equipped with a speedometer. The bill would also require all electric bicycles on or after January 1, 2029, to be equipped with an integrated front lamp and a rear lamp. The bill would also require manufacturers and distributors of electric bicycles to include a written description of California’s electric bicycle laws with the bicycle’s packaging to be provided to the consumer. The bill would also require sellers and distributors of electric bicycles to provide specified disclosures at or before the point of sale. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $15,000 for a first violation and not to exceed $50,000 for each subsequent violation. This bill would authorize a local authority to set a speed limit on a bicycle path of 15 or 20 miles an hour or on a multiuse trail to 10, 15, or 20 miles per hour, subject to specified signage requirements. The bill would also prohibit a person under 16 years of age from riding an electric bicycle at a speed greater than 15 miles per hour on a highway or a bicycle path. This bill is being actively supported by the California Medical Association, the California Chapter of the American Academy of Pediatrics, and the California Association of Family Physicians. Assemblymember Lori Wilson started her career as an accountant, served as mayor of Suisun City and represents Solano County.
Youth Nicotine Use
AB-1884 (Hadwick) Interscholastic athletics: drug testing: suspensions: nicotine use. Would require the governing boards of school districts to establish drug testing programs for pupils in grades 7 to 12, as part of their policies regarding participation in extracurricular and cocurricular activities. The bill requires programs to include nicotine testing for athletic extracurricular activities, authorizes testing to also include alcohol and other controlled substances, and authorizes testing to apply to other non-athletic extracurricular activities. Assemblymember Heather Hadwick is a former schoolteacher who witnessed the effects of vaping in schools, first hand and is passionate about finding remedies. She is a businesswoman from Modoc County and represents the rural corner of Northeastern California.
AB-2667 (Hadwick) Vape products: household hazardous waste: advertising
Prohibits the sale of cannabis or tobacco vape products that conceal the nature of the vape product, use branding known to appeal to minors, or include interactive videogame capabilities; requires the Department of Toxic Substances Control (DTSC) to evaluate and make recommendations relating to the confiscation of vape products from students by schools; and authorizes household hazardous waste (HHW) collection facilities to disassemble vape products.
Social Media Addiction
AB-1700 (Lowenthal) Covered platforms: age restriction: e-Safety Advisory Commission. Would require covered platforms – based on the “addictive internet-based service or application” definition from the Protecting Our Kids from Social Media Addiction Act to prevent minors under age 16 from having accounts, using the device-based age verification system created by the Digital Age Assurance Act. The bill does not prevent minors from accessing social media to find information and resources; it simply prohibits them from having a personalized account. The bill would require the eSafety Commission to craft regulations to enforce the ban. The commission would be established within the State Department of Justice and advise the Attorney General on which platforms are covered under the law. Assemblyman Josh Lowethal is a former teacher and tech businessman from the Long Beach area, with three school-aged children.

