On October 11, Governor Schwarzenegger vetoed two bills that would have moved California forward in the fight against tobacco and nicotine addiction.

One bill, AB 574, by Assemblymember Jerry Hill and co-sponsored by Breathe California with the California Tobacco Protection Alliance, was the top priority of the nonprofit, public benefit organization's legislative portfolio for the recent session.  The bill would have made hospital campuses smoke-free, protecting patients with asthma, and encouraging patients and staff to quit. The Governor wrote that AB 574 would be "unnecessary," yet smoking remains the number one cause of preventable death in California. AB 574 was supported by the California Hospital Association and the California Medical Association.

“The governor showed great promise for the environment and public health with the signing of AB32,” said Linda Civitello, President and CEO of Breathe California, Golden Gate Public Health Partnership. “We are very surprised at his lack of support for these bills designed to combat the hazards of nicotine addiction and secondhand smoke.”

"While I have commended Governor Schwarzenegger for his courage in other areas, I join others in condemning the veto of Assembly Hill's AB 574," said BREATHE LA President and CEO, Enrique Chiock.  "This legislation would have moved California forward in the fight against tobacco and nicotine addiction and was completely necessary.  Research has shown that smoke-free hospitals have significant and measurable effects on encouraging people to quit smoking."

Another important bill, SB 400, by Senator Ellen Corbett, would have made it illegal to sell e-cigarettes to minors. E-cigarettes have been red-flagged by the Food and Drug Administration because they contain known cancer-causing chemicals, and deliver nicotine – a highly addictive drug. Despite the effective marketing campaign by several e‑cigarette companies' suggesting that e‑cigarettes are a replacement for tobacco products, the replacement cigarettes have not been found to be safe or effective by the FDA, and should be kept out of kids' hands for obvious health reason, but also because it is illegal to sell cigarettes to minors. Breathe California testified in support of SB 400 in the legislature.