Secondhand Smoke

Secondhand smoke (SHS) is smoke from burning tobacco products. Secondhand smoke is also smoke that has been exhaled, or breathed out, by the person smoking. It is not just a byproduct of combustible tobacco products, but also includes exposure to aerosols as another potential source of exposure to toxicants. Each year, exposure to secondhand smoke causes an estimated 41,000 deaths among adults in the United States, including 7,330 deaths from lung cancer and 33,950 deaths from heart disease. Adverse health effects of SHS include heart disease, lung and nasal sinus cancer, and respiratory illnesses.

SHS contains human carcinogens, and mutagenic compounds such as hydrogen cyanide, formaldehyde, and arsenic. Recommendations from national experts, including the U.S. Surgeon General, point to the importance of reducing exposure to SHS as a leading strategy to reduce tobacco-related disease and death. Reducing exposure to SHS can be done by creating more indoor and outdoor smoke-free environments. Along with its direct effects, creating smoke-free environments has the added benefit of changing social norms around tobacco use. For example, creating smoke-free outdoor public spaces de-normalizes smoking and decreases opportunities for youth modeling smoking behavior. Please see the following fact sheet for more information about California’s clean air laws.

Exposure to Secondhand Smoke in Outdoor Areas

In the nearly 30 years since California’s Smoke-Free Workplace Law was adopted, residents have grown accustomed to and reaped the health benefits of smoke-free indoor environments. Smoking in restaurants, bars, and other workplaces, once commonplace, is now, for the most part, a thing of the past.

Many cities and counties in California are working to protect their residents from SHS exposure by passing policies that restrict smoking in outdoor areas, especially recreation areas and other outdoor spaces where people congregate. These areas include public parks, beaches, dining areas, and around doorways and windows of public buildings. Despite these successes in reducing exposure to SHS, outdoor exposure remains a serious, yet preventable, health threat.

Outdoor SHS accounts for a significant amount of nonsmokers’ exposure to hazardous tobacco products. Every day, Californians visit parks, beaches, golf courses, outdoor seating areas of restaurants, public events such as concerts and farmers’ markets, and service areas such as ATM lines and bus stops only to find themselves and their children exposed to toxic SHS and discarded cigarette butts.

Electronic Smoking Devices and Secondhand Smoke

While rates of smoking have been in a decline for the past decades, there’s been an increase in the use of emerging tobacco products, including a dramatic increase in use of electronic smoking devices (ESDs). ESDs are devices that allow users to inhale aerosols and typically include nicotine, flavoring, and other additives. Secondhand aerosol is generated and emitted when a user activates the device, and while commonly believed to be safe, ESD aerosol is not harmless “water vapor”, but instead contains emissions that may include nicotine, heavy metals, glycols, and other harmful compounds. Research confirms that ESDs are not emission-free, and their pollutants could be of health concern for both users and those exposed to secondhand aerosol. Secondhand e-cigarette aerosol has been found to contain at least ten chemicals that are on California’s Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm.

According to the Surgeon General’s report on e-cigarette use among youth and young adults, prohibiting the use of ESDs reduces the potential health risks to nonusers from exposure to ESD aerosols. It also discourages dual use of ESD and combustible tobacco products and increases public compliance with enforcement of existing smoke-free laws. For more information on ESDs, please see the following fact sheets “Vaping & E-Cigarettes - What is the Bottom Line" and "Vaping."

Cannabis and Secondhand Smoke

Although adult recreational use of cannabis is legal in California, state laws (Health & Safety Code 11362.3 and 11362.79) prohibit smoking cannabis in public places or in any place where smoking tobacco is prohibited by law. Many cities have not updated their municipal code to be consistent with state law.

Both cannabis and tobacco smoke have been placed on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm. Secondhand cannabis smoke contains fine particulate matter, which poses a risk to non-smokers. These fine particles can cause lung irritation, asthma attacks, and respiratory infection, as well as exacerbate respiratory conditions such as asthma, bronchitis, and chronic obstructive pulmonary disease (COPD). For more information about this topic, please see the following fact sheets “Marijuana & Tobacco Use.” and “Secondhand Marijuana Smoke.”

Exposure to Secondhand Smoke in Multi-Unit Housing (MUH)

Although California has made great progress in eliminating SHS in the workplace, for the many Californians who live in multi-unit housing (e.g., apartments, condominiums), breathing SHS drifting from neighboring units, balconies, and outdoor areas is an ongoing and real health problem.

SHS can seep under doorways, through wall cracks, windows, shared ventilation systems, plumbing fixtures, and electrical conduits. Persons living in apartments near smokers can be exposed to elevated pollution levels for 24 hours a day. The U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from SHS exposure. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate SHS exposure.

What are the Benefits of Smoke-free Multi-Unit Housing?

There are many benefits for both tenants and landlords that can come from smoke-free multi-unit housing policies. Smoke-free multi-unit housing can improve air quality and increase overall health and wellness by protecting residents from exposure to SHS, including aerosol produced by ESDs, by prohibiting smoking in new and existing units in multi-unit housing, including enclosed or unenclosed areas such as balconies, patios, decks, porches, and all common areas. Smoke-free multi-unit housing policies also mitigate the risk of fire damage, injury, or death in a smoke-free building. Smoke-free units have reduced maintenance costs including re-painting and replacement of carpets.

According to the American Nonsmokers’ Rights Foundation, , at least 101 jurisdictions in California have adopted laws that regulate smoking in multi-unit housing, including the Los Angeles County jurisdictions of Baldwin Park, Bell Gardens, Beverly Hills, Burbank, Calabasas, Compton, Cudahy, Culver City, El Monte, Glendale, Huntington Park, Manhattan Beach, Norwalk, Pasadena, San Fernando, Santa Monica, Sierra Madre, South Pasadena, Torrance, and West Hollywood.

Thirdhand Smoke

In addition to SHS exposure, residents who live in multi-unit housing are at the highest risk of thirdhand smoke. Thirdhand smoke (THS) is tobacco smoke residue that is left behind when someone smokes indoors. The smoke sticks to surfaces such as walls, furniture and floors and other objects. To learn more about Thirdhand Smoke, please review the following fact sheet “Thirdhand Smoke, CDPH 2017.”

Secondhand Smoke Exposure Concerns and Resources

TCPP can only assist with tobacco-related secondhand smoke concerns.

For secondhand smoke emitted from cannabis products only, contact the Office of Cannabis Management, Counseling Division as they handle Housing and Tenant Protections at (800)593-8222 (M-F, 8:00am – 4:30pm) or email rent@dcba.lacounty.gov. You may also contact the Substance Abuse Prevention and Control Program at (626)299-4532

Our program does not provide enforcement of secondhand smoke policies nor can provide legal advice or mediation on issues or disputes (including with tenants or landlords/property management).

If you live in the City of Los Angeles, you may contact your city’s elected officials for assistance. Your specific council district can be found at neighborhoodinfo.lacity.gov

Contact information for Los Angeles City elected officials can be found at lacity.gov/directory

If you are experiencing SHS exposure where you live and reside

When submitting your complaint, please provide the following information:

  • The city you live in
  • The type of dwelling you currently live in (e.g., apartment, condominium, single family home)
  • If you live in an apartment, is the apartment building you live in rent controlled?
  • Do you know if your lease includes a no smoking policy?

If you are experiencing SHS exposure where you live and reside in the following Los Angeles County cities, please visit your local city website for information on reporting the issue.


For more information and resources, please review the following:

If you are a property owner or manager and would like to implement a smoke-free policy for your multi-unit dwelling, the following documents may help you get started.


If you are a property owner or manager with a smoke-free policy for your multi-unit dwelling and would like to know more about implementing the policy, the following documents may help you get started.


If you are a multi-unit housing resident and would like more information about your options, the following documents may help you.

Apartments


Condominiums


If you suffer from a medical condition that can be made worse by exposure to secondhand smoke, disability laws at the federal, state, and local level may require landlords to make accommodations. Please see below for more information and a sample Demand Letter.


If you would like general information on secondhand smoke in multi-unit housing, please see the following fact sheet from the American Nonsmokers’ Rights Foundation.


If you are experiencing secondhand smoke exposure where you live, and reside within a city that does not currently have a smoke free multi-unit housing policy you may contact our program for more information at tobacco1@ph.lacounty.gov.


It is a violation of the California Labor Code, Section 6404.5(c) for anyone to smoke or use ESD’s in an indoor workplace. For more information, please see to the following documents:


If you would like to file a Labor Code complaint*, please email tobacco1@ph.lacounty.gov and include the information below or contact your local city enforcement.

  • Business Name
  • Business Address

To report a smoking violation of the Labor Code Section 6404.5 within the City of Los Angeles, contact the Los Angeles Fire Department Smoking Complaint Hotline at (213) 978-3568. For more information on smoking enforcement in Los Angeles, please visit lafd.org/smoking-enforcement


*Note: TCPP can only address SHS concerns occurring in Los Angeles County. If the incident occurred outside of Los Angeles County, please contact your local health department for more information. Complaints within the cities of Pasadena and Long Beach should be filed using the respective city’s Department of Public Health website.