HomeMy WebLinkAboutPresentation on Item 14 - Flavored Tobacco & E-cigarette RegulationsConsideration of a Prohibition on the
Sale Of Flavored Tobacco and/or
Electronic Cigarette Products
January 21, 2020
Recommendation
1.Receive a report on the federal,state and regional
approaches prohibiting the sale of flavored tobacco
and/or electronic cigarette products;and
2.Review and provide direction on an introduced
Ordinance prohibiting the sale of electronic
cigarette products that have not received
premarket review by the U.S.Food and Drug
Administration.
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Background
•November,2018:The City Council directs staff to analyze
issues related to prohibiting or limiting the sale of flavored
tobacco and electronic cigarettes products (e-cigarettes)
within the City.
•April,2019:Staff provided an update to the City Council on
the various policy issues as well as potential options to
prohibit the sale flavored tobacco products and e-cigarettes
in the City.
•October,2019:The City Council directed staff to return for
additional discussion and direction.
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San Luis Obispo’s Existing Tobacco Regulations
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1990
First city in the world to
successfully ban smoking in
all public buildings,
including bars and
restaurants
2003
Established a
Tobacco Retail
License (TRL)
program
2010
Smoking ban is
expanded to
include most
public places
and workplaces
2015
TRL amended to ban e-cigarette
smoking in all public building,
bars, etc. Required retailers of
e-cigarette products to obtain a
TRL
Flavored Tobacco Products and E-cigarettes
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Flavored
Tobacco
Electronic
Cigarette/Vaping
(e-cigarette)
Popularity of E-Cigarettes With the Youth
6
•E-cigarettes are the most popular tobacco product among the
youth
•Nationwide
•Over 17%of 8th graders,32%of 10th graders and 37%of 12th
graders reported trying e-cigarettes
•California
•More than 30%of high school students used e-cigarettes,with
10%of students saying they regularly use the product .
•San Luis Obispo
•31%of 11 th graders reported regularly using e-cigarette products
•66%of 9th graders say it’s easy to get e-cigarette products
Recent Federal and California Laws
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California
2003
Enacted the
Cigarette and
Tobacco
Products
Licensing Act
Federal
2009
Enacted the
Family Smoking
Prevention and
Tobacco Control
Act
Federal
January
2020
Age to
purchase
tobacco
products
increased to 21
California
January
2020
Introduced SB
793 which
prohibits the sale
of flavored
tobacco products
Federal
February
2020
Prohibition of
most flavored e-
cigarette
cartridges (single
use)
Other Cities/Counties in California
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Other Cities/County in the Region
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Morro Bay*Arroyo Grande County of San
Luis Obispo
City of Santa
Maria
What was
restricted
Prohibited
the sale of all
flavored and
non-flavored
e-cigarettes
products
Prohibited the sale of
all flavored and
non-flavored e-
cigarettes products
Prohibited youth
possession of all
tobacco products
Prohibited the
sale of all
flavored and
non-flavored e-
cigarettes
products
Prohibited the
sale of all
flavored tobacco
products
Pending FDA
Review Process
No Yes Yes Yes
Effective Date TBD*March 2020 February 2020 July 2020
Public Engagement
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1.Legal ad was circulated in a local newspaper,
posted on the City’s website and in front of City
Hall
2.Postcards mailed to retailers in the City’s Tobacco
Retail License program
3.Letters mailed to retailers in the City’s Tobacco
Retail License program
4.Letter mailed to the County of San Luis Obispo’s
Public Health Agency Tobacco Control .
Environmental Concerns
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•Many electronic cigarette
products are single use
•Electronic cigarette devices are
challenging to dispose of
•San Luis Obispo Integrated
Waste Management Authority
(IWMA) has been impacted by
electronic cigarette and e-juice
disposal
Policy Options
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Key Questions Yes No
Flavored Tobacco Products
1) Is Council supportive of prohibiting the sale of all flavored
tobacco products?
E-Cigarette Products
2) Is Council supportive of prohibiting the sale of e -cigarette
products only?
3) Should it include an exemption for non -flavored (tobacco)
products?
4) Pending FDA approval?
Effective Date
5) Shall enforcement begin 90 days after final adoption?
Alternatives
1.Move to adopt the introduced ordinance (Attachment A)
prohibiting the sale of all e-cigarette products (flavored and
non-flavored)that have not received premarket review by the
FDA.
2.Modify and move to adopt the introduced ordinance to
prohibit sale of e-cigarette products (flavored and non-
flavored) that have not received premarket review by the
FDA and flavored tobacco products.
3.Direct staff to conduct additional public engagement.
Additional public engagement efforts, including public
workshops, study sessions, and online surveys, would
require additional staff resources or workplan tradeoffs.
Recommendation
1.Receive a report on the federal,state and regional
approaches prohibiting the sale of flavored tobacco and/or
electronic cigarette products;and
2.Review and provide direction on an introduced Ordinance
prohibiting the sale of electronic cigarette products that
have not received premarket review by the U.S.Food and
Drug Administration.
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15
Alternative Ordinance Options
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SECTION 2.Section 8.14.030, of the San Luis Obispo Municipal Code is hereby amended
as reflected in Exhibit A to read as follows:
1. The sale, offer for sale, exchange, or offer to exchange of any flavored tobacco product is
prohibited.
(a) “Flavored Tobacco Product” means if the product manufacturer, tobacco retailer, or
any of their respective agents or employees has made a public statement or claim that
the tobacco product has or produces a characterizing flavor, including, but not limited
to, text, color, or images on the product’s labeling or packaging that are used to
expressly or impliedly communicate that a tobacco product has a characterizing flavor.
Prohibiting the Sale of Flavored Tobacco
Date of Enforcement
SECTION 6. Effective Date. This ordinance shall go into full force and effect 90 days after it
passage.
Alternative Ordinance Options
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SECTION 2.Section 8.14.030, of the San Luis Obispo Municipal Code is hereby amended
as reflected in Exhibit A to read as follows:
(b) “Flavored Electronic Smoking Device ” means an electronic device which can be used to deliver an
inhaled dose of flavored nicotine or any other flavored substances (excluding cannabis), including any
component, part, or accessory of such a device, whether or not sold separately, including flavored vape
juices and liquids used in such devices, even if sold separately.
“The sale or distribution by an establishment of a flavored Electronic Smoking Device is prohibited
in the City of San Luis Obispo, including mint and menthol where the Electronic Smoking Device:
(a) Requires premarket review under 21 U.S.C. §387j, as may be amended from time to
time; and
(b) Does not have a premarket review order under 21 U.S.C. §387j(c)(1)(A)(i), as may be
amended from time to time.”
Prohibiting the Sale of Flavored E-Cigarette Products
Date of Enforcement
SECTION 6. Effective Date. This ordinance shall go into full force and effect 90 days
after it passage.
Cannabis
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Cannabis vaping products are regulated through the State
of California (unlike e-cigarettes products) and are
generally subject to additional regulations that prevent
diversion to youth
•California Code of Regulations, Title 17 Division 1.
Chapter 12. Manufactured Cannabis Safety
California Department of Public Health –Cannabis
Regulations