Laserfiche WebLink
File Number: 17-308 <br />items that are commonly known to be “drug paraphernalia,” and claim that such items are <br />intended to be used for tobacco; and <br />WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted <br />in 2009, prohibited candy and fruit-flavored cigarettes, largely because these flavored <br />products were marketed to youth and young adults, and younger smokers were more likely to <br />have tried these products than older smokers; and although the manufacture and distribution <br />of flavored cigarettes (excluding menthol) is banned by federal law, neither federal nor <br />California laws restrict sales of flavored non-cigarette tobacco products, such as cigars, <br />cigarillos, smokeless tobacco, hookah tobacco, and electronic smoking devices and the <br />nicotine solutions used in these devices; and <br />WHEREAS, flavored non-cigarette tobacco products have become increasingly <br />common and are available in a variety of flavors that appeal to children and young adults, <br />including apple, cherry, chocolate, grape, peach, strawberry, and vanilla; and <br />WHEREAS, the U.S. Surgeon General has stated that flavored tobacco products are <br />considered to be “starter” products that help establish smoking habits that can lead to <br />long-term addiction; and <br />WHEREAS, data from the National Youth Tobacco Survey indicate that approximately <br />two-fifths of U.S. middle and high school smokers report using flavored little cigars or flavored <br />cigarettes; and <br />WHEREAS, tobacco companies have used flavorings such as mint and wintergreen in <br />smokeless tobacco products as part of a “graduation strategy” to encourage new users to <br />start with products with lower levels of nicotine and progress to products with higher levels of <br />nicotine; and <br />WHEREAS, the U.S. Center for Disease Control and Prevention has reported current <br />electronic cigarette use (use on at least 1 day in the past 30 days) among high school <br />students increased from 4.5 percent in 2013 to 13.4 percent in 2014, rising from <br />approximately 660,000 to 2 million students. Among middle school students, current <br />e-cigarette use more than tripled from 1.1 percent in 2013 to 3.9 percent in 2014-an increase <br />from approximately 120,000 to 450,000 students; and <br />WHEREAS, nicotine solutions, which are consumed via electronic smoking devices <br />such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as <br />coffee and fruit; and <br />WHEREAS, electronic cigarette companies have targeted minors with fruit-flavored <br />products; and <br />WHEREAS, while it is unlawful to sell or furnish an electronic cigarette to minors, <br />minors are still able to obtain access to electronic cigarette products. A national survey <br />revealed that between 2011 and 2012, middle school students who reported ever using <br />e-cigarettes increased from 1.4% to 2.7% and current use of e-cigarettes increased from <br />0.6% to 1.1%. The same survey found that high school students who reported ever using <br />Page 3 City of San Leandro Printed on 5/30/2017 <br />194