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3 <br /> <br /> <br /> WHEREAS, over one hundred and forty-eight cities and counties in California have <br />passed tobacco retailer licensing ordinances in an effort to stop minors from smoking;16 and <br /> <br /> WHEREAS, while state law prohibits possession of certain forms of “drug <br />paraphernalia,” and prohibits all sales of “drug paraphernalia,” many retailers continue to sell <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 /> <br /> WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted <br />in 2009, prohibited candy and fruit-flavored cigarettes,17 largely because these flavored products <br />were marketed to youth and young adults,18 and younger smokers were more likely to have tried <br />these products than older smokers;19 and although the manufacture and distribution of flavored <br />cigarettes (excluding menthol) is banned by federal law,20 neither federal nor California laws <br />restrict sales of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless <br />tobacco, hookah tobacco, and electronic smoking devices and the nicotine solutions used in these <br />devices; and <br /> <br /> WHEREAS, flavored non-cigarette tobacco products have become increasingly common <br />and are available in a variety of flavors that appeal to children and young adults,21 including <br />apple, cherry, chocolate, grape, peach, strawberry, and vanilla; and <br /> <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 long-term <br />addiction;22 and <br /> <br /> <br />15 Forster JL et al. “The Effects of Community Policies to Reduce Youth Access to Tobacco.” American Journal of <br />Public Health, 88(8): 1193-1197, 1998. Available at: www.ajph.org/cgi/reprint/88/8/1193. <br />16 American Nonsmokers’ Rights Foundation. 2012. California Municipalities with Laws Restricting Youth Access to <br />Tobacco, http://changelabsolutions.org/publications/anrf-list. 17 21 U.S.C. § 387g. 18 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A <br />Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health <br />Promotion, Office on Smoking and Health, p. 537, www.surgeongeneral.gov/library/reports/preventing-youth- <br />tobacco-use/full-report.pdf. 19 Id. 20 21 U.S.C. § 387g. 21 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A <br />Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health <br />Promotion, Office on Smoking and Health, p. 164, 205, www.surgeongeneral.gov/library/reports/preventing-youth- <br />tobacco-use/full-report.pdf; Morris DS and Fiala SC. 2013. “Flavoured, Non-cigarette Tobacco for Sale in the USA: <br />An Inventory Analysis of Internet Retailers.” Tobacco Control. [Electronic publication ahead of print], <br />http://tobaccocontrol.bmj.com/content/early/2013/08/08/tobaccocontrol-2013-051059.full. 22 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A <br />Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health <br />Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth- <br />tobacco-use/full-report.pdf. <br />185