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4 <br /> <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;23 and <br /> <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 start <br />with products with lower levels of nicotine and progress to products with higher levels of <br />nicotine;24 and <br /> <br /> WHEREAS, the U.S. Centers 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 students <br />increased from 4.5 percent in 2013 to 13.4 percent in 2014, rising from approximately 660,000 to <br />2 million students. Among middle school students, current e-cigarette use more than tripled from <br />1.1 percent in 2013 to 3.9 percent in 2014—an increase from approximately 120,000 to 450,000 <br />students;25 and <br /> <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 coffee <br />and fruit;26 and <br /> <br /> WHEREAS, electronic cigarette companies have targeted minors with fruit-flavored <br />products;27 and <br /> <br /> WHEREAS, while it is unlawful to sell or furnish an electronic cigarette to minors,28 <br />minors are still able to obtain access to electronic cigarette products. A national survey revealed <br />that between 2011 and 2012, middle school students who reported ever using e-cigarettes <br /> <br />23 King BA, Tynan MA, Dube SR, et al. 2013. “Flavored-Little-Cigar and Flavored-Cigarette Use Among U.S. Middle <br />and High School Students.” Journal of Adolescent Health. [Article in press], www.jahonline.org/article/S1054- <br />139X%2813%2900415-1/abstract. 24 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. 25 Centers for Disease Control & Prevention. April 17, 2015. “Tobacco Use Among Middle and High School Students <br />— United States, 2011–2014 ,” Morbidity and Mortality Weekly Report (MMWR) 64(14);381-385 <br />http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6414a3.htm?s_cid=mm6414a3_w 26 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. 549, www.surgeongeneral.gov/library/reports/preventing-youth- <br />tobacco-use/full-report.pdf. 27 Press Release, State of California Department of Justice, Office of the Attorney General, Brown Announces <br />Electronic Cigarette Maker's Agreement to Stop Deceptive Marketing and Sales to Minors (Aug. 3, 2010), <br />oag.ca.gov/news/press-releases/brown-announces-electronic-cigarette-makers-agreement-stop-deceptive- <br />marketing. 28 Cal. Penal Code § 308. <br />186