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5 <br /> <br />increased from 1.4% to 2.7% and current use of e-cigarettes increased from 0.6% to 1.1%.29 The <br />same survey found that high school students who reported ever using e-cigarettes increased from <br />4.7% to 10.0% while current use increased from 1.5% to 2.8%;30 and <br /> <br /> WHEREAS, the safety and efficacy of electronic cigarettes is still unknown and <br />electronic cigarettes deliver an unknown mix of potentially carcinogenic and toxic compounds as <br />evidenced by the following: a) nicotine content labeling was not accurate with some <br />manufacturers;31 b) nicotine related impurities contents in cartridges and refills vary by <br />electronic cigarette manufacturer;32 and c) the concentrations of some metal and silicate particles <br />in electronic cigarette aerosol were higher than or equal to the levels contained in conventional <br />cigarette smoke;33 and <br /> <br /> WHEREAS, it is unknown if e-cigarettes may lead minors to try other tobacco products; <br />and <br /> <br /> WHEREAS, the City Council finds that the reports referenced herein are relevant to the <br />problems addressed by the City of San Leandro in enacting this ordinance to preserve and <br />safeguard public health, safety and welfare by protecting against the negative secondary effects <br />and adverse impacts of tobacco use and electronic cigarette use among youth; and <br /> <br /> WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the <br />“FDA law”) completely bans free distribution of all tobacco products except smokeless tobacco, <br />which can still be distributed in “qualified adult-only facilities”;34 and <br /> <br /> WHEREAS, the FDA law does not prohibit the free distribution of coupons or nominally <br />priced tobacco products; and <br /> <br /> WHEREAS, California state law prohibits the sale or distribution of free or nominal-cost <br />cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such <br />products) on public grounds or on private grounds that are open to the public;35 and <br /> <br /> WHEREAS, California state law specifically allows adoption of a local ordinance <br />related to the distribution of free or nominal-cost tobacco products that is “more restrictive” <br /> <br />29 Centers for Disease Control and Prevention. Electronic Cigarette Use Among Middle and High School Students— <br />United States, 2011-2012. Morbidity and Mortality Weekly Report. September 6, 2013 (survey results are available <br />at http://www.cdc.gov/tobacco/data_statistics/surveys/nyts.) 30 Id. 31 Trehy ML, Ye W, et al. “Analysis of Electronic Cigarette Cartridges, Refill Solutions, and Smoke for Nicotine and <br />Nicotine Related Impurities.” Journal of Liquid Chromatography & Related Technologies, 34:1442–1458, 2011. 32 Id. 33 Williams M, Villarreal A, Bozhilov K, Lin S, Talbot P (2013) Metal and Silicate Particles Including Nanoparticles <br />Are Present in Electronic Cigarette Cartomizer Fluid and Aerosol. PLoS ONE 8(3): e57987. <br />doi:10.1371/journal.pone.0057987. 34 21 U.S.C. § 387a-1. 35 Cal. Health & Safety Code § 118950. <br />187