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File Number: 17-559 <br />WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted in <br />2009, prohibited candy and fruit-flavored cigarettes, largely because these flavored products <br />were marketed to youth and young adults, and younger smokers were more likely to have tried <br />these products than older smokers; and although the manufacture and distribution of flavored <br />cigarettes (excluding menthol) is banned by federal law, neither federal nor California laws restrict <br />sales of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, <br />hookah tobacco, and electronic smoking devices and the nicotine solutions used in these <br />devices; and <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, including apple, <br />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 long-term <br />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 start <br />with products with lower levels of nicotine and progress to products with higher levels of nicotine; <br />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 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; and <br />WHEREAS, nicotine solutions, which are consumed via electronic smoking devices such <br />as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as coffee and <br />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, minors <br />are still able to obtain access to electronic cigarette products. A national survey revealed that <br />between 2011 and 2012, middle school students who reported ever using e-cigarettes increased <br />from 1.4% to 2.7% and current use of e-cigarettes increased from 0.6% to 1.1%. The same <br />survey found that high school students who reported ever using e-cigarettes increased from 4.7% <br />to 10.0% while current use increased from 1.5% to 2.8%; and <br />Page 3 City of San Leandro Printed on 10/10/2017 <br />180