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WHEREAS, data from the National Youth Tobacco Survey indicate that approximately two-fifths of U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes;23 and WHEREAS,tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products as part of a"graduation strategy"to encourage new users to start with products with lower levels of nicotine and progress to products with higher levels of nicotine;24 and WHEREAS,the U.S. Center for Disease Control and Prevention has reported current electronic cigarette use (use on at least 1 day in the past 30 days) among high school students increased from 4.5 percent in 2013 to 13.4 percent in 2014, rising from approximately 660,000 to 2 million students. Among middle school students, current e-cigarette use more than tripled from 1.1 percent in 2013 to 3.9 percent in 2014—an increase from approximately 120,000 to 450,000 students;25 and WHEREAS, nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as coffee and fruit;26 and WHEREAS, electronic cigarette companies have targeted minors with fruit-flavored products;27 and WHEREAS, while it is unlawful to sell or furnish an electronic cigarette to minors,28 minors are still able to obtain access to electronic cigarette products. A national survey revealed that between 2011 and 2012, middle school students who reported ever using e-cigarettes Promotion, Office on Smoking and Health,p. 539,www.surgeongeneral.gov/library/reports/preventing youth- tobacco-use/full-report.pdf. 23 King BA,Tynan MA,Dube SR, et al. 2013."Flavored-Little-Cigar and Flavored-Cigarette Use Among U.S. Middle and High School Students."Journal ofAdolescent Health. [Article in press],www jahonline.org/article/51054- 139X%2813%2900415-I/abstract. 24 U.S. Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General. Atlanta: U.S.National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,p. 539,www.surgeongeneral.gov/library/reports/preventing youth- tobacco-use/full-report pdf. zs Centers for Disease Control&Prevention. April 17,2015."Tobacco Use Among Middle and High School Students —United States,2011-2014,"Morbidity and Mortality Weekly Report(MMWR) 64(14);381-385 http://www.cdc.govlmmwrlpreview/mmwrhiml/mm6414a3.htm?s_cid mm64]4a3_w 26 U.S. Department of Health and Human Services.2012. Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,p. 549, www.surgeongeneral.gov/library/reports/preventing youth- tobacco-use/full-report.pdf. Press Release, State of California Department of Justice, Office of the Attorney General,Brown Announces Electronic Cigarette Maker's Agreement to Stop Deceptive Marketing and Sales to Minors(Aug. 3,2010), oag.ca.gov/news/press-releases/brown-announces-electronic-cigarette-makers-agreement-stop-deceptive- marketing. 28 Cal.Penal Code § 308. (footnote continued) ORDINANCE NO. 2017-017 4