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increased from 1.4% to 2.7% and current use of e-cigarettes increased from 0.6% to 1.1%.29 The same survey found that high school students who reported ever using e-cigarettes increased from 4.7% to 10.0% while current use increased from 1.5%to 2.8%;30 and WHEREAS,the safety and efficacy of electronic cigarettes is still unknown and electronic cigarettes deliver an unknown mix of potentially carcinogenic and toxic compounds as evidenced by the following: a) nicotine content labeling was not accurate with some manufacturers;31 b) nicotine related impurities in cartridges and refills vary by electronic cigarette manufacturer;32 and c)the concentrations of some metal and silicate particles in electronic cigarette aerosol were higher than or equal to the levels contained in conventional cigarette smoke;33 and WHEREAS, it is unknown if e-cigarettes may lead minors to try other tobacco products; and WHEREAS,the City Council finds that the reports referenced herein are relevant to the problems addressed by the City of San Leandro in enacting this ordinance to preserve and safeguard public health, safety and welfare by protecting against the negative secondary effects and adverse impacts of tobacco use and electronic cigarette use among youth; and WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the "FDA law") completely bans free distribution of all tobacco products except smokeless tobacco, which can still be distributed in "qualified adult-only facilities";34 and WHEREAS, the FDA does not prohibit the free distribution of coupons or nominally priced tobacco products; and WHEREAS, California state law prohibits the sale or distribution of free or nominal-cost cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such products) on public grounds or on private grounds that are open to the public;35 and WHEREAS, California state law specifically allows adoption of a local ordinance related to the distribution of free or nominal-cost tobacco products that is "more restrictive" 29 Centers for Disease Control and Prevention. Electronic Cigarette Use Among Middle and High School Students— United States,2011-2012. Morbidity and Mortality 6Veekly Report. September 6,2013 (survey results are available 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 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 Are Present in Electronic Cigarette Cartomizer Fluid and Aerosol. PLoS ONE 8(3): e57987. doi:10.1371/journal.pone.0057987. 3a 21 U.S.C. § 387a-1. 35 Cal.Health&Safety Code § 118950. (footnote continued) ORDINANCE NO. 2017-017 5