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File Number: 22-023 WHEREAS, the U.S. Surgeon General has stated that flavored tobacco products are considered to be “starter” products that help establish smoking habits that can lead to long-term addiction; and 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; 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; and WHEREAS, the U.S. Centers 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; and WHEREAS, the Governor of California signed Senate Bill 793 on August 28, 2020 to prohibit tobacco retailers from offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a product flavor enhancer, which would include menthol cigarettes and other menthol tobacco products. Senate Bill 793 has not gone into effect due to a referendum campaign led by tobacco companies; 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”; and WHEREAS, the FDA law 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; 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” and provides that a stricter local ordinance shall govern in the case of any inconsistency between the local ordinance and state law; and WHEREAS, the FDA law also expressly grants state and local governments the right to enact Page 3 City of San Leandro Printed on 2/3/2022