CC 2019-10-22_11a ECigarettes and Minor Possession_PP Presentation
CONSIDERATION OF PROHIBITING THE RETAIL SALE OF ELECTRONIC CIGARETTES AND DISCUSSION ON POSSESSION OF TOBACCO BY PERSONS UNDER 21
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Electronic Cigarettes
Battery-operated devices, often designed to resemble a cigarette, that deliver and emit a nicotine-containing aerosol.
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Use of Electronic Cigarettes by Youth
Number of middle school and high school students who reported being users of tobacco products increased 36% from 3.6 million to 4.9 million between 2017 and 2018.
1.5 million more youth electronic cigarette users in 2018 than 2017
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Prohibiting the Retail Sale of Electronic Cigarettes
City of San Francisco
Livermore
Richmond
Many others considering
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Authority to Regulate Electronic Cigarettes
Family Smoking Prevention and tobacco Control Act authorizes the City to adopt local regulations prohibiting the sale, distribution, possession, exposure to, access to, and promotion
of, or use of tobacco products, but does preempt the City from regulating tobacco product standards, manufacturing, and labelling.
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Federal Drug Administration (FDA)
FDA responsible for conducting a premarket review of all new tobacco products
Tobacco companies are required to report to the FDA for premarket review any information concerning health risks, the components, ingredients, additives, and manufacturing methods
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Options for Prohibition of Retail Sales
San Francisco ordinance prohibits the retail sale of electronic cigarettes that have not received premarket approval from the FDA
Could also simply prohibit their sale
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Exposure to Challenge
Referendum challenging ordinance
Legal challenges backed by the tobacco industry
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Alternatives Related to Electronic Cigarettes
Bring forth an ordinance prohibiting the retail sale of all electronic cigarette products and paraphernalia until they are approve by the FDA; or
Bring forth an ordinance prohibiting the retail sale of all electronic cigarette products and paraphernalia; or
Receive information and direct staff to take no further action at this time; or
Provide other direction to staff
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Possession of Tobacco Products by Individuals Under the Legal Smoking Age
Purchasing, receiving or possessing tobacco products by an individual under the legal smoking age is no longer a crime under State law
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Direction
Retail sale of electronic cigarettes:
Prohibit the retail sale of electronic cigarette products and paraphernalia; or
Prohibit the retail sale of electronic cigarette products and paraphernalia that have not been approved by the FDA; or
Receive and file or provide other direction to staff
Possession of tobacco products and paraphernalia by persons under twenty-one:
Prohibit the possession of tobacco products by persons under 21; or
Receive and file or provide other direction to staff
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