CC 2019-11-26_10a Supplemental No. 1
MEMORANDUM
TO: CITY COUNCIL
FROM: JIM BERGMAN, CITY MANAGER
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 10.a. – NOVEMBER 26, 2019 CITY COUNCIL MEETING
– CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING
THE SALE AND DISTRIBUTION OF ELECTRONIC CIGARETTES AND
VAPING PRODUCTS THAT REQUIRE, BUT HAVE NOT RECEIVED A
FOOD AND DRUG ADMINISTRATION ORDER APPROVING THEIR
MARKETING AND AN ORDINANCE PROHIBITING THE POSSESSION
OF ALL TOBACCO PRODUCTS AND PARAPHERNALIA BY PERSONS
UNDER TWENTY-ONE
DATE: NOVEMBER 26, 2019
Attached is correspondence received regarding the above referenced item.
cc: City Attorney
City Clerk
Public Review Binder
November 7, 2018
In California in 2016, The American Lung Association in California, the American Heart Association and
the American Cancer Society Cancer Action Network made a huge impact on the public health of
California residents by changing state law to raise the legal age of sale for tobacco products to 21.
Included in that victory was the removal of the state’s purchase, use, and/or possession (PUP) law which
punished minors for possessing tobacco products. Our organizations did this because civil and criminal
penalties for youth purchase, use and/or possession have not proven to be effective enforcement
measures and detract from more effective tobacco control strategies We believe that any penalty (if the
law is broken) should be levied only on the retailer and not the underage purchaser.
Big Tobacco has a long history of attracting and addicting youth and young adults with highly-targeted
marketing. However, PUP laws do not protect children from the misleading messaging and advertising by
the tobacco industry. Getting rid of PUP laws shifts the responsibility back to the tobacco industry and
retailers, and away from the vulnerable youth themselves.
PUP laws are also expensive and difficult to enforce. Newer tobacco products such as e-cigarettes and
JUUL, which are popular among youth, are designed to be used discreetly. Punishment for their
possession and/or use has not proven to reduce repeat violations. Studies also suggest that PUP laws
are disproportionately applied to communities of color. This diverts law enforcement’s time and money
away from effective tobacco control measures.
To best protect youth from the harmful effects of tobacco, it is important that local jurisdictions do not
pass new local youth possession laws. The American Lung Association, American Cancer Society,
and American Heart Association oppose any efforts by California localities to reinstate youth
tobacco possession laws. Instead, cities and counties should use proven strategies to prevent youth
from obtaining tobacco products. Studies show that strong definitions of tobacco product that include
electronic cigarettes, tobacco retail licensure requirements with penalties for store owners, increasing
minimum price or pack size, and prohibiting the sale of flavored tobacco products including menthol can
all effectively reduce youth access and tobacco use rates.
Together we must continue to work to stop Big Tobacco from attacking and addicting our vulnerable
youth.
For more information, please contact Lindsey Freitas, American Lung Association in California
(lindsey.freitas@lung.org), Tim Gibbs, American Cancer Society Cancer Action Network
(tim.gibbs@cancer.org), or Jamie Morgan, American Heart Association (jamie.morgan@heart.org).
Sincerely,
American Lung Association in California
American Cancer Society Cancer Action Network
American Heart Association