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HomeMy WebLinkAboutO-13-12 ORDINANCE NO. 0-13-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING SECTION 50-6 OF THE CODE UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E-CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITHIN THE CITY OF E-CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E-CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Legislative findings: (a) The dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking. (b) New, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes or e-cigarettes, have recently been made available to consumers. These devices closely resemble and purposefully mimic the art of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and ignition system are housed in a device created to look exactly like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a "cloud" of undetermined substances that is virtually indistinguishable from traditional cigarettes, cigars and pipes. ( c) Nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption. (d) The manufacturers and marketers of e-cigarettes purposefully and intentionally advertise their produces as safe nicotine delivery devices and smoking cessation modalities. (e) These safety and smoking cessation assertions made by e-cigarettes companies have been disproven by laboratory tests conducted by the U.S. Food and Drug Administration (FDA). Indeed, this testing has shown that e-cigarettes do contain carcinogens, including nitrosamines. Further, the FDA tests showed that e-cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is a common ingredient in antifreeze and, in 2007, was also surreptitiously substituted for glycerin by several Chinese manufacturing companies in the making of toothpaste which resulted in the deaths of hundreds of people worldwide. While some e-cigarette manufacturers dispute the FDA's findings as limited in scope and sample, these manufacturers have not submitted for independent peer review any of their findings that purportedly support their safety and smoking cessation claims. (f) Along with the FDA's publicly expressed concerns over the safety of these devices, the FDA is continuing its official investigation into the e-smoking devices and has refused to allow e-cigarettes, e-cigars and pipes to cross the border of the United States because they are considered new drugs and drug delivery devices that require FDA approval. (g) Concurrent with this lack of suitable information, e-cigarette manufacturers offer their nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla. The FDA and public health advocates warn these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes. (h) Studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes, the amount traditionally available in g 9 a single pack. The appeal created by the flavored e-cigarette can lead young people into a lifetime of nicotine addiction. 2 (i) The nicotine content in e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose. (j) Other governments and public health organizations have joined the FDA in speaking out about the potential dangers posed by e-cigarettes. These entities are also calling on e-cigarette manufacturers to discontinue their safety claims until these products have been independently tested. These groups include the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate. (k) Protecting City residents against any untested nicotine product like e- cigarettes represents sound public health and fiscal policy. Therefore, the purpose of this ordinance is to ban the sale of e-cigarettes and like products in the City of Sebastian to persons under the age of 18, to prohibit the use of e-cigarettes and like products in public places where traditional forms of smoking are already disallowed, and to prohibit self-service merchandising in the retail sale of e-cigarettes and like products in order to minimize the physical accessibility of e-cigarettes and like products to minors. Section 2. The Code of the City of Sebastian, Florida is hereby amended by adding a section numbered 50-6 which said section shall read as follows: Sec. 50-6 Definitions (a) For the purpose of this article, the following words and terms shall have the meanings given herein: City means the City of Sebastian, Florida E-cigarette means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user that he or she inhales in simulation of smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e- pipes or under any other product name. 3 Liquid nicotine means any liquid product composed either in whole or part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes. Open display unit, in the context of the retail sale of e-ciqarettes and liquid nicotine, means any device, furniture or furnishing within or upon which e-cigarettes or liquid nicotine are displayed to customers, and includes but is not limited to any case, rack, shelf, counter, table, desk, kiosk, booth, stand and other surface. Person means any natural person or artificial entity capable of suing and being sued in the State of Florida. Self-service merchandising, in the context of the retail sale of e-ciqarettes and liquid nicotine, means the open display of e-cigarettes and liquid nicotine, whether packaged or otherwise, for direct retail customer access and handling prior to purchase without the intervention or assistance of the retailer or the retailer's owner, employee or agent. Such open display includes the use of an open display unit. Smoking means smoking as defined in Section 386.203, Florida Statutes, as the same may be amended from time to time and any successor thereto. Use of an e-cigarette means the heating or ignition of an e-cigarette which creates a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user that he or she can inhale in simulation of smoking. Sale of e-cigarettes to minors prohibited. It is prohibited for any person to sell or offer for sale e-cigarettes or liquid nicotine within the city to a person under eighteen years of age. ( c) Use of an e-cigarette where smoking prohibited. The use of an e-cigarette is prohibited at all locations within the City at which smoking is prohibited under Chapter 386, Florida Statutes. (d) Self-service merchandising prohibited. 4 1. No person engaged in the retail sale of e-ciqarettes or liquid nicotine shall sell, permit to be sold, offer for sale, or display for sale e-cigarettes or liquid nicotine by means of self-service merchandising. 2. No person engaged in the retail sale of e-ciqarettes or liquid nicotine shall place e-cigarettes or liquid nicotine in an open display unit unless the same is located in an area that is inaccessible to customers. Section 3. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This ordinance shall take effect immediately upon adoption. 5 The foregoing Ordinance was moved for adoption by Councilmember Hill The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice-Mayor Jim Hill aye Councilmember Richard Gillmor nay Councilmember Andrea B. Coy aye Councilmember Jerome Adams aye The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of November2013. CITY OF SEBASTIAN, FLORIDA 7)-1 By: J• ;/l Mayor ATTES : Sally A. Maio, MC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 6 2012 Florida Youth Tobacco Survey: Fact Sheet 12 FLORIDA DEPARTMENT OF Youth Electronic HEALT Tobacco Free Florida ��� Cigarette Use Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2012 to 38,989 middle school students and 36,439 high school students in 746 public schools throughout the state. The overall survey response rate for middle schools was 77% and the overall response rate for high schools was 73%. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. About Electronic Cigarettes An electronic cigarette (e-cigarette) is a battery-operated device that looks, feels, and tastes like a tobacco cigarette. They deliver nicotine, flavor, and other chemicals to the user in the form of a vapor. Figure 1.Ever Tried Electronic Cigarette • 3.0 t8, ,c,00‘ SG 3.9 6.0 ScSpO` 8.4 ‘0311 0 3 6 9 Percent •2011 •2012 Ever Tried Electronic Cigarettes Figure 2.Current Electronic Cigarette Use In 2012, 3.9% of middle school and 8.4% of high 1.6 school students had tried an electronic cigarette at 5G °` 1.8 least once (Figure 1). Since 2011, the prevalence M,a86e of this behavior has increased by 30.0% among middle school students and by 40.0% among high 3.1 school students. v39rs°"°0 3.5 Current Electronic Cigarette Use 0 1 2 3 4 Percent In 2012, 1.8% of middle school students and 3.5% of high school students used an electronic cigarette •2011 .20,2 at least once during the past 30 days (Figure 2). Since 2011, the prevalence of this behavior has increased by 20.0% among middle school students Image: http://www.e-cigarettereviewed.com/wp-con- and by 12.9% among high school students. tent/uploads/2012/06/510+Cartomizer+E+Cigarette.jpg 2012 FYTS Fact Sheet 12: Youth Electronic Cigarette Use Page 2 Current Electronic Cigarette Use (Past 30 Days) Figure 3. Middle School Current Electronic Cigarette Middle School Use Overall, 1.8% of middle school All 1 1.8 students used an electronic cigarette at least once during the past 30 Female 1.5 days (Figure 3). In 2012, the Male 1.9 prevalence of current electronic cigarette use was higher among White* 1,7 male students than female students. The prevalence of this behavior Black* 1.0 was significantly higher among Hispanic I 2.2 non-Hispanic white and Hispanic 6th Grade 1.0 students than among non-Hispanic black students. The prevalence of 7th Grade 1.5 % this behavior increased with each 8th Grade 2.1 increasing grade, from sixth to 0 1 2 3 eighth. *Non-Hispanic Figure 4. High School Current Electronic Cigarette High School Use Overall, 3.5% of high school All 1 3.5 students used an electronic cigarette at least once during the past 30 Female 111111111111111.1111111 2,4 days (Figure 4). In 2012, the Male 4.5 prevalence of current electronic cigarette use was higher among White* 4.1 male students than female students. Black* 1.5 The prevalence of this behavior Hispanic 1 4.0 was significantly higher among non-Hispanic white and Hispanic 9th Grade 2.7 students than among non-Hispanic 10th Grade 3.0 black students. The prevalence of 11th Grade 3.4 this behavior increased from ninth to 12th Grade 4.0 % twelfth grade. 0 1 2 3 4 5 *Non-Hispanic $ For more information about the FYTS, please contact the Chronic Disease Epidemiology, Surveillance, 1 and Evaluation Section, at(850) 245-4401, or by e-mail at ChronicDisease @doh.state.fl.us. You can also visit our website at http://www.FloridaChronicDisease.org. • 2013 Florida Youth Tobacco Survey: Fact Sheet 4 Youth Specialty Tobacco Use Tobacco Free HEALTH Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2013 to 6,440 middle school stu- dents and 6,175 high school students in 172 public schools throughout the state. The overall survey response rate for middle schools was 83%, and the overall survey response rate for high schools was 75%. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. Hookah. Specialty Tobacco. Snus. and Electronic Cigarettes A hookah is a single-stemmed or multi-stemmed water pipe used for smoking tobacco (Figure 1). In 2013, 4.0% of middle school students and 16.7% of high school students had ever tried smoking hookah and 2.0% of middle school students and 8.2% of high school students had smoked hookah on one or more occasions dur- ing the past 30 days (current hookah use). "Specialty tobacco" includes bidis (small brown cigarettes from India consisting of tobacco wrapped in a leaf and tied with a thread), kreteks(cigarettes that contain tobacco and clove extract), and pipe tobacco(plain or flavored). In 2013, 2.5% of middle school students and 5.9% of high school students had ever tried a form of specialty tobacco and 1.4% of middle school students and 2.9% of high school students had smoked a spe- cialty tobacco product on one or more occasions during the past 30 days (current specialty tobacco use). Snus is a small pouch containing a smoke-free and spit-free form of tobacco. In 2013, 1.4% of middle school students and 4.1% of high school students had ever tried snus and 0.8% of middle school students and 2.5% , of high school students had used snus on one or more occasions during the past 30 days (current snus use). An electronic cigarette (e-cigarette) is a battery-operated device that looks, feels, and tastes like a tobacco cigarette. In 2013, 4.3% of middle school students and 12.1% of high school students had ever tried a-ciga- rettes and 1.8% of middle school students and 5.4% of high school students had used e-cigarettes on one or more occasions during the past 30 days (current e-cigarette use). Figure 1. Specialty Tobacco Use 20 16.7 15 12.1 4 , 10 4 Si L 2 CD" d 5.9 t ` 4 5 4.0 4.3 � r 4.1 : .0 25.1.4 1.40.8 8 z .9 "�: .5 z Hookah Specialty Snus E-Cigarette Hookah Specialty Snus E-Cigarette Middle School High School Ever Used •Current Use S a , 2013 FYTS Fact Sheet 4: Youth Specialty Tobacco Use Page 2 Hookah Harm Figure 2.Perceived Harm of Hookah Figure 3.Perceived Harm of Hookah Compared to Cigarettes Among Compared to Cigarettes Among High In 2013, 21.1% of middle school Middle School Students School Students students (Figure 2) and 42.1% of high school students (Figure 3) said ill , that, compared to cigarette smok- ing, water pipe/hookah smoking is less harmful. High school students , III were more likely than middle school students to perceive hookah as less harmful than cigarettes. Equally or More Harmful 0Less Harmful ■Equally or More Harmful ' Flavored Tobacco Use ❑Less Harmful ■Equ_. Flavored tobacco is tobacco that has been made to taste like other flavors, such as chocolate, candy, or fruit flavors (Figure 4). In 2013, 3.9% of middle school students and 9.9% of high school students had tried flavored cigarettes, and 1.8% of middle school students and 4.3% of high school students had smoked flavored cigarettes at least once during the past 30 days (current flavored cigarette use). In 2013, 4.3% of middle school students and 14.8% of high school students had tried a flavored cigar and 2.1% of middle school students and 6.4% of high school students had smoked a flavored cigar at least once during the past 30 days (current flavored cigar use). In 2013, 2.1% of middle school students and 7.0% of high school students had tried flavored smokeless to- bacco and 1.1% of middle school students and 3.9% of high school students had used it in the past 30 days (current flavored smokeless tobacco use). Figure 4. Flavored Tobacco Use 25 20 • 15 14.8 m a cu 10 9.9 r. 7.0 6.4 5 3.9 4.3 _4,44:-::'4.3 3.9 1.8 2.1 2.1 g.,Cigarettes Cigars Smokeless Cigarettes C::::::::: gars Smokeless Middle School High School Ever Use •Current Use i �. For more information about the FYTS, please contact the Chronic Disease Epidemiology, Surveillance, and Evaluation Section, at (850) 245-4401, or by e-mail at ChronicDisease @doh.state.fl.us. You can also visit our website at http://www.FloridaChronicDisease.org. 'I 1_ ECigarette SPECIAL POINTS OF INTEREST: • The Food and Drug Administration(FDA) has NOT approved e- M A Y , 2 0 1 3 cigarettes as smoking cessation devices. • That you see What are E-Cigarettes? is not harmless "water vapor"! Test results e-cigarettes found them to con- "E-cigarettes"—or electronic cigarettes— conventional cigarettes and U.S. Food and tain nitrosamines(a known carcinogen), are devices that allow users to mimic the Drug Administration (FDA)-approved nico- diethylene glycol ritual of smoking a cigarette while inhal- tine replacement therapy (NRT) products.4 (found in anti-freeze), ing nicotine. Many glow at the end when Several e-cigarette marketers have adver- as well as other toxic chemicals. activated as real cigarettes do.1 Instead of tised their products as smoking cessation smoke from burning tobacco, users inhale tools,'despite the fact that no evidence • The e-cigarette cartridges of liquid vapor containing nicotine (with the excep- exists that they are effective cessation solution have been lion of versions which claim to be free of aids.6 found to contain up nicotine), flavor additives, and other to 18mg or more of nicotine;a lethal dose chemicals.' When users inhale from the E-cigarettes are sold over the internet, in of nicotine when end of an e-cigarette, a battery-operated specialized mall kiosks, and by some to- ingested is just 10 mg vaporizer heats a liquid solution into a va- bacco retailers. According to news re- for children,making the refill cartridges a por.3 ports, an e-cigarette costs approximately potential cause of $60, including the e-cigarette, a charger, poisoning. The FDA has not approved e-cigarettes as and a liquid cartridge.' Refills of the liquid •A Federal Court has smoking cessation devices. E-cigarettes do cost$7-$10 for a 10-millimeter bottle.' granted the FDA the not include any health warnings, unlike right to regulate e- cigarettes under the Family Smoking Pre- vention and Tobacco Control Act of 2009. E-cigarette Components Sensor detects use and a(:t{Yi1I'.rill(:r..i]r(7c:4'SSLII P,11Cr0proLess+)r At(r1""r'!Z9r . .1t'114!1!;(1 LED intIicates wh'n ".r,ritrca,,atomizer 'aporizer is in use and I ED (1411r vi je ha<ds beano; Eiatt pry f.tnulhlilecp f:dief:t5 and delivet5':.3)lur M "obacco 1 010111 Network f AlTrf Components of the E-Cigar etie PAGE 2 How safe are e-cigarettes? The risks posed by e-cigarettes are simply tine when ingested is 30-60 mg for adults unknown. The FDA, in 2009, released a and just 10 mg for children. Nicotine over study on e-cigarettes.9 The FDA's Division doses are a serious concern due to the of Pharmaceutical Analysis investigated high concentration of nicotine in the e- , the components of a small sample of car- cigarette solutions and the lack of protec- tridges from two e-cigarette brands.10 five packaging on the bottles and cartridg- Test results of the sample of cartridges es to prevent accidental ingestion.15 '` found them to contain nitrosamines (a known carcinogen), as well as other toxic The FDA recommends that people seeking chemicals including diethylene glycol, to quit smoking should use FDA-approved g 9 which is found in anti-freeze.' Impurities smoking cessation aids including nicotine found in tobacco which are suspected of gum and nicotine patches.16 There is in- causing adverse health effects were also sufficient evidence to support e-cigarette detected, including anabasine, myosmine, use as a cessation device.' Additional Resources: and 13-nicotyrine.12 The FDA, the Centers for Disease Control Tobacco Control Legal Nicotine levels in e-cigarette cartridges and Prevention, and the American Acade- Consortium:Guide to regulating e-cigarettes and are also of significant concern to health my of Pediatrics have all voiced their con- links to other state laws. experts. The e-cigarette cartridges of liq- cern that electronic cigarettes could lead [http:// uid solution have been found to contain to an increase in nicotine addiction and www.pu blichealthlawcenter .org/sites/default/files/ up to 18mg or more of nicotine.13 Addi- youth tobacco use.18 Of particular concern resources/tcic-guide- tionally,bottles of solution sold to refill the is that e-cigarette cartridges are sold by regu latingecigs-2010.pdf] cartridges vary considerably in nicotine some vendors in fruit and candy flavors U.S.Food and Drug content. Some refill bottles contained con- that appeal to youth and that laws prohib- Administration:Information centrations of nicotine as high as 500 to iting the sale of cigarettes to minors may about the FDA's enforcement actions against over 1000 mg of nicotine per 1 ounce not be written broadly enough to cover e- e-cigarette manufacturers bottle of solution.14 A lethal dose of nico- cigarettes.' and its analysis of the health risks posed by e-cigarettes. [http://www.fda.gov/ NewsEvents/ What is the legal status of e-cigarettes? PublicHealthFocus/ ucm172906.htm] The FDA will regulate e-cigarettes under FDA from regulating e-cigarettes as a drug Americans for Nonsmokers' its authority to regulate other tobacco delivery device and from stopping the im- Rights:Fact sheet on e- cigarettes and links to recent products. The FDA has in the past de- portation of e-cigarettes into the U.S. news articles.[http:// tained or blocked incoming shipments of while the case is ongoing21The e-cigarette www.no-smoke.org/ learnmore.php?id=645] e-cigarettes from overseas manufactur- distributors argued that because their ers on the basis that e-cigarettes are un- products use nicotine derived from tobac- Policy Guidance Document approved drug delivery devices that co, e-cigarettes should be regulated as on E-Cigarettes(ACSCAN, must p ass through the FDA's New Dru g "tobacco products," subject to much more AHA,ALA,CFTFK):Joint statement of health Application (NDA) process before they limited restrictions that do not require pre organizations supporting can legally be sold.20 Two e-cigarette im- -approval by the FDA. The United States legislation to prohibit the sale of e-cigarettes without porters and distributers, Smoking Every- District Court for the District of Columbia FDA approval. where, Inc. and Sottera, Inc., brought a granted the preliminary injunction. This lawsuit against the FDA and sought a ruling was affirmed by the United States preliminary injunction to prevent the Court of Appeals for the District of Colum- E • C I G A R E T T E F A C T S H E E T PAGE 3 Legal Status of F-Cigarettes, cont. bia Circuit in December 2010.22 In April of Smoking Everywhere, Inc.25 Both co m pa- \. 2011, the FDA decided it will not seek fur- nies agreed to settlements barring them ther review of this decision, but rather will from selling e-cigarettes in the state, at regulate &cigarettes as tobacco products least until local and national standards under the Family Smoking Prevention and on &cigarettes are established. Smoking Tobacco Control Act in accordance with Everywhere and its CEO also agreed to the court's opinion.23 pay the state $120,000 after admitting In September 2009, the FDA announced violations of state law. that it will continue to bring enforcement actions against e-cigarette companies that • In 2010, former California Attorney make unsubstantiated health claims about General Jerry Brown's office reached a their products.24 settlement with Sottera, Inc. for $85,000 in damages and an agreement to end E-cigarette sales are also subject to state sales and marketing to minors,discontin- law. Various state attorneys general have ue sales of flavored cartridges, and stop brought lawsuits alleging that e-cigarette marketing e-cigarettes as cessation deg„ distributors have violated state law by sell- vices unless approved by the FDA.26 So- ing to minors or making unsubstantiated terra, Inc. also agreed to stop making health claims. For example: claims that e-cigarettes are safer than cigarettes until reliable scientific evi- • Oregon's attorney general has brought dence to support such a claim is availa- lawsuits against both Soterra, Inc. and ble. What Can State and Local Governments Do? Regulate Marketing secondhand health effects on bystanders As suggested above, state have not been established. In addition, attorneys general can take prohibiting e-cigarette use in public places • action to ensure that e- would help to avoid the confusion that cigarette marketing is not might ensue if e-cigarette use leads other targeting youth or making smokers to believe that cigarette smoking unsubstantiated marketing is permitted.This in turn would strengthen claims. the message of such laws that smoking and tobacco use in public places is not so- Strengthen Smoke-Free Laws cially acceptable. Does this really State and local laws prohibiting smoking appear to be in public places may include definitions Strengthen Youth Access Laws harm less water of "smoking" that do not include e- Similarly, the definitions in youth access vapor? cigarette smoking (also referred to as laws may not be written specifically "vaping"). It may be prudent to expand enough to prohibit e-cigarette sales to mi- the definitions of smoke-free laws to nors. E-cigarette sales to minors could lead cover e-cigarette use. As with the health to lifelong nicotine dependence and effects of e-cigarettes on the users, the should be prohibited. E -C I G A R E T T E F A C T S H E E T References 1 See Memorandum from B.J.Westenberger,Deputy Director,Ctr.For Drug Evaluation and Research,Div.of Pharm.Analysis,to Michael Levy,Supervisory Regulatory Coun- ION sel,Ctr.For Drug Evaluation and Research(May 4,2009),available at http:// www.fda.gov/downloads/Drugs/Science Research/UCM173250.pdf[hereinafter West- enberger Memo]. 2 U.S.Food and Drug Admin.,FDA Warns of Health Risks Posed by E-Cigarettes(2009), available at http://www.fda.gov/downloads/ForConsumers/ConsumerUpdates/ UCM173430.pdf[hereinafter FDA Consumer Update]. 3 Westenberger Memo,supra note 1,at 1. 4 FDA Consumer Update,supra note 2,at 2. 5 U.S.Food and Drug Admin.,FDA Acts Against 5 Electronic Cigarette Distributors(Sept. 9,2010),available at http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm225224.htm. 6 World Health Organization,Marketers of Electronic Cigarettes Should Halt Unproven Therapy Claims(Sept.19, 2008)available at http://www.who.int/mediacentre/news/releases/2008/pr34/en/. For more information Misha Davenport,Electronic Cigarettes in Legal Limbo,CHICAGO SUN-TIMES,Feb.1,2011,http:// on the Food and Drug www.suntimes.com/lifestyles/3490015-423/cigarette-cigarettes-smoking-traditional-tobacco.html. Administration of Id. e-cigarettes under the 9 Westenberger Memo,supra note 1. Family Smoking 10 FDA Consumer Update,supra note 2,at 2. Prevention and u U.S.Food and Drug Admin.,Summary of Results:Laboratory Analysis of Electronic Ggarettes Conducted by FDA, Tobacco Control Act, Public Health Focus,FDA.GOV(July 22,2009),http://www.fda.gov/NewEvents/PublicHealthFocus/ visit: ucm173146.htm. 12 Id. 13 Westenberger Memo,supra note 1,at 3-4. http://www.fda.gov/ 14 Indiana Tobacco Prevention and Cessation,Electronic Cigarettes Fact Sheet(2009),available at http:// ForConsumers/ www.in.gov/itpc/files/ECigarettes.pdf. ConsumerUpdates/ 15 American Cancer Society Cancer Action Network,E-Cigarettes Fact Sheet(2010),available at http:// ucm225210.htm www.acscan.org/content/wp-content/uploads/2010/10/e-cigarette.pdf. 16 U.S.Food and Drug Admin.,E-Cigarettes:Questions and Answers,Consumer Updates,FDA.GOV(Sept. 9,2010),http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm225210.htm. 12 Compare Thomas Eisenberg,Electronic Nicotine Delivery Devices:Ineffective Nicotine Delivery and Craving Suppression After Acute Administration,19 TOBACCO CONTROL 87(2010)with C.Bullen et al., Effect of an Electronic Nicotine Delivery Device(E Cigarette)on Desire to Smoke and Withdrawal,User Preferences and Nicotine Delivery:Randomised Cross-Over Trial,19 TOBACCO CONTROL 98(2010).Cf. C.O.Cobb et al.,Evaluating the Acute Effects of Oral,Non-Combustible Potential Reduced Exposure Products Marketed to Smokers,19 TOBACCO CONTROL 367(2010). 18 U.S.Food and Drug Admin.,FDA and Public Health Experts Warn About Electronic Cigarettes(July 22, 2009),available at http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ ucm173222.htm. 19 FDA Consumer Update,supra note 2,at 2. 'Smoking Everywhere,Inc.v.U.S.Food and Drug Admin.,680 F.Supp.2d 62,63(D.D.C.2010),aff'd, Sottera,Inc.v.U.S.Food and Drug Admin.,627 F.3d 891(D.C.Cir.2010). 21 Id. 22 Sottera,Inc.v.U.S.Food and Drug Admin.,627 F.3d 891(D.C.Cir.2010). n p'Ip t 23 Letter from Lawrence R.Deyton,Director,Center for Tobacco Products,U.S.Food and Drug Admin., Obacco I Heap to Stakeholders(April 25,2011),available at http://www.fda.gov/NewsEvents/PublicHealthFocus/ network ucm252360.htm(last visited May 18,2011). U 24 U.S.Food and Drug Admin.,Electronic Cigarettes,Public Health Focus,FDA.GOV(Sept.13,2010), http//www.fda.gov/NewsEvents/PublicHealth Focus/ucm172906.htm. 2603 NW 13th Street 25 Oregon Dep't of Justice,Oregon Attorney General John Kroger Stops Sale of Unapproved Electronic #250 Cigarettes(Aug.18,2009),available at http://www.doj.state.or.us/releases/2009/re1081809.shtml. Gainesville, FL 32607 26 California Dep't of Justice,Brown Announces Electronic Cigarette Marker's Agreement to Stop Decep- tive Marketing and Sales to Minors(Aug.3,2010),available at http://oag.ca.gov/news/press_release? Phone/Fax:877-762-6222 id=1965. 27 A.01468,2011-2012 Sess.(N.Y.2011),available at http://assembly.state.ny.us/leg/? E-mail: info @tpnf.net bn=A01468&term=2011;5.00695,2011-2012 Sess.(N.Y.2011),available at http:// assembly.state.ny.us/leg/?bn=S00695&term=2011. WWW.TPNF.NET 28 SUFFOLK CNTY.,N.Y.,LOCAL LAW NO.29-209(2009)("A Local Law Banning the Sale of E-Cigarettes to Persons Under the Age of 19"),available at http://legis.suffolkcountyny.gov/Resos2009/i1347-09.pdf. E - CIGARETTE FACT SHEET TC a SCRIPPS TREASURE COAST.NEWSPAPERS (C Sunday,Novemberl0,2013((3D THE WALL STREET JOURNAL SUNDAY, . itr tl � a rettes Wont ThIF ' 6u -. . . zation hdoesn't a bwant n nt otnhse m boek st .m.'_„ .,, _T o tart uing the product. way to quit smoking ¢ v u r i ' The'cigarettes,of the future E-cigarettes arent approved could be'Safer;cheapei'_and lets 22'by the Food and'Drug Adminis ssarion. taboo than the,smokes of;the trationas a smolnng � �,,�?• u �`•-� past.But they'also.threaten to, product,but users and advo- v` ,r ��}`�` {;"' ` ' �F,� ��i f#4°" ' i ifir a�t� .a,� .cam f i upend decades iof antismoking sates say that's.one of the de- ,ts F� y efforts.:. vices bigges t selling Points.A S � ` rr,*� ,, er'smok ,. , .. ,. ,. J,..„ - `i ...Gallup`survey.of form ,,�. ,: �..,..s ��_ -„ .,,,..,-2'- .: .:. r'..." , .,i.‘,.22"...'„, '�. i We're Bfg Tobacco in dis- era m July found:that 3%tied I r x,,, } s 11 f f ,',.,;:',..f—,;;;„" a, tr' " #s4�S,t` guise. ited electronic cigarettes with ` x r=r. 4 ix t,: "F • t Then electronic cigarettes helping them quit,..,-comp ared 0" , $� „rlr."rt . made thew debut:m the U.S.. with 2%Who cited prescription . aske» S 4 about.five year's ago''they drugs and 1%who used nicotine ; 1 �m d iy.,., ti u�3�, �'� u ;/ seemed:l ke a threat to the tra gum. 7 ' r v • !`' y§ y�� 'ditional;cigarett ; dustry., Still, health.experts worry � „ h i i( , sa�jx , iii The battery-powered devices that smokers will just switch to + � � t+s t ',t ,�. r r< �;.; l which turn mcotine lacedlirmid 6-cigarettes,or usethem adds r� +r'� ''r .1'....-`i, , f."—'27P.,',..',..1-' a i`< ' ,. _.� ;'E' r` _ t1,1:11' F into vapor prgmised a,le s .pohally instead of quitting cold r . ; ,� e r It a jr tf '/i BAR harmful and more`socially,ac turkey, r°;" 'A-..c`,..;`.'''2.',"2",' ,2 '' M' , r 1 ';,':14.:'.1':4 ceptabie alternative'to comliush , } , I f ble paper and tarl.;e3gattttes "Were advertising like IYs I 4 i' � 1 r and they were cheaper ¢,cheats 111960—while we still can."• i ,'rte- ', ` ' �"4� `,„4„...� r4 .___ ' i� f ,' 1.4-.„:„..:. subjectto hefty tobacco taxes. you wont see a Surgeon ,1 � F ,� Already the underdog indus General's warning on a-cis 4::,,,..,....i:.. t .r �� try is on trackto lit nearly,$2 -paf$ages.,And you will see them �` k �,,_ r ,t;',1,.'., �� �� x.1• illion in sales for;2013,tripling advertised on TV from which ? k :.. , its 2012 figures says Wells ads-for"traditional cigarettes r;;y ° .c4h' ;.,' t Fargo'tobacco analyst Bonnie 'have been banned since 1971. `, ,. l s` Herzog.And alth ough the mar- And you'll see;them promoted ,7 * ' ,.'' y ,ii-r' a , ,fi A i g '3 ket for:traditione�'cigarettes-rs by'celebrities-another no-no F, t i .' V. " .,,�( r �' still far bigger-topping'$80'„,'fqr cigarette marketers. r. # '� r rri5�� ��` billion-Ms Herzog predicts indeed,there,are now an.es gf°n °"" that a-cigarettes could surpass timated 250 brands of a-ciga old-fashioned smokes in popu rettes sold in stores and online, therapeutic,the industry would• 90ds Jove us feet'from the-entrance of res cigarettes•o• n'planes.' anes'The De- lac' .ivi a dedad and virtually no federal regula have togo,through years of tn- .. If. there's:one flung that tauranite bars an-• veri of oOr Pda�nent of T"�pot a-cigs lty igi' F 'alt and FDA approval as a drug the a cigarette industry and the space like parks andxbea: es ' oesn t explicitly Prohib.. Menge. To bag Tree Altsia ,'The them iseue new rides challenge TheBig`Three-=-Altria The FDA plans to issue new. or drug delivery device,effec- public health community agree e-Cigoarette mokersha�ernoved P o'lub ti�'ng them by trgd-014- Group Reynolds:American and rules;soon,however,and state livelytak rig e-cigs Off the Mar- on,.it's that e=Cigarettes aren-t ind Lorillard—have all made forays lawmakers have tried impro- ket entirely,Mt:Criss says. for other hand,seem to disagree.na poi that is less hick a stand :fitly banned thlines have'explic- into e-cigarettes in the past two vise a few of their own.E-ciga- The lack of categorization oth t years. 'rette industry representatives, •probably won't last Much'Ion- The proportion of middle odorous than-smoke,and'doh E lolnts and a crack- for:their part say they are just ger,however.The FD,A is ex and high-school kids who=have involve Haines or smold�aeezring 10" 'We can't promise this i. as eager for regulation,"espe- petted to issue long-awaited t,- used e7% ore tes d ubled to `°butts argely been tolerated',df' -The season are n prermere of Sat - 1 won't kill you" cially>to keep electronic ciga- riles regulating'e-cigs as a y Criss says.. ' s ude ts, between a 2e 2011 r and not fully Welcomed in places urday Night Live in September Antismoking advocates and rettes out of the hands of chit- basso product this fall. ; students, between 20ll and .not re smoking is banned m included a mock commercial.for publi c-health officials at the ,dren,"Mr. ., Y . Centers for Disease Control and G We're cheaper than ciga- port by the CDC. C cludnig workplaces. e-meth," devices like eaciga- Prevention alike concede that e- "We defy'categorization." 6 rettes because we aren't What's more,"there's a Sub- Some policy makers have re rettes supposedly containing The e-cigarette industry taxed like dgarettes." stantial concern that e-ciga-. cently stomped out e-cigarettes, the illegal drug crystal meth. cigarettes have!,fewer toxins, a 1 ' smoke-free laws to'e- The spoof was funny'because it than regular cigarettes and says'it welcomes regulation,but E cigazettes';biggest advan- rettes will serve as a gateway, pp Ping, none of the tar. ' it's also shown some ambIva- cage over traditional cigarettes. product to nicotine addiction .rigs,too.The.University of Cali- seemed outrageous,but a-ciga- But that's no.guarantee'e- lenses On the'one-hand, it is their price,market analysts for a new generation of young forma, where researchers"re- rette experts say that using the cigs won't give you cancer or doesn't want to be grouped say.Regular cigarettes carry ex- people,"says Michael Fiore,a cently found that"many bf the devices to vaporize illegal drugs kill you the way tobacco-burn- with cigarettes, not only be- cise taxes of up to about 50%of. physician and director of the elements"in e cig vapor"are isn't so for -fetched. trig cigarettes are known to do. cause it has staked its success the retail price;e-cigarettes,for University of Wisconsin's Cen- known to cause respiratory dis- Some use rs say e-cigarettes The e-cigarette industry will on being an alternative to those the most part,are subject only ter,for Tobacco Research and tress and a d d e its char bbanned form of marijuana,and a li ore go.only so far as to say the products, but because being to sales tax,says Ms.Herzog. Intervention. g cites reports that e-cigs could products are "less harmful" lumped in with them would put Regulation,however,and Sc- _and back into aircraft" be used to consume crack co- than traditional smokes: "It's restrictions on who can buy e- companying taxes are likely to Q"We're bringing smoking 9" Lately,airlines have had brine."It sure concerns ac that better than a cigarette,"says rigs and how they're advertised. increase prices.Ms.Herzog pre- V back Indoors.?•Eric Criss,rpresode"iitr„Af the ,eet On On`other it product shelved. dicta xed 5%next yeaze10%by 2015 been pushed smokers have .to out buththeir own ttligh tatte dents li er illegal substan es psrticii- .. _ r__ ...,.i,,,,"—o. "vaniee"—e- larly to'young people,"he says.