How to use this template - Public Health Law...How to use this template Author HBK Created Date...

RIDING THE VAPE TRAIN: PAIRING COMPREHENSIVE TRL WITH FLAVORED TOBACCO BANS

WHO WE ARE

38/25/2020

Law and Policy Partnership to End the Commercial Tobacco Epidemic

The Law and Policy Partnership to End the Commercial Tobacco Epidemic (the

Partnership) is a joint initiative of the American Lung Association and the Public Health

Law Center to support tobacco control professionals in their work to end the commercial

tobacco epidemic in California.

The Partnership provides free technical assistance, research, training, and analysis to

help communities pass strong local tobacco ordinances that are both effective and

legally sound.

PRESENTERS

48/25/2020

Hudson Kingston, JD, LLMPublic Health Law Center

Megan Kenney, MPH, CHESSanta Barbara County Public Health Department

THE PUBLIC HEALTH LAW CENTER

58/25/2020

68/25/2020

7

Image credit: Sam Bradd https://drawingchange.com/gathering-wisdom-visuals-for-a-healthy-future/

8/25/2020

LEGAL TECHNICAL ASSISTANCE

8

Legal Research

Policy Development, Implementation, Defense

Publications

Trainings

Direct Representation

Lobby

8/25/2020

AGENDA FLAVOR RESTRICTIONS AND LICENSING

98/25/2020

• Flavor restrictions

• Tobacco Retail Licensing (TRL)

• Minimum pack/price

• Coupons and discounts policies

• Limits on distance/who can be licensed

YOUTH E-CIGARETTE EPIDEMIC (2011 – 2018)

108/25/2020

YOUTH E-CIGARETTE EPIDEMIC (2019)

118/25/2020

YOUTH E-CIGARETTE FLAVOR PREFERENCE

128/25/2020

0%

10%

20%

30%

40%

50%

60%

70%

80%

2017 2018 2019

High School E-Cigarette Flavor Preference

Fruit Menthol or Mint Candy Alcoholic drink Chocolate Clove/spice Other flavor

FDA’S FAILURE TO ACT

138/25/2020

MENTHOL CIGARETTESPERSISTENT PROBLEM

148/25/2020

FDA’S OWN RESEARCH ON MENTHOL2011 REPORT

158/25/2020

• Tobacco Control Act required FDA to study menthol’s impact on health and whether to

ban it

• In 2011 Tobacco Product Scientific Advisory Committee found:

(1) menthol cigarettes have an adverse impact on public health in the United States; and

(2) menthol cigarettes offer no public health benefits, compared to non-menthol cigarettes.

Concluding: “Removal of menthol cigarettes from the marketplace would benefit public

health in the United States.”

FDA’S OWN RESEARCH ON MENTHOL2013 REPORT

168/25/2020

• In 2013 FDA internal report on menthol:

– menthol plays a key role in youth and young adult smoking initiation,

– mentholated tobacco use is associated with a deeper level of addiction, and

– these factors point to a greater overall health risk when compared to non-menthol cigarettes

FDA’S CONTINUED INACTION

178/25/2020

• In both 2013 and 2018 FDA

announced rulemaking on

menthol, but never got past

the initial step.

• Then, in July 2020…

FLAVORED PRODUCT RESTRICTIONPOLICY OPTIONS

188/25/2020

Considerations:

• Which flavors?

• Which products?

• Exemptions?

• Best public health practice: All flavors, all products, no exemptions

TOBACCO RETAILER LICENSING

198/25/2020

• Rules for applying and renewing, including fees

• Helps assure compliance

• Streamlines enforcement

• Excellent “vehicle” for point of sale policies

TOBACCO RETAILER LICENSINGPOLICY OPTIONS

208/25/2020

• Updated resource:

MINIMUM PACK/PRICE

218/25/2020

“Young people are very price-sensitive.”

Marketing Report for R.J. Reynolds, 1982

MINIMUM PRICEDISCOUNTS = MARKETING

228/25/2020

• More than 85% of all advertising and

promotional spending by the industry is

focused on reducing the price of tobacco

products at the point-of-sale

• Coupons - $248.8 million in 2013

• Price discounts - $7.6 billion in 2013

MINIMUM PACKINDUSTRY PRODUCT MANIPULATION

238/25/2020

MINIMUM PACK/PRICEPOLICY OPTIONS

248/25/2020

• Minimum pack size (e.g. little cigars, cigars, e-cigarettes…?)

• Minimum prices (e.g. pack of cigarettes, pack of little cigars, premium cigar)

• Paired with prohibiting:

– Coupons and discounts

– Free samples

– Value-added (e.g. multipack

discounts and freebies with

purchase)

TYPES OF RETAILER: PHARMACIES

258/25/2020

WHERE STORES ARE LOCATED

268/25/2020

• Near other retailers?

• In residential areas or near

youth-oriented facilities?

PROXIMITY

278/25/2020

• Proximity to:

– Residential areas

– Schools

– Playgrounds, parks and other places where kids gather

• Mostly accomplished through retailer licensing, occasionally zoning too

•

DISTANCE LIMITATIONS AND WHO CAN SELLPOLICY OPTIONS

288/25/2020

Restrictions on:

• Pharmacies

• Adult-only/tobacco-only stores*

• Mobile “stores”

• Online/delivery sales

• Curbside pickup

DENSITY AND LICENSE CAPSPOLICY OPTIONS

298/25/2020

• Density:

– By zone/distance

– By population

• Number of retailers:

– Cap licenses

– Cap and reduce

CONTACT US

308/25/2020

651.290.7506

publichealthlawcenter@mitchellhamline.edu

www.publichealthlawcenter.org/caltobacco

@phealthlawctr

facebook.com/publichealthlawcenter

Tobacco Prevention Program

Riding the Vape Train: Local Tobacco Policy Work

in Santa Barbara County

Megan Kenney, MPH, CHES, Health Educator

Shantal Hover-Jones, MPH, Program Coordinator

Juliza Ramirez, former Health Educator Associate

Celia Ramirez, Office Administrator

Youth Vaping Epidemic "I am officially declaring e-cigarette use among youth an epidemic in the United States.” - U.S. Surgeon General Dr. Jerome Adams

EVALI recognized by the CDC

National Youth Tobacco Survey data shows that 27.5% of high school students and 10.5% of middle school students report using e-cigarettes

December 2018

August 2019

November 2019

Community interest in youth smoking

Riding the Vape Train

1. Harness attention to the Youth Vaping Epidemic and EVALI2. Engage “anyone and everyone” possible3. Educate on tobacco control4. Forge lasting relationships and foster continued advocacy

1. Harness Attention to Vaping Epidemic & EVALI

Parents, educators, and physicians showed initial concern.

Bolster social media presence CEASE Parent Connect Facebook Page Recruit physicians to educate on health risks Invite physicians and educators to serve as Champions YOUTH

2. Engage Anyone and Everyone

Santa Barbara Promotores NetworkFighting Back Santa Maria Valley

• UCSB Alcohol and Drug Program• Pacific Pride Foundation• First 5 Santa Barbara• CADA• Future Leads of America• Physicians • Schools/Educators

3. EDUCATE

Provided tailored education on:1. Youth Vaping Epidemic and EVALI2. Tobacco Industry3. Tobacco control policy work 4. Flavor bans AND plug-in policiesCapacity Building:- Advocacy tools- MASC- Public Comment

Promotores

• Included in MASC meeting• Training on talking at public

policy meetings• Assistance with speech

writing • Public comment in Spanish

Photo taken from Lompoc Record

“A speaker wipes her eyes as a translator describes the struggles the woman’s son went through with a tobacco addiction Tuesday during the Santa Maria City Council Meeting.”

Pen to Paper

• Technical assistance to jurisdictions drafting tobacco policy

• Provided Public Health Law Center’s model ordinance

• City of Santa Maria: TRL and flavor ban• County of Santa Barbara: Flavor ban (existing TRL)

• More technical assistance…

City of Santa MariaTitle 13:• TRL

• Fee= $600 application, $480 annual renewal

• Flavor Ban (including menthol)• Minimum Pack & Price

• $7/pack of cigarettes• $5/pack of 5 cigarillos• $5/pack of 5 cigars

• No coupons/discounts/deals• No tobacco in pharmacies

Photos taken from Santa Maria Times, Santa Ynez Valley News, and Lompoc Record

Photos taken from Santa Maria Times, Santa Ynez Valley News, and Lompoc Record

“An overflow crowd stands in the aisle of the Santa Maria City Council chambers during a meeting Tuesday about a potential ban on the sale of flavored tobacco products within the city limits.”

County of Santa Barbara County Code Chapter 37A• Flavor Ban (including menthol)• Minimum Pack & Price

• $10/pack of cigarettes• $10/pack of 20 cigarillos• $30/pack of 6 cigars• $10/individual cigar

• No coupons/discounts/deals• No online sales*Existing TRL (Fee= $379)

Photos taken from Santa Maria Times

Riding the Vape Train

1. Harness attention to the Youth Vaping Epidemic and EVALI2. Engage “anyone and everyone” possible3. Educate on tobacco control4. Forge lasting relationships and foster continued advocacy

Implementation and Enforcement

• Implementation Plan• Phone Calls to retailers• Notice Letters• Product Pamphlet• Resources for Small

Businesses• In-person visits• Product Disposal Guidelines• On-going TA

Megan KenneyMegan.Kenney@sbcphd.org

Thank you!