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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
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Hudson Kingston, JD, LLMPublic Health Law Center
Megan Kenney, MPH, CHESSanta Barbara County Public Health Department
THE PUBLIC HEALTH LAW CENTER
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7
Image credit: Sam Bradd https://drawingchange.com/gathering-wisdom-visuals-for-a-healthy-future/
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LEGAL TECHNICAL ASSISTANCE
8
Legal Research
Policy Development, Implementation, Defense
Publications
Trainings
Direct Representation
Lobby
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AGENDA FLAVOR RESTRICTIONS AND LICENSING
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• 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)
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YOUTH E-CIGARETTE EPIDEMIC (2019)
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YOUTH E-CIGARETTE FLAVOR PREFERENCE
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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
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MENTHOL CIGARETTESPERSISTENT PROBLEM
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FDA’S OWN RESEARCH ON MENTHOL2011 REPORT
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• 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
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• 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
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• 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
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Considerations:
• Which flavors?
• Which products?
• Exemptions?
• Best public health practice: All flavors, all products, no exemptions
TOBACCO RETAILER LICENSING
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• Rules for applying and renewing, including fees
• Helps assure compliance
• Streamlines enforcement
• Excellent “vehicle” for point of sale policies
TOBACCO RETAILER LICENSINGPOLICY OPTIONS
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• Updated resource:
MINIMUM PACK/PRICE
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“Young people are very price-sensitive.”
Marketing Report for R.J. Reynolds, 1982
MINIMUM PRICEDISCOUNTS = MARKETING
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• 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
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MINIMUM PACK/PRICEPOLICY OPTIONS
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• 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
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WHERE STORES ARE LOCATED
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• Near other retailers?
• In residential areas or near
youth-oriented facilities?
PROXIMITY
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• 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
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Restrictions on:
• Pharmacies
• Adult-only/tobacco-only stores*
• Mobile “stores”
• Online/delivery sales
• Curbside pickup
DENSITY AND LICENSE CAPSPOLICY OPTIONS
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• Density:
– By zone/distance
– By population
• Number of retailers:
– Cap licenses
– Cap and reduce
CONTACT US
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651.290.7506
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
