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Flavored Tobacco
<br />March 1, 2022
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<br />research suggests that flavors may make these products more enticing to youth and
<br />young adults. The FDA asserts that flavored tobacco products are disproportionately
<br />popular among youth—and that removing flavors from tobacco products will help protect
<br />people from becoming addicted to them.
<br />Ordinance Prohibiting the Sale of Flavored Tobacco Products
<br />Staff has prepared the following options for City Council consideration regarding flavored
<br />tobacco products:
<br />Option 1: Adopt urgency ordinance banning the sale of flavored tobacco products
<br />and choose whether to use the SB 793 definition of tobacco product or the Public
<br />Health Law Center and American Lung Association California definition of tobacco
<br />product.
<br />Option 1 is adoption of an urgency ordinance banning the sale of all flavored tobacco
<br />products, including hookah, in the City of Santa Ana. The City Council has the choice of
<br />utilizing either definition A of “tobacco product” from SB 793 but including hookah
<br />1(currently stayed) or definition B of “tobacco product” from the Public Health Law Center
<br />and American Lung Association California. The definitions are as follows:
<br />Definition A (SB 793):
<br />“Tobacco product" means any of the following: (1) a product containing, made or derived
<br />from tobacco or nicotine that is intended for human consumption, whether smoked,
<br />heated or chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other
<br />means, including but not limited to, cigarettes, cigars, little cigars, hookah tobacco,
<br />chewing tobacco, pipe tobacco or snuff; (2) an electronic device that delivers nicotine or
<br />other vaporized liquids to the person inhaling from the device, including but not limited to,
<br />an electronic cigarette, cigar, pipe or hookah; (3) any component, part or accessory of a
<br />tobacco product whether or not sold separately. “Tobacco product” does not include a
<br />nicotine replacement product approved by the US Food and Drug Administration.
<br />Definition B (Public Health Law Center and American Lung Association California):
<br />“Tobacco product" means: (1) any product that is made from tobacco, or that contains
<br />nicotine, that is intended for human consumption or is likely to be consumed, whether
<br />inhaled, absorbed, or ingested by any other means, including but not limited to, a
<br />cigarette, a cigar, pipe tobacco, chewing tobacco, hookah tobacco, snuff, or snus.
<br />Electronic smoking device and any substances that may be aerosolized or vaporized by
<br />such device, whether or not the substance contains nicotine; or (3) any component, part,
<br />or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
<br />including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
<br />mouthpieces, and pipes.
<br />1 For clarity, SB 793 contains an exemption for hookah.
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