Item 39 - Ordinance Prohibiting the Sale of Flavored Tobacco Products

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Flavored Tobacco Products Are Pervasive A 2009 federal law, the Family Smoking Prevention and Tobacco Control Act, prohibited the sale of cigarettes with characterizing flavors other than menthol or tobacco, including candy and fruit flavors. While overall cigarette sales have been declining since the 2009 law, the proportion of smokers using menthol cigarettes (the only remaining flavored cigarette) has been increasing.' Menthol cigarettes comprised 37 percent of the market in 2019.4 The Tobacco Control Act's prohibition on characterizing flavors did not apply to other tobacco products, and as a result, tobacco companies have significantly stepped up the introduction and marketing of flavored non-cigarette tobacco products. In fact, the overall market for flavored tobacco products is actually growing. In recent years, there has been an explosion of sweet-flavored tobacco products, especially e-cigarettes and cigars. These products are available in a wide assortment of flavors— like mango, blue razz, pink punch and mint for e-cigarettes and chocolate, watermelon, and cherry dynamite for cigars. Tobacco companies are making and marketing deadly and addictive products that look and taste like a new line of flavors from a Ben and Jerry's ice cream store. Flavors are not just a critical part of the product design, but are a key marketing ploy for the industry. The 2016 Surgeon General Report on JUUU e-cigarettes concluded, "E-cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco wwww 3100 MMG I products to youth and young adults."'The 2019 National Youth w°P IM This protluct contains `rreen9cerm. Tobacco Survey found that 69.3°/ of middle and high schoolO aaiuecnemi°ai. 8 students—over 18.2 million youth—had been exposed to e-cigarette advertisements from at least one source.6 Sales of cigars (i.e., large cigars, cigarillos, and small cigars) have more than doubled between 2000 and 2019, and much of the growth is attributable ZfIGARS to smaller types of cigars, many of which are flavored and inexpensive.'Ahl. o,o The number of unique cigar flavor names more than doubled from 2008 to 2015, from 108 to 250.1 The top five most popular cigar brands among 12- SAVE-2 CHERRYDYNAMITto17-year olds who have used cigars—Black & Mild, Swisher Sweets, White Owl, Backwoods, and Dutch Masters—all come in flavor varieties.9 These products are often sold singly or can be priced as low as 3 or 4 for 99 cents, making them even more appealing to price-sensitive youth. Note that cigar smoke is composed of the same toxic and carcinogenic constituents found in cigarette smoke. 10