SAN JOSE -- Hoping to curb the appeal of tobacco products that they consider candy-coated starter kits for future addicts, Santa Clara County supervisors gave more than a dozen retailers in areas outside city limits three months to clear their shelves of the cherry, chocolate and other flavored products popular among young smokers.
The ban is the first of its kind in the western United States according to county staff, who said they are following in the footsteps of New York City, Chicago and Providence, Rhode Island.
While federal law barred flavored cigarettes -- with the exception of menthol -- in 2009, it did not address other tobacco products such as cigars, cigarillos and chewing tobacco. Santa Clara County included the broader flavor restriction as part of a 2010 ordinance but delayed the enforcement of that component until further information was available from the FDA, or other jurisdictions took similar action.
Because the county board only governs unincorporated areas outside city limits, the ban will affect just 18 retailers. But advocates said it's still an important step.
Dan Peddycord, the county's public health director, said at this week's board of supervisors meeting that it's a simple matter of keeping kids away from harm.
HomeLifestylesHealthStory
Cherry and chocolate cigarillos no longer welcome at Santa Clara County retailers
By Eric Kurhi
ekurhi@mercurynews.com
Posted: 11/07/2014 09:11:03 AM PST
1 Comment
| Updated: about a year ago
SAN JOSE -- Hoping to curb the appeal of tobacco products that they consider candy-coated starter kits for future addicts, Santa Clara County supervisors gave more than a dozen retailers in areas outside city limits three months to clear their shelves of the cherry, chocolate and other flavored products popular among young smokers.
The ban is the first of its kind in the western United States according to county staff, who said they are following in the footsteps of New York City, Chicago and Providence, Rhode Island.
While federal law barred flavored cigarettes -- with the exception of menthol -- in 2009, it did not address other tobacco products such as cigars, cigarillos and chewing tobacco. Santa Clara County included the broader flavor restriction as part of a 2010 ordinance but delayed the enforcement of that component until further information was available from the FDA, or other jurisdictions took similar action.
Because the county board only governs unincorporated areas outside city limits, the ban will affect just 18 retailers. But advocates said it's still an important step.
Dan Peddycord, the county's public health director, said at this week's board of supervisors meeting that it's a simple matter of keeping kids away from harm.
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"Youth are very much attracted to flavored products," he said, "and the tobacco industry adds flavor to their products to both decrease the harshness of raw tobacco and presumably to increase the appeal of their product to their customers."
He added that 85 percent of tobacco users get started before adulthood.
"We think it's imperative to protect our youth from tobacco use and a lifetime of ailments related to tobacco use," Peddycord said.
Two businesses -- one a convenience market, the other a liquor store -- submitted letters to the board asking that they not go ahead with the ban.
"I don't sell to kids -- I never have," wrote Hung Nguyen, who runs a Bascom Avenue shop. "Why do you continue to punish small businesses like mine?"
The Cigar Association of America weighed in, expressing fears that ordinary cigars could be considered among the products banned because of proprietary blends that include fruit juices, nuts, herbs and spices.
However, county staff said the basis for determining whether a product is in violation will be more based on marketing, such as pictures of fruit on the packaging or advertising.
In addition, traditional adult tobacco outlets such as cigar shops -- which don't allow minors inside and make at least 60 percent of sales from tobacco sales -- will be exempt as the push of the ordinance is to protect youth.
Also unaffected are e-cigarettes -- which heat and vaporize a nicotine solution that is often flavored with sweeteners -- because they don't actually use tobacco. However, the county did add "vapes" to the list of products restricted by its smoking ordinance in June, which means public smoking laws apply to the electronic devices. And at that time, supervisors expressed concern about the marketing of the flavored fluids, again citing concerns about use by youth, but said additional study was needed before action could be taken.
Resource: http://www.mercurynews.com/health/ci_26891173/cherry-and-chocolate-cigarillos-no-longer-welcome-at
The ban is the first of its kind in the western United States according to county staff, who said they are following in the footsteps of New York City, Chicago and Providence, Rhode Island.
While federal law barred flavored cigarettes -- with the exception of menthol -- in 2009, it did not address other tobacco products such as cigars, cigarillos and chewing tobacco. Santa Clara County included the broader flavor restriction as part of a 2010 ordinance but delayed the enforcement of that component until further information was available from the FDA, or other jurisdictions took similar action.
Because the county board only governs unincorporated areas outside city limits, the ban will affect just 18 retailers. But advocates said it's still an important step.
Dan Peddycord, the county's public health director, said at this week's board of supervisors meeting that it's a simple matter of keeping kids away from harm.
HomeLifestylesHealthStory
Cherry and chocolate cigarillos no longer welcome at Santa Clara County retailers
By Eric Kurhi
ekurhi@mercurynews.com
Posted: 11/07/2014 09:11:03 AM PST
1 Comment
| Updated: about a year ago
SAN JOSE -- Hoping to curb the appeal of tobacco products that they consider candy-coated starter kits for future addicts, Santa Clara County supervisors gave more than a dozen retailers in areas outside city limits three months to clear their shelves of the cherry, chocolate and other flavored products popular among young smokers.
The ban is the first of its kind in the western United States according to county staff, who said they are following in the footsteps of New York City, Chicago and Providence, Rhode Island.
While federal law barred flavored cigarettes -- with the exception of menthol -- in 2009, it did not address other tobacco products such as cigars, cigarillos and chewing tobacco. Santa Clara County included the broader flavor restriction as part of a 2010 ordinance but delayed the enforcement of that component until further information was available from the FDA, or other jurisdictions took similar action.
Because the county board only governs unincorporated areas outside city limits, the ban will affect just 18 retailers. But advocates said it's still an important step.
Dan Peddycord, the county's public health director, said at this week's board of supervisors meeting that it's a simple matter of keeping kids away from harm.
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"Youth are very much attracted to flavored products," he said, "and the tobacco industry adds flavor to their products to both decrease the harshness of raw tobacco and presumably to increase the appeal of their product to their customers."
He added that 85 percent of tobacco users get started before adulthood.
"We think it's imperative to protect our youth from tobacco use and a lifetime of ailments related to tobacco use," Peddycord said.
Two businesses -- one a convenience market, the other a liquor store -- submitted letters to the board asking that they not go ahead with the ban.
"I don't sell to kids -- I never have," wrote Hung Nguyen, who runs a Bascom Avenue shop. "Why do you continue to punish small businesses like mine?"
The Cigar Association of America weighed in, expressing fears that ordinary cigars could be considered among the products banned because of proprietary blends that include fruit juices, nuts, herbs and spices.
However, county staff said the basis for determining whether a product is in violation will be more based on marketing, such as pictures of fruit on the packaging or advertising.
In addition, traditional adult tobacco outlets such as cigar shops -- which don't allow minors inside and make at least 60 percent of sales from tobacco sales -- will be exempt as the push of the ordinance is to protect youth.
Also unaffected are e-cigarettes -- which heat and vaporize a nicotine solution that is often flavored with sweeteners -- because they don't actually use tobacco. However, the county did add "vapes" to the list of products restricted by its smoking ordinance in June, which means public smoking laws apply to the electronic devices. And at that time, supervisors expressed concern about the marketing of the flavored fluids, again citing concerns about use by youth, but said additional study was needed before action could be taken.
Resource: http://www.mercurynews.com/health/ci_26891173/cherry-and-chocolate-cigarillos-no-longer-welcome-at
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