Item 8.2
Amendment to CVMC 5.56 to
Prohibit Flavored Tobacco
Presented by:
Stacey Kurz, Housing Manager
Genevieve Hernandez, Senior Planner
Chronic Disease
• Lung Cancer, COPD, heart
disease and stroke.
• Over 480,000 deaths each
year in the U.S.
• Healthcare spending
exceeds $170 billion
annually.
Long-Term Tobacco Use
2021 National Youth
Tobacco Survey
“Flavored Tobacco Product” means a Tobacco Product that contains or emits a taste or smell, other than the taste or smell of tobacco, including but not limited to, any taste or smell relating to fruit, mint, menthol, wintergreen,
chocolate, cocoa, vanilla, honey, candy, dessert, alcoholic beverage, herb, or spice. Flavored Tobacco Products do not include products approved by the Food and Drug
Administration (FDA) for sale either as a tobacco cessation product or for other therapeutic purposes, where the
product is marketed and sold solely for such an FDA-
approved purpose.
Flavored Tobacco Defined
Brain Development
Smoking tobacco can
cause:
• nicotine addiction;
• mood disorders; and
• permanent lowering of
impulse control.
Nicotine changes the
way synapses are
formed, which can harm
the parts of the brain
that control attention
and learning.
Flavored Nicotine E-Liquid
Chula Vista Smoking Policy
CVMC 8.22 “Regulation of Smoking in Public
Places and Places of Employment”
• Defined e-cigarettes
• Made all city facilities smoke/vape free
• Added affordable housing projects
• Posted signage at all city facilities &
updated 30 city parks
• Conducted under cover operations at
problem public venues
CVMC 5.56 “Tobacco Retailer”
• Created licensing program
City of San Diego
• May 2022: Adopted ban on Flavored Tobacco &
Menthol (effective 1/1/23)
State
• Dec. 11, 2020: Attorney General Xavier Becerra
agreed to suspend flavor ban until November 2022
election
• Jan. 22, 2021: Validation of the number of signatures needed to suspend the enactment of a flavor ban
until Nov. 2022 election
• November 2022: anticipated on Ballot
Local and State Action
• Feb. 25, 2020: CV City Council
request addition information
• Oct. 8, 2020: HCVAC direct staff to
conduct additional research
Areas of Research
• Types of stores & proximity to
sensitive receptors
• Youth vaping trends in CV
Chula Vista as of February 2020
1. Retailers and Sensitive Receptors
2. Local Youth Access
• Types of Devices Used
• Vaping Product Access
• Youth Opinions on use of Flavored
Tobacco
3. Prohibiting Nicotine Content
Additional Research Conducted
Retailers and Sensitive Receptors
32% [thirty-nine
(39) out of 122] of
the stores
identifying as
selling tobacco
were gas stations
or convenience
stores.
Retailers and Sensitive Receptors
30% [thirty-seven (37)
retailers out of 122]
were located within 500
feet of a school or park
where youth are likely
to be located.
Youth Survey
1. Types of Devices Used
2. Vaping Product Access
3. Youth Opinions on using
Flavored Tobacco
Survey – Response by School
Survey - Response by Grade Level
509
451
988
466
0 200
400
600
800
1000
1200
9 10 11 12
Number of Responses by Grade Level
Survey – Reported Types of
Devices Used
126
471
23 27 42 86 92
495
0 100
200
300
400
500
600
Smoking Devices Used
Survey – Vaping Product Access
142
20%
158
22%286
40%
128
18%
Where do you or your friends get vaping products?
Convenience stores/gas
stations (e.g. 7-11, Mobile,
Arco, etc.)
Vape Shops
Family/friends
On-line
Youth Opinions – Flavored Tobacco
1366
65%
79 4%
39 2%
615
29%
How likely are you to use a non-flavored product?
Not likely Possibly Very likely Not sure
City Staff conducted research on “high” level nicotine products and concluded:
• Not enough data to determine what level of nicotine consumption is “less” addictive;
• Absorption can vary based on device and content; and
• Enforcement would be difficult due to packaging and shops mixing their own liquid.
Prohibiting Nicotine Content
• The proposed ordinance makes it unlawful for any tobacco or electronic cigarette retailer to sell or distribute specified flavored tobacco products, including menthol.
• Unflavored or tobacco flavored e-cigarettes as well as FDA approved cessation devices will also be exempt.
• The ordinance does not apply to the sale of shisha, premium cigars, or loose-leaf tobacco.
5.56.010 Definitions.
J. “Loose-Leaf Tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
Amendment to CVMC 5.56
Prohibit Flavored Tobacco
Recommendation
Approve an ordinance (first reading) amending Chula
Vista Municipal Code chapter 5.56, Tobacco Retailer, to prohibit the sale of flavored tobacco products within the City of Chula Vista.
Effective January 1, 2023