CONSENT CALENDAR July 8, Honorable Mayor and Members of the City Council Councilmembers Jesse Arreguín and Darryl Moore

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1 Berkeley City Council CONSENT CALENDAR July 8, 2014 To: From: Subject: Honorable Mayor and Members of the City Council Councilmembers Jesse Arreguín and Darryl Moore The SMOKE Act RECOMMENDATION: Adopt a resolution in support of the SMOKE Act, introduced by Representative Jackie Speier (D San Mateo). The bill would extend US Food and Drug Administration (FDA) regulations prohibiting the advertisement of tobacco towards minors to apply to electronic cigarettes, also known as e-cigs or vapes. BACKGROUND: Electronic cigarettes are devices that release either a nicotine or non-nicotine vaporized solution. E-cigarettes are advertised as a safe option to traditional smoking, and are, for the most part, unregulated. As more and more communities restrict the usage of tobacco products in public spaces to protect community health, the advertisement of e- cigarettes has proliferated, using sex appeal and celebrity endorsement to target youth, often with the unverified claim that it is harmless to others around the user, and proclaiming that e-cigs are a way to take your freedom back. Even more insidious is the marketing of youth-attractive flavors such as gummy bears, bubblegum, and chocolate cake. The result has been the skyrocketing rise in the usage of electronic cigarettes; according to the National Youth Tobacco Survey, the percentage of high school students who reported ever using an e-cigarette rose from 4.7 percent in 2011 to 10 percent in It is critical to prevent youth from experimenting with any tobacco related products as 90 percent of all smokers begin as teenagers. In response, Representative Jackie Speier has introduced the SMOKE Act to curb the targeting of youth in e-cigarette advertisements and promotion. The SMOKE act would do so by extending the existing FDA prohibitions on the advertising of cigarettes towards youth to apply to e-cigarettes. The City of Berkeley has repeatedly taken strong positions against the public health threat posed by tobacco, especially the marketing and sale of tobacco products to youth. Last fall, consistent with its commitment to public health, the City Council referred the issue of regulating e-cigarettes to the Community Health Commission. CONTACT PERSON: Jesse Arreguin, Councilmember, District

2 ATTACHMENTS: 1. Resolution 2. Text of the SMOKE Act 3. NYT Article: E-Cigarettes are targeted at youths, report says 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510)

3 RESOLUTION NO. ##,###-N.S. SUPPORT OF THE SMOKE ACT WHEREAS, Electronic cigarettes are devices that release either a nicotine or nonnicotine vaporized solution and are advertised as a safe option to traditional smoking and harmless to those around the user; and WHEREAS, Nicotine is dangerously addictive, with adverse health implications, regardless of the delivery method; and WHEREAS, The marketing and advertisement of electronic cigarettes have become ubiquitous, targeting youth with sex appeal, celebrity endorsements, and flavors that include gummy bears, cotton candy, and others; and WHEREAS, 90 percent of all smokers began as teenagers and the usage of electronic cigarettes have recently skyrocketed among school-aged children; and WHEREAS, Existing regulations by the US Food and Drug Administration (FDA) prohibit the marketing, promotion and advertisement of tobacco cigarettes to children; and WHEREAS, the SMOKE Act, introduced by Representative Jackie Speier (D San Mateo), would extend those existing FDA regulations to electronic cigarettes. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports the SMOKE Act to prohibit electronic cigarettes from being dangerously marketed to our children and preventing another generation from being afflicted with life-long tobacco addiction. BE IT FURTHER RESOLVED that copies of this Resolution be sent to Representatives Jackie Speier and Barbara Lee and Senators Dianne Feinstein and Barbara Boxer Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) jarreguin@cityofberkeley.info

4 Attachment 2 Attachment Not Received Attachment 2 to this report has not been received from the submitting office. City Clerk Department 2180 Milvia Street Berkeley, CA (510) The City of Berkeley, City Council s Web site

5 6/23/2014 E-Cigarettes Are Targeted at Youths, Report Says - NYTimes.com Attachment 3 HEALTH E-Cigarettes Are Targeted at Youths, Report Says By SABRINA TAVERNISE APRIL 14, 2014 WASHINGTON An investigation by Democratic members of Congress into the marketing practices of electronic cigarette companies has found that major producers are targeting young people by giving away free samples at music and sporting events and running radio and television advertisements during youth-oriented programs. The inquiry, led by Senator Richard J. Durbin, Democrat of Illinois, and Representative Henry A. Waxman, Democrat of California, was conducted as the Food and Drug Administration prepared a major package of tobacco control rules that would place e-cigarettes under federal regulation for the first time. The new rules have been slow to appear, and lawmakers said they hoped their report, which came out Monday, might help speed their release. It s time for the F.D.A. to step up and regulate these products, Senator Durbin said during a conference call with reporters. We ve got to put an end to the marketing of these products to kids. Public health experts are deeply divided on the perils and benefits of e-cigarettes. Some say they offer the first satisfying alternative to smoking in generations and could greatly reduce health risks, while others contend they could become a gateway to traditional cigarette smoking for young people. 1/3

6 6/23/2014 E-Cigarettes Are Targeted at Youths, Report Says - NYTimes.com The report surveyed nine major producers, though only eight responded: Altria, R. J. Reynolds Vapor Company, NJOY, Eonsmoke, Logic, VMR, Lorillard and Green Smoke. Six of them said they had sponsored events, and eight said they had given away free samples. In all, 348 events featured free giveaways and sponsorship in 2012 and 2013, many of which appeared geared toward youth, the report said. A spokesman for the Smoke Free Alternatives Trade Association, the e- cigarette industry s trade group, said, We encourage responsible marketing directed to those over the age of 18, and added it does not support, and our industry does not use, youth-oriented product marketing. The report found that Lorillard represented the largest portion of the giveaways and sponsorships in 2012 and 2013, providing free e-cigarette samples or sponsorship at 227 of the events, which included music festivals, parties and motor sports competitions. It also sponsored Freedom Project, a national tour by a number of bands. This year, tobacco control advocates criticized ads for the company s Blu brand e-cigarettes that ran in Sports Illustrated magazine and featured women in bikinis, calling them an attempt to appeal to teenage boys. Robert Bannon, a spokesman for Lorillard, said in a statement that the company does not advertise to youths. We have taken many steps to limit exposure of individuals under age 18 to our advertising and promotional activities and to prevent them from purchasing our electronic cigarette products, he said. NJOY, an e-cigarette company that does not make traditional cigarettes, said it does not market to young people. It added in a statement that it has long supported sensible regulations to ensure that the e-cigarette industry is operating as an important alternative to tobacco cigarettes that cause the premature death of nearly a half-million Americans every year. Mr. Waxman said, We fought for decades to set strict rules for marketing of traditional cigarettes. 2/3

7 6/23/2014 E-Cigarettes Are Targeted at Youths, Report Says - NYTimes.com E-cigarette manufacturers don t have to play by the same rules, he said. They are free to sponsor youth-oriented events and make flavors that appeal to kids, and that s exactly what s happening. The report also found that the six e-cigarette manufacturers that provided full information to the inquiry more than doubled spending on marketing from 2012 to 2013, to a total of $59 million. Also on Monday, the F.D.A. released reviews of scientific literature on e-cigarettes. In one analysis, researchers at the agency said e-cigarette use was increasing among youths, citing data from a Utah study that found young people there were more likely to report using e-cigarettes than any other tobacco product. While e-cigarettes do not contain tobacco like traditional cigarettes, regulators consider them tobacco products because they contain nicotine, which can be derived from tobacco. A version of this article appears in print on April 15, 2014, on page A16 of the New York edition with the headline: E-Cigarettes Are Targeted at Youths, Report Says The New York Times Company 3/3

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