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HomeMy WebLinkAboutSubmittal-Nancy E. Maidique-Students Working Against Tobacco- S.W.A.T.is . 11.20/q DON'T LET FLAVORED TOBACCO TRAP FLORIDA'S KIDS. Watermelon. Bubble Gum. Even chocolate chip cookie dough. The tobacco industry infuses its deadly products with flavors kids love. And, not surprisingly, every year thousands take the bait. Together, we can fight back and stop this sweet deception, before it's too late. For information or to get involved in Miami Dade County call105-27R-0442 19-404tk - NanN E. Anc\c4k),e7 Afo,nS1- 14 -01 142 TCk &t CO - DON'T LET FLAVORED TOBACCO TRAP FLORIDA'S KIDS. Watermelon. Bubble Gum. Even chocolate chip cookie dough. The tobacco industry infuses its deadly products with flavors kids love. And, not surprisingly, every year thousands take the bait. Together, we can fight back and stop this sweet deception, before it's too late. For information or to get involved in Miami Dade County call 305-278-0442 • • BIG TOBACCO SAYS IT DOESN'T MAKE PRODUCTS FOR TEENS, BUT THEIR ADS DEFINITELY TARGET US. STUDENTS WORKING AGAINST TOBACC Submitted into the public record for item(s) e 4 , on 12 ' I 1 • k1i- . City Clcrk • Students Working Against Tobacco S.W.A.T Students Working Against Tobacco (SWAT) is a statewide youth advocacy and leadership organization which equips Florida youth to mobilize against the nefarious tactics employed by the tobacco industry. SWAT is maintained by the Florida Department of Health in Miami Dade County's Tobacco Prevention and Control Program and works with and supports the goals of the Tobacco -Free Workgroup (TFW) partnership. The TFW is a community partnership with the purpose of developing and promoting policies that reduce the use and effects of tobacco. As an integral component of TFW, SWAT members support the partnership's goals through advocating for policies which reduce the prevalence of tobacco use among youth and adults; reduce the influence of • the tobacco industry in our local community; and reduce exposure to secondhand tobacco smoke. SWAT members use an anti -industry message, that work to change social norms so that tobacco is less desirable, less acceptable and less accessible. SWAT does not preach lecture or talk down to anyone (especially smokers). In fact smokers are welcome to join SWAT. They are victims of tobacco industry manipulation and can provide an important perspective in the fight against the BIG Tobacco industry. SWAT is youth driven and adult supported and strive to operate with the maximum amount of youth direction and control as possible. Local SWAT chapters are established and maintained through collaborations with local schools and require coordination at the school level by an adult advisor. For more information on establishing a SWAT Club at your school or if you would like to become a member of a SWAT club please contact the Florida - Department of Health in Miami Dade- County Tobacco Program at 305-278- 0442. • 171111 HEALTH L1-677-U-CAN-NOW ...... Qvttline CONSORTIUM FOR A HEALTHIER M IAMI- DADE 0 • • • com Nliami-Dade jaunty rffirtfr HEALTH Miami -Dade County Growing Concerns of Tobacco Use among Youth •Flavored Tobacco •Electronic Cigarettes (See attachments) Submitted into the public record for item(s) Q A- A on I ((•l 4- . City Clerk • CANDYFLAVORED TOJACCO POLICIkS • What is the problem with candy.flavored tobacco? • Candy -flavored tobacco targets new users, the majority of which are kids. • Studies show that 17-year-old smokers are three times as likely to use flavored cigarettes as smokers over the age of 25. • Almost 90 percent of adult smokers began smoking as teenagers. M What is not banned by the FDA? • Candy -flavored spit tobacco. • Candy -flavored cigars and cigarillos. • Snus (rhymes with "noose"): small packets of tobacco resembling tea bags that are kept in the mouth. The excess juice can be swallowed instead of spat. • New dissolvable products: pellets (Camel Orbs), a twisted stick the size of a toothpick (Camel Sticks), and a film strip for the tongue (Camel Strips), all of which are made from finely ground flavored tobacco. Submitted into the public _ record for item(s) -A on \ 2` . City Clerk Miami -Dade County • • Candy -Flavored Tobacco Our Goal For This Policy: Candy -flavored cigarettes are banned in the United States, but deadly tobacco products are still sold packed with candy and fruit flavors that attract youth, including berry -flavored spit tobacco and grape -flavored cigars.We want to prevent our youth from beginning to use these cancer -causing products by getting them off the shelves. This policy is not aimed at the few adult users of these products, who can easily switch to other tobacco products, but at protecting our youth. Some facts: 20 percent of smokers ages 17 to 19 smoked flavored cigarettes while only 6 percent of smokers over age 25 reported smoking flavored cigarettes. 80% of smokers started before the age of 18. This ban will help stop the more than 3,600 young people who start smoking daily. New York City has banned the sale of all flavored tobacco products, and successfully won legal challenges to the law. Both Wisconsin and Illinois are in the process of attempting to ban the sale of any candy or ilcohol flavored tobacco products. Model ordinance language: SECTION 2. DEFINITIONS ... contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including but not limited to, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol flavors, that is a characterizing flavor of the tobacco product or tobacco smoke. SECTION 3. SALE OR DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS PROHIBITED No person, business, tobacco retailer, or other establishment subject to this ordinance shall sell, permit to be sold. offer for sale. display for sale or distribute by any means including, but not limited to free sample or coupon. any flavored tobacco products. SECTION 5. PENALTIES A.Any person or business who violates this ordinance, shall upon conviction, be guilty of a violation of a second degree misdemeanor, punishable as provided by law. B.The penalty for a second conviction of this ordinance shall be at least double the penalty for the first conviction, except that any penalty shall not exceed the maximum penalty set by law for a misdemeanor of the second degree. C.AII convictions for violation of this Ordinance shall be reported to the Suite of Florida, Division ofTobacco and Alcoholic Beverages. the record for item(s) .1 on • . City Clerk FDA Advisory Flavored Tobacco Products What you need to know • • Many types of tobacco products are made to taste like vanilla, orange, chocolate, cherry, coffee and other flavors. These kinds of flavors make tobacco products especially appealing to kids, and can lead to a lifetime of tobacco addiction. The FDA is encouraging parents to understand the serious risks associated with flavored tobacco products. Flavored tobacco products: • Appeal to kids.. Young people are much more likely to use candy and fruit flavored tobacco products than adults, and tobacco industry documents show that companies have designed these cigarettes with kids in mind. For example, one tobacco company suggested creating a honey -flavored cigarette to attract teenagers who like sweet products. • Disguise the bad taste of tobacco Candy and fruit flavors mask the bad taste of tobacco, making it easier for kids to start using tobacco products. Once they start using one tobacco product, however, they are more likely to experiment with others. • Are just as addictive as regular tobacco products. Scientists have found that many kids think flavored tobacco products are safer and less addictive than regular tobacco products. This is not true. All tobacco products contain nicotine, one of the addictive chemicals that make it so hard to quit using tobacco. • Have the same harmful health effects as regular tobacco products. Flavored cigarettes, cigars and pipes are not Tess dangerous than regular tobacco products. Smoking any kind of tobacco product increases your risk of developing serious health problems, including lung cancer, heart disease and emphysema. Tobacco products that you don't smoke, like snuff and chewing tobacco, have also been shown to cause gum disease and cancers of the mouth. For more information, see www.fda.gov. Beginning September 22, 2009, it will be illegal to sell cigarettes containing certain characterizing flavors except menthol anywhere in the United States. If you see flavored cigarettes for sale, please report it to the FDA. There are three ways to contact us: 1. Call the hotline. 1-877-CTP-1373 2. Send us a letter. 9200 Corporate Blvd, Rockville MD 20850-3229 3. Submit a report online. www.fda.gov/flavoredtobacco Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Wel HEALTH Vision: To be the Healthiest State in the Nation Rick Scott Govemor John H. Armstrong, MD, FACS State Surgeon General & Secretary Flavored Tobacco Q&A • What is candy flavored tobacco? Smokeless tobacco includes chew, dip, snuff, snus and a host of emerging products. New smokeless tobacco products like orbs (dissolvable tobacco pellets), toothpick -like sticks, and dissolvable strips closely resemble gum, candy and breath strips. Another new product is snus, which are small, teabag-like pouches containing tobacco that users place between their upper gum and lip. • Why is this important? The flavoring and lower costs of these non -cigarette smoked tobacco products and of smokeless tobacco products make them especially appealing to youth. o Flavored tobacco products are widely considered to be starter products. o Studies have shown that youth erroneously believe flavored tobacco products are less harmful than their non -flavored counterparts.' o Candy and fruits flavors mask the bad taste of tobacco, making it easier for youth to start using. In addition, flavored tobacco products are helping to create a new generation of lifelong nicotine addicts. o The design and contents of tobacco products make them more attractive and addictive than ever before, according to the 2012 Surgeon General's report." o Since 1988, nicotine has been established to be as addictive as heroin and cocaine.' o Adolescents' bodies are more sensitive to nicotine, and adolescents are more easily addicted than adults.'v o Compared to cigarettes, smokeless tobacco products like chew and dip can contain more nicotine." Once they start using one tobacco product, they are more likely to experiment with others.' o The use of multiple tobacco products — including cigarettes, cigars, and smokeless tobacco — is common among youth and young adults." o Among those who use tobacco, more than half of high school males and nearly a third of high school females use more than one tobacco product. These products include cigarettes, cigars, and smokeless tobacco, such as chew and snus, a dry snuff in a small teabag-like sachet. Florida Department of Health Office of the State Surgeon General 4052 Bald Cypress Way, Bin A-00 • Tallahassee, FL 32399-1701 PHONE: 850/245-4444 • FAX 850/922-9453 Submitt record 1 on t^ ed into the public br item(s) •� _. City Clerk www.FloridasHealth.com TWITTER:HealthyFLA FACEBOOK: F LDepartmentofHealth YOUTUBE:fldoh o Evidence shows that adolescent boys who use smokeless tobacco have a higher risk of becoming cigarette smokers within four years." Flavored tobacco products can lead to life -threatening diseases. o Like cigarettes, non -cigarette smoked tobacco products and smokeless tobacco — whether they're flavored or not — cause cancer, heart disease, and other smoking -related diseases. o Traditional smokeless products, like chew and dip, contain 28 cancer -causing agents (carcinogens).'x • Users of these products have an 80 percent higher risk of oral cancers.x ■ Users of these products have a 60 percent higher risk of pancreatic and esophageal cancer.' o Aside from the increased risk of cancer, the use of smokeless tobacco can increase the risk of heart attack and stroke."" • What's the tobacco industry's role in selling candy -flavored tobacco? The tobacco industry is losing more of its customers. Not only are more tobacco user quitting, every day more than 1,200 people in the U.S. die from smoking."' o For each of those deaths, at least two youth or young adults become regular smokers each day.xiv o Nearly nine out of 10 of these replacement smokers start by age 18.x" • Because of nicotine addiction, about three out of four teen smokers end up smoking into adulthood, even if they intend to quit after a few years.'"' • Among youth who persist in smoking, a third will die prematurely from smoking.'"" For every person who dies from tobacco use, another 20 suffer from one or more serious smoking -related illnesses.""' With cigarette smoking rates are on the decline in the U.S., the tobacco industry insures its livelihood by creating products and strategies that attract a new generation of tobacco users. Numerous internal tobacco industry documents reveal that the companies perceive kids as an important target, and develop products like flavored tobacco and marketing campaigns aimed at them. v o In 1981, a Phillip Morris research report stated: "It is important to know as much as possible about teenage smoking and attitudes. Today's teenage is tomorrow's potential regular Z-. customer, and the overwhelming majority of smokers first begin to smoke while still in their U teens."x'x • et � o In a 1979 memo on fruit -flavored chewing products, one tobacco executive wrote: "Many Q people felt that younger chewers would be attracted to products with less tobacco taste. For example, it was suggested that we investigate the possibility of borrowing switching study • E data from the company which produces "Life Savers" as a basis for determining which c - flavors enjoy the widest appeal.""' o o In a 1978 memo on the sale of Newport cigarettes, one tobacco executive wrote: "[T]he c base of our business is the high school student."xx' ,.c o o A 1972 Brown & Williamson research report, titled "Youth Cigarettes - New concepts," stated: "We believe that there are pipe tobaccos that have a sweet aromatic taste. It's a well known fact that teenagers like sweet products. Honey might be considered."xx' Tobacco companies spend more than a million dollars an hour — over $27 million a day — in this country alone to market their products."' • How can we protect Florida's youth? In Florida, many municipalities have taken on flavored tobacco. • • • • • • o As of September 30, 2012, 42 of the 67 counties in the state have passed resolutions urging tobacco retailers to restrict the sale and marketing of flavored tobacco products. o About 115 cities have passed resolutions urging tobacco retailers to restrict the sale and marketing of flavored tobacco products. In 2010, the Florida Department of Health re -launched a comprehensive media campaign that demonstrates the severe health and emotional toll of tobacco -related death and disease. o Research proves that hard-hitting media campaigns are effective at promoting quit attempts and reducing youth tobacco initiation." o Tobacco Free Florida's multi -media counter marketing campaign reaches youth through ads on social, digital and broadcast media. Tobacco Free Florida is a comprehensive tobacco prevention and cessation campaign. o The program funds community -level interventions in every county, which include supporting a local Students Working Against Tobacco (SWAT) chapter. o SWAT youth are empowered to educate their peers and community members about the dangers of tobacco and the historic marketing practices of the tobacco industry. o SWAT youth across the state have been important advocates against candy -flavored tobacco and supporters of local resolutions urging tobacco retailers to restrict the sale and marketing of flavored tobacco products. FDA Flavored Tobacco Product Fact Sheet, 2011 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006 U.S. Department of Health and Human Services. The Health Consequences of Smoking: Nicotine Addiction: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1988 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006 ".U.S. National Library of Medicine. Smokeless Tobacco. n.d. Web . 19 August 2011. " U.S. Food and Drug Administration. FDA Parental Advisory on Flavored Tobacco Products - What You Need To Know. FDA.7 March 2011. <http://www.fda. gov/TobaccoP roducts/Protecting KidsfromTobacco/FlavoredTobacco/ucm 183196. htm> "" U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. "'" Tomar, S, "Is use of smokeless tobacco a risk factor for cigarette smoking? The U.S. experience," Nicotine & Tobacco Research 5(4):561-569, Aug 2003. Centers for Disease Control and Prevention. Smokeless Tobacco Facts. n.d. Web. 20 August 2011. <http://www. cdc.gov/tobacco/data_statistics/fact_sheets/smokeless/smokeless_facts/index. htm>. Boffetta, P, et al., "Smokeless tobacco and cancer," The Lancet 9:667-675, 2008 Boffetta, P, et al., "Smokeless tobacco and cancer," The Lancet 9:667-675, 2008 Boffetta et al. Use of smokeless tobacco and risk of myocardial infarction and stroke: systematic review with meta -analysis. BMJ, 2009; 339 (aug18 2): b3060 DOI: 10.1136/bmj.b3060 "" Florida Department of Health. "Tobacco —Related Disparities and its Impact on Florida." n.d. <http://www.doh.state.fl.us/tobacco/Disparities.html>. "" U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. " US Department of Health & Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. 2012. "' U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. Young Smokers Prevalence, Trends, Implications And Related Demographic Trends. March 31, 1981. Bates No. 2077864711/4712 Sedgefield Idea Sessions 790606-790607. June 8, 1979. Bates No. 81513681/3691 Submitted into the public record for item(s) FA - on it t ► .)a- City Clerk Lorillard memo on sale of Newport cigarettes, 1978 Bates No. 03537131-03537132EXHIB1T101 '" Brown & Williamson Tobacco Corporation: Project Report. Sept. 1972. Bates No. 170042014 Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. National Cancer Institute, The role of the media in promoting and reducing tobacco use. Tobacco\ Control Monograph No. 19. NIH Pub. No. 07-6242, 2008, USDHHS, National Institutes of Health, National Cancer Institute: Bethesda MD. Submitted into the public _ record for itemtsl _ Lk on 11.1 J.- City Clerk • • • 2014 Florida Youth Tobacco Survey: Fact Sheet 13 Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2014 to 36,979 middle school students and 32,921 high school students in 765 public schools throughout the state. The overall survey response rate for middle schools was 81 %, and the overall survey response rate for high schools was 78%. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. About Flavored Tobacco Flavored tobacco products have been flavored to taste like chocolate, candy, or fruit. The U.S. Food and Drug Administration banned flavored cigarettes, excluding menthol, from being sold in the United States in 2009 with the intention of deterring smoking amongst youth. The questions "Have you ever tried, even once, smoking flavored cigarettes?" and "During the past 30 days, have you smoked flavored cigarettes?" continue to be included on the FYTS to determine how many students think they are smoking flavored cigarettes, though they are likely smoking other flavored tobacco products. Products that were considered flavored cigarettes prior to their 2009 ban have been reclassified by tobacco companies as "cigarillos" to avoid taxation and regulation by the FDA. For this analysis, flavored tobacco includes flavored cigarettes, cigars, and/or smokeless tobacco. Ever Tried Flavored Tobacco In 2014, 6.3% of middle school students and 18.0% of high school students reported smoking or using a flavored tobacco product at least once (Figure 1). Since 2010, this behavior has decreased by 40.0% among middle school students and by 30.5% among high school students. Current Flavored Cigarette Use In 2014, 2.8% of middle school students and 8.8% of high school students reported smoking or using a flavored tobacco product at least once during the past 30 days (Figure 2). Since 2010, this behavior has decreased by 42.9% among middle school students and by 34.3% among high school students. Submitted into the public record for item(s) iJL. _ on 111L• t1 i\ City Clerk 30 25 20 c E 15 10 5 0 26.9 10.5 Figure 1. Ever Tried Flavored Tobacco 24.4 9.1 21.7 7.4 6.6 18.0 6.3 ry0 ry0 ry0 ry0 ry0 Middle School --High School Figure 2. Current Flavored Tobacco Use Middle School -High School • Submitted into the public rcr19.011 — City Clerk 2014 FYTS Fact Sheet 13: Flavored Tobacco Use Among Youth Page 2 Current Flavored Tobacco Use (Past 30 Days) Figure 3. Middle School Current Flavored Tobacco Use All ` 2.8 Female t 2.3 Male 3.3 White* 2.5 Black* 2.8 Hispanic 6th Grade 7th Grade 8th Grade 0 * Non -Hispanic Figure 4. High School Current Flavored Tobacco Use All M 8.8 Female 1 6.8 Male 1 10.6 White* k 10.6 Black* 5.0 Hispanic 8.8 9th Grade 10th Grade 11th Grade 12th Grade 0 * Non -Hispanic Middle School Overall, 2.8% of middle school students reported smoking or using a flavored tobacco product at least once during the past 30 days (Figure 3). In 2014, males were significantly more likely to use flavored tobacco than females. There was not a significant difference between race/ethnic groups. This behavior increased significantly with grade level. High School Overall, 8.8% of high school students reported smoking or using a flavored tobacco product at least once during the past 30 days (Figure 4). In 2014, males were significantly more likely to use flavored tobacco than females. Non -Hispanic whites were significantly more likely to use flavored tobacco than Hispanics and non -Hispanic blacks, and Hispanics were significantly more likely to use flavored tobacco than non -Hispanic blacks. This behavior increased significantly with grade level. The prevalence estimates and 95% confidence intervals (95% CI) were calculated using SAS 9.3. The difference in prevalence between two different populations or between two different years is statistically significant if the 95% confidence intervals of the two prevalence estimates do not overlap. For more information about the FYTS, please contact the Chronic Disease Epidemiology, Surveillance, and Evaluation Section at (850) 245-4401. You can also visit our website at www.floridahealth.gov/statistics-and-data/survey-data/fl-youth-tobacco-survey/index.html. • Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Fiaffn HEALTH Vision: To be the Healthiest State in the Nation Rick Scott Govemor John H. Armstrong, MD, FACS State Surgeon General & Secretary E-cigarettes & Florida's Youth What are e-cigarettes? • Electronic cigarettes, also known as e-cigarettes, are battery operated nicotine delivery devices that heat liquid nicotine and other chemicals, releasing a vapor, which users inhale. • On April 25, 2011, the FDA announced that it would regulate e-cigarettes as tobacco products and not as a drug or device, a decision that reflects our current understanding of e-cigarette use. r To date, the FDA has not asserted its authority over e-cigarettes and they remain unregulated. Is nicotine dangerous? • Nicotine is a dangerous, highly addictive drug. • Nicotine is responsible for heart and blood vessel disease from smoking. • Inhaled nicotine produces dose -related increases in heart rate and blood pressure. • Nicotine exposure has been shown to have unique effects on the developing human brain.2 • Young people who have asthma become addicted to nicotine faster.' • Reactive Airways Dysfunction Syndrome (RADS) is an asthma -like syndrome and can develop after a single exposure to irritating vapors from e-cigarettes. Symptoms can be mild to fatal. • Even short-term (5 minutes) e-cigarette use can lead to acute lung problems, such as an increase in airway resistance and oxidative stress.4 • The use of these products can pose a risk for nicotine poisoning. For example, if a child weighing 66 pounds swallows the contents of a cartridge containing 24mg of nicotine, acute nicotine poisoning would likely occur, possibly causing deaths. • Nicotine can be absorbed into the body by inhalation, ingestion, skin contact, and mucous membranes. Symptoms of nicotine poisoning include nausea, vomiting, dizziness, high blood pressure, and rapid heart rate. Are e-cigarettes a safe alternative to smoking? • There is currently no peer -reviewed independent research in any credible medical or scientific journal to support industry claims about the safety of e-cigarettes or the potential of e-cigarettes to help smokers quit. • Preliminary research from the Food and Drug Administration (FDA) has revealed that some e-cigarettes do contain toxic substances and carcinogens, which are known to cause cancer.6 What is Tobacco Free Florida's position on e-cigarettes? • Because there is so much yet to be determined about e-cigarettes, the Florida Department of Health does not endorse e-cigarettes as a beneficial step for smokers who are attempting to quit. • The agency remains concerned that, in addition to possibly harmful effects, e-cigarettes may become a tool used to get youth and young adults hooked on nicotine, which is a highly addictive, dangerous chemical.' Florida Department of Health Office of the State Surgeon General 4052 Bald Cypress Way, Bin A-00 • Tallahassee, FL 32399-1701 PHONE: 850/245.4444 • FAX 850/922-9453 Submi ed into the public record or item(s) P A A _. on 1 Z • 11- 14 . City Clerk www.FloridasHealth.com TWITTER:HealthyFLA FACEBOOK:FLDepartmentotHealth YOUTUBE: fldoh Submitted into the public record for item(s) A .� on 12 . I I . . City Clerk What are the concerns about e-cigarettes and youth? The rapid increase of e-cigarette use by teens is alarming. • The number of middle school and high school students in the U.S. who have tried e-cigarettes doubled in 2012 compared to just one year earlier. 8 • In Florida, 4.3 percent of middle school students and 12.1 percent of high school — more than one in 10 - students had ever tried e-cigarettes in 2013.9 • The number of Florida high school students who had tried e-cigarettes doubled — from 6 percent in 201110 to 12.1 percent in 2013." E-cigarettes may be a gateway to nicotine addiction and the use of other tobacco products. • Among teen e-cigarette users, three out of four use conventional cigarettes as well and that suggests the possibility that a lot of kids and teens may start with e-cigarettes and progress to conventional cigarettes, leading to a lifetime of addiction to nicotine.12 o In Florida, among current youth (11-17) e-cigarette users, 57.4% are current cigarette smokers and 82.0% have ever smoked a cigarette. • E-cigarettes are being used as a way to circumvent smoke -free laws.13 • E-cigarette companies are marketing their products as a way to circumvent smoke -free laws. • If a teen is using e-cigarettes in places they would not have normally smoked, like inside their home, and still smoking conventional cigarettes when outside, then they are increasing their nicotine consumption. • Adolescents' bodies are more sensitive to nicotine, and adolescents are more easily addicted than adults.14 • Nicotine addiction is the fundamental reason that individuals persist in using tobacco products.15 • Inhaling nicotine is the most efficient way to feel its effects and results in higher abuse potential than do other tobacco- or nicotine -containing products.16 • E-cigarettes are available in fruit and candy flavors, which are especially enticing to young people. The alarming increase in e-cigarette use and availability has the potential to normalize smoking. • E-cigarettes have the potential to promote and renormalize the use of cigarettes, electronic or not. The vapor from an e-cigarette looks like smoke from a conventional cigarette. • While tobacco products like cigarettes and dip have been banned from advertising on TV for decades, and for good reason, we have seen a notable increase in the marketing of e-cigarettes, including TV commercials. • There has been a surge in e-cigarette marketing in recent years, and e-cigarette companies are using the same tactics long used to market regular cigarettes to young people. • The same Big Tobacco companies that have been found guilty of marketing to youth have either acquired an e-cigarette brand or are in the process of launching their own. These companies should not be trusted. http://www.fda.aov/NewsEvents/PublicHealthFocus/ucm252360.hun 3 Dwyer JB, McQuown SC, Leslie FM. The dynamic effects of nicotine on the developing brain. Pharmacol Ther 2009;122:125-39. 3 Van De Ven MO, van Zundert RM, Engels RC.; Effects of asthma on nicotine dependence development and smoking cessation attempts in adolescence. J Asthma. 2013 Apr;50(3):250-9 ° Vardavas, CI, "Short-term pulmonary effects of using an electronic cigarette: impact on respiratory flow resistance, impedance, and exhaled nitric oxide," Chest 141(6):1400-6, June 2012. 5 World Health Organization: http://www.who.int/tobacco/communications/statements/eletronic cigarettes/en/index.html 6 http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm173146.htm htto://www.cdc.Rov/tobacco/data statistics/fact sheets/cessation/auittina/index.htm s U.S. Centers for Disease Control and Prevention (CDC), "Notes from the field: electronic cigarette use among middle and high school students - United States, 2011-2012." Morbidity and Mortality Weekly Report (MMWR). 62 (35): 729-30. September 2013. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6235a6.htm 'Florida Youth Tobacco Survey (FYTS), Florida Department of Health, Bureau of Epidemiology, 2013 1° Florida Youth Tobacco Survey (FYTS), Florida Department of Health, Bureau of Epidemiology, 2011 11 Florida Youth Tobacco Survey (FYTS), Florida Department of Health, Bureau of Epidemiology, 2013 13 Morbidity and Mortality Weekly Report (MMWR). Notes from the Field: Electronic Cigarette Use Among Middle and High School Students — United States, 2011-2012; Centers for Disease Control and Prevention, September 6, 2013 / 62(35); 729-730. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6235a6.htm?s_cid=rtm6235a 6_e 13 U.S. Food and Drug Administration (FDA). Transcript for FDA's media briefing on electronic cigarettes (July 22, 2009). available at: http://www. fda.govinewsevents/publichealthfocus/ucm172906.htm. 1° U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. 15 U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. 16 U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. • • • Submitted into the public re�uru wr Iterr1 s) A on i L . 11 . ► 4 . City Clerk 2013 Florida Youth Tobacco Survey: Fact Sheet 12 HEALTH Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2013 to 6,440 middle school stu- dents and 6,175 high school students in 172 public schools throughout the state. The overall survey response rate for middle schools was 83%, and the overall survey response rate for high schools was 75%. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. About Electronic Cigarettes An electronic cigarette (e-cigarette) is a battery -operated device that looks, feels, and tastes like a tobacco cigarette. They deliver nicotine, flavor, and other chemicals to the user in the form of a vapor. Ever Tried Electronic Cigarettes In 2013, 4.3% of middle school and 12.1% of high school students had tried an electronic cigarette at least once (Figure 1). Since 2011, the prevalence of this behavior has increased by 43.3% among middle school students and by 101.7% among high school students. Current Electronic Cigarette Use In 2013, 1.8% of middle school students and 5.4% of high school students used an electronic cigarette at least once during the past 30 days (Figure 2). •Since 2011, the prevalence of this behavior has increased by 20.0% among middle school students and by 74.2% among high school students. 14 12 10 8 6 4 2 0 Figure 1. Ever Tried Electronic Cigarette 2011 6.0 3.9 2012 8.4 Middle School ■High School 4.3 12.1 2013 4 Figure 2. Current Electronic Cigarette Use 3.1 1.5 3.6 1.8 1.8 6.4 2011 2012 2013 Middle School ■High School Image: http://www.e-cigarettereviewed.com/wp-con- tent/uploads/2012/06/510+Cartomizer+E+Cigarette.jpg Submitted into the public recora for items)_ pA on -0 • I i • 1')' 2013 FYTS Fact Sheet 12: Youth Electronic Cigarette Use Page 2 Current Electronic Cigarette Use (Past 30 Days) Figure 3. Middle School Current Electronic Cigarette Use All Female Male White* Black* Hispanic 6th Grade 7th Grade 8th Grade 0 Non -Hispanic 1.8 OA Figure 4. High School Current Electronic Cigarette Use All Female Male White* Black* Hispanic 5 4 3.9 6.8 6.6 2.4 - 5.7 9th Grade 5.1 10th Grade 4.6 11th Grade 5.1 12th Grade 6.4 0 2 4 6 8 Non -Hispanic OA Middle School Overall, 1.8% of middle school stu- dents used an electronic cigarette at least once during the past 30 days (Figure 3). In 2013, the prevalence of current electronic cigarette use was higher among male students than female students. The preva- lence of this behavior was signifi- cantly higher among non -Hispanic white and Hispanic students than among non -Hispanic black students. The prevalence of this behavior in- creased with each increasing grade, from sixth to eighth. High School Overall, 5.4% of high school stu- dents used an electronic cigarette at least once during the past 30 days (Figure 4). In 2013, the prevalence of current electronic cigarette use was higher among male students than female students. The preva- lence of this behavior was signifi- cantly higher among non -Hispanic white and Hispanic students than among non -Hispanic black students. The prevalence of this behavior in- creased from tenth to twelfth grade. For more information about the FYTS, please contact the Chronic Disease Epidemiology, Surveillance, and Evaluation Section, at (850) 245-4401, or by e-mail at ChronicDisease@doh.state.fl.us. You can also visit our website at http://www.FloridaChronicDisease.org. • Submitted into the Rublic eeard torntem(s) _ on 12 I 1 I(, 2014 Florida Youth Tobacco Survey: Fact Sheet 8 Tobacco Use on School Property Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2014 to 36,979 middle school students and 32,921 high school students in 765 public schools throughout the state. The overall survey response rate for middle schools was 81%, and the overall survey response rate for high schools was 78%. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. Rule Against Smoking on School Property In 2014, 73.4% of middle school students and 83.2% of high school students reported that there is a rule that no one is allowed to smoke cigarettes on school property (Figure 1). In 2014, high school students were significantly more likely than middle school students to report a rule against smoking on school property. Since 2006, this indicator has increased by 4.9% among middle school students and by 5.6% among high school students. Since 2012,17.9% fewer middle school students and 9.8% fewer high school students reported that there was a rule against smoking on school property. Smoked Cigarettes on School Property In 2014, 1.2% of middle school students and 3.3% of high school students reported smoking cigarette(s) on school property on one or more of the last 30 days (Figure 2). Since 2006, this behavior has decreased by 50.0% among middle school students and by 37.7% among high school students. Since 2012, this behavior has decreased by 27.2% among middle school students and by 15.3% among high school students. Chewed Tobacco on School Property In 2014, 1.2% of middle school students and 3.6% of high school students reported using chewing tobacco, snuff, or dip on school property on one or more of the last 30 days (Figure 3). Since 2006, this behavior decreased by 42.9% among middle school students and by 18.2% among high school students. Since 2012, this behavior has decreased by 14.4% *among middle school students and by 8.6% among high school students. 100 90 c 80 d ° 70 60 50 Figure 1. Rule Against Smoking on School Property 78.8 70.0 76.4 77.8 68.1 67.8 89.7 87.9 92.8 89� 88.6 89.0 92.2 92.1 83.2 8 89.4 9.5 73.4 b 1 . ryoO ryOO ryOO ryOO ryO� ryO^ ryO^ ryO^ ryO^ Middle School --High School 8 6 c 4 a 2 0 Figure 2. Smoked Cigarettes on School Property ryO ryOoO ryOOO ryO^O ryO^^ hO^ry Middle School -a-High School ryO ryO 8 6 m 4 a 2 0 Figure 3. Chewed Tobacco on School Property 4.4 4.2 4.3 4.4 4.7 4.6 3.9 3.4 3.6 2.1 2.0 1.7 1.6 1.7 1.3 1.4 1.4 1.2 • ryoOO a e ryO$i ho,�o ryo,\ ryO^ry ryo, , ryo^O Middle School t• High School Submitted into the public 2014 FYTS _ nr3 2 _ C; y \;:;k Fact Sheet 8: Tobacco Use on School Property Page 2 Saw Students Smoke on School Property In 2014, high school students (34.8%) were significantly more likely than middle school students (13.4(3/0) to see students smoking on school property in the past 12 months (Figure 4). High school students were significantly more likely to observe smoking on school property than middle school students. The proportion of students observing this behavior did not vary significantly by sex among middle school and high school students. Saw Adults Smoke on School Property In 2014, high school students (16.2%) were significantly more likely than middle school students (14.0%) to see teachers, staff, or other adults smoking on school property in the past 12 months (Figure 5). High school males were significantly more likely than high school females to see adults smoke on school property. The proportion of students observing this behavior did not vary significantly by sex among middle school students. Saw Students Chew Tobacco on School Property In 2014, high school students (39.4%) were significantly more likely than middle school students (11.2%) to see students use chewing tobacco on school property in the past 12 months (Figure 6). High school males were significantly more likely than high school females to see students chew tobacco on school property. The proportion of students observing this behavior did not vary significantly by sex among middle school students. Saw Adults Chew Tobacco on School Property In 2014, high school students (9.5%) were significantly more likely than middle school students (4.0%) to see teachers, staff, or other adults use chewing tobacco on school property in the past 12 months (Figure 7). Males at both school levels were significantly more likely than females at both school levels to see adults chew tobacco on school property. c 40 35 - 30 - 25 - 20 15 - 10 5- Figure 4. Saw Students Smoke on School Property Middle School 34.8 34.5 34.9 1 High School o Florida ❑ Female • Male c e Q. a 30 20 - 10 0 Figure 5. Saw Adults Smoke on School Property 16.2 t 14.4 18.0 Middle School High School °Florida ❑Female •Male 50 - 40 - 30 - 20 10 Figure 6. Saw Students Chew Tobacco on School Property 11.2 11.0 11.4 ■ 39.4 36 9 41.8 1 Middle School High School °Florida ❑Female •Male 20 15 Figure 7. Saw Adults Chew Tobacco on School Property 4.0 5.3 2.7 ■ 13.0 Middle School High School oFlorida oFemale •Male The prevalence estimates and 95% confidence intervals (95% CI) were calculated using SAS 9.3. The difference in prevalence between two different populations or between two different years is statistically significant if the 95% confidence intervals of the two prevalence estimates do not overlap. For more information about the FYTS, please contact the Chronic Disease Epidemiology, Surveillance, and Evaluation Section at (850) 245-4401. You can also visit our website at www.floridahealth.gov/statistics-and-data/survey-data/fl-youth-tobacco-survey/index.html. I 11 1 1 • • City and County Candy Flavored Tobacco Resolutions SANTA ROSA Resolutions by County: Alachua: Alachua County, Gainesville, Hawthorne, Archer Bay: Bay County, Callaway, Lynn Haven, Parker, Panama City, Springfield, Panama City Beach Baker: Baker County Bradford: Bradford County, Starke Brevard: Brevard County, West Melbourne, Melbourne Broward: Broward County, Coconut Creek, Lauderhill, Pembroke Pines, Cooper City, Lauderdale Lakes, Deerfield Beach, Fort Lauderdale, Pompano Beach, Wilton Manors, North Lauderdale, Oakland Park, Plantation, Margate, Davie, West Park, Sunrise, Dania Beach, Westin, Southwest Ranches, Miramar Calhoun: Calhoun County, Blountstown Charlotte: Charlotte County, Punta Gorda Citrus: Citrus County OKALOOSA HOLMES WASHINGTON BAY JACKSON CALHOUN GULF Leon: Le w lahassee Levy: Levy Cou , Bronson, Williston, Inglis, Cedar Key, Otter Creek Liberty: Liberty County Madison: Madison County, Madison, Greenville, Lee Manatee: Manatee County, Bradenton, Longboat Key Marion: Marion County, Ocala Martin: Martin County, Stuart Miami -Dade: Aventura, Bal Harbor, El Portal, Hialeah, Hialeah Gardens, Miami Beach, Miami Gardens, Miami Springs, Clay: Clay County, Green Cove Springs, Orange Park North Bay Village, North Miami, North Miami Beach, West Miami.. Collier: Collier County, Naples, Everglades City, Marco IslandSweetwater, Miami Shores, Homestead, Florida City, Doral, Columbia: Columbia County, Lake City, Fort White DeSoto: DeSoto County, Arcadia Dixie: Dixie County, Cross City Duval: Baldwin, Jacksonville Beach, Neptune Beach, Jacksonville, Atlantic Beach Escambia: Escambia County, Pensacola, Century Flager: Palm Coast, Bunnell, Flagler Beach Franklin: Franklin County, Apalachicola, Carrabella Gadsden: Gadsden County, Havana, Quincy, Gretna, Midway, Greensboro Gilchrist: Gilchrist County Glades: Glades County, Moore Haven ulf: Gulf County, Wewahitchka, Port Saint Joe Hamilton: Hamilton County, Jennings, White Springs, Jasper Hardee: Hardee County, Wauchula, Zolfo Springs, Bowling Green Hendry: Hendry County, LaBelle, Clewiston Hernando: Hernando County, Brooksville Highlands: Highlands County, Sebring, Avon Park, Lake Placid Hillsborough: Hillsborough County, Tampa, Temple Terrace, Plant City Holmes: Holmes County, Bonifay, Esto, Ponce de Leon, Westville, Noma Indian River: Indian River County, Sebastian Jackson: Jackson County, Jacob City, Bascom, Graceville, Grand Ridge Jefferson: Jefferson County, Monticello Lafayette: Lafayette County Lake: Lake County, Clermont, Eustis TAYLOR G ALTON DIXIE Opa-Locka, Biscayne Park, Coral Gables Monroe: Key West, Village of Islamorada, Marathon Nassau: Nassau County, Fernandina Beach, Hilliard, Callahan Okaloosa: Okaloosa County, Fort Walton Beach, Crestview Laurel Hill Okeechobee: Okeechobee County, Okeechobee Orange: Winter Garden Osceola: Osceola County, Kissimmee, St. Cloud Palm Beach: Bell Glade, Jupiter, Pahokee, Palm Springs, Riviera Beach, South Bay, West Palm Beach, Palm Beach Gardens, Lake Park, Tequesta Pasco: Pasco County, San Antonio GILCHRIST Pinellas: Pinellas County, St. Petersburg, Indian Rocks, Pinellas Park, Safety Harbor, Dunedin Polk: Polk County, Lakeland, Mulberry, Bartow, Haines City Putnam: Putnam County, Crescent, Palatka, Interlachen Santa Rosa: Santa Rosa County, Gulf Breeze, Milton, Jay Sarasota: Sarasota County, North Port, Venice, Sarasota, Longboat Key Seminole: Lake Mary, Casselberry, Sanford, Longwood, Oviedo St. Johns: Hastings St. Lucie: St. Lucie County, Port St. Lucie, Fort Pierce Sumter: Bushnell, Webster, Wildwood Suwannee: Suwannee County, Live Oak, Branford Taylor: Taylor County, Perry Union: Union County, Lake Butler Volusia: Volusia County, Port Orange, Daytona Beach, DeLand, Deltona, Holly Hill, New Smyrna Beach, Orange City Wakulla: Wakulla County, Sopchoppy Walton: Walton County, DeFuniak Springs, Freeport Washington: Washington County, Chipley, Ebro, Vernon, Wausau, Garyville ALACHUA MARION SUMTER SBOROUGH MANATEE SARASOTA PUTNAM HARDEE DESOTO Legend City Resolutions: Pink County Resolutions: Both City and County Resolutions: ' ,_ i e FLAGLER VOLUSIA SEMINOLE ORANGE OSCEOLA HIGHLANDS GLADES HENDRY COLLIER MONROE BREVARD IND AN RIVER 'bFF ST LUCIE MARTIN PALM BEACH BROWARO a' ��-a1®� Updated: September 11, 2014 • • • Submitted into the public record for item(s)PA 4 V- on 1'� • j • 1. City Clerk RESOLUTION # 2014-23 RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA, STRONGLY URGING LOCAL RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND MARKETING FLAVORED TOBACCO PRODUCTS BECAUSE SUCH PRODUCTS TEND TO PROMOTE AND INFLUENCE TOBACCO USE BY MINORS AND YOUNG ADULTS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, tobacco use is the number one cause of preventable death in the United States, and almost 90 percent of adults who use tobacco began using it before the age of 18; and WHEREAS, each day, more than 4,000 young people try smoking for the first time, and over 1000 become regular daily smokers; and WHEREAS, an estimated one-third of adolescent experimentation with smoking can be directly attributed to tobacco advertising and promotional activities; and WHEREAS , internal tobacco industry documents strongly suggest that manufacturers intentionally target youth through tthe use of candy -like flavors in tobacco products; and WHEREAS, tobacco companies use youth -oriented colorful and stylish packaging, and exploit adolescents' attraction to candy flavors with names such as "Mandarin Mint," Winter Warm Toffee," and "Twista Chill;" and WHEREAS, the Master Settlement Agreement reached in 1998 between state Attorneys General and - major tobacco .com parries forbids cigarette manufacturers from directly or indirectly targeting youth in advertising, marketing and promotion of tobacco products or to take any act ion to initiate, maintain or increase smoking by young people and Page 1 of 3 Resolution # 2014-23 • • Submitted into the public record for item(s) *PA-. 1_ on 1 Z• 1 I • It . City Clerk WHEREAS, on September 22, 2009, the fed era l Family Smoking Prevention and Tobacco Control Act ("Act") went into effect, i mposing a ban on the sale of cigarettes containing certain flavors, herbs, or spices, including strawberr y, grape, orange, clove, cinnamon, pineapple , vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee; and WHEREAS, the Act does not include a ban on menthol cigarettes or other types of flavored tobacco products such as cigars, cigarillos, hookah, spit tobacco, snus, chewing tobacco, pellets, twisted sticks, film strips, or smokeless tobacco products; and WHEREAS, national studies have fou nd that the vast majority of people who are using the flavored tobacco products are minors and young adults. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST MIAMI, FLORIDA, THAT: Section 1. The foregoing facts and recitations contained in the preamble of this Resolution are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Mayor and the City Commission of the City of West Miami, Florida strongly urge all local retailers cease the sale and marketing of an flavored tobacco products, including but not limited to cigarettes, cigars, and smokeless tobacco products pre pared in such a manner with the purpose of chewing, inhaling, smoking or ingesting in any manner. PASSED AND ADOPTED this 7th day of May 2014. ATTEST: L.NYwu (tot, ANNERY GONZALEZ, CITY CLERK APPROVED: EDUARDO MUHINA, MAYOR Page 2 of 3 Resolution # 2014-23 APPROVED AS TO FORM AND SUFFICIENCY: JOSE A. VILLALOB ORNEY ROLL CALL VOTE: MAYOR EDUARDO H. MUHINA Y VICE -MAYOR JUAN M. BLANES Y COMMISSIONER CANDIDA BLANCA Y COMMISSIONER RHONDA A. RODRIGUEZ Y COMMISSIONER LUCIANO L. SUAREZ ABSENT • Page 3 of 3 Resolution # 2014-23 • Submitted into the public record for item(s) _ P R. A on 12 1 . L} . City Clerk • • Submitted into the public record for item(s) _ P on t 1 • . City Clerk ORDINANCE NO. 41 -11- 21 14 An Ordinance prohibiting the sale of tobacco products that contain additives that mask the natural characteristics of tobacco. Whereas, on June 22, 2009, the president of the United States signed public law 111-31 titled Family Smoking Prevention and Tobacco Control Act in which the United States Congress made findings of fact concerning the dangers of tobacco use, all which is set forth as follows: (1) The use of tobacco products by the Nation's children is a pediatric disease of considerable proportions that results in new generations of tobacco -dependent children and adults. (2) A consensus exists within the scientific and medical communities that tobacco products are inherently dangerous and cause cancer, heart disease, and other serious adverse health effects. (3) Nicotine is an addictive drug. (4) Virtually all new users of tobacco products are under the minimum legal age to purchase such products. (5) Tobacco advertising and marketing contribute significantly to the use of nicotine - containing tobacco products by adolescents. (6) Because past efforts to restrict advertising and marketing of tobacco products have failed adequately to curb tobacco use by adolescents, comprehensive restrictions on the sale, promotion, and distribution of such products are needed. (13) Tobacco use is the foremost preventable cause of premature death in America. It causes over 400,000 deaths in the United States each year, and approximately 8,600,000 Americans have chronic illnesses related to smoking. (14) Reducing the use of tobacco by minors by 50 percent would prevent well over 10,000,000 of today's children from becoming regular, daily smokers, saving over 3,000,000 of them from premature death due to tobacco -induced disease. Such a reduction in youth smoking would also result in approximately $75,000,000,000 in savings attributable to reduced health care costs. Page 1 of 6 Ord. No. 41-11-2114 • • Submitted into the public record for item(s) Per .r on i1 • I l -. City Clerk (15) Advertising, marketing, and promotion of tobacco products have been especially directed to attract young persons to use tobacco products, and these efforts have resulted in increased use of such products by youth. Past efforts to oversee these activities have not been successful in adequately preventing such increased use. (16) In 2005, the cigarette manufacturers spent more than $13,000,000,000 to attract new users, retain current users, increase current consumption, and generate favorable long-term attitudes toward smoking and tobacco use. (17) Tobacco product advertising often misleadingly portrays the use of tobacco as socially acceptable and healthful to minors. (18) Tobacco product advertising is regularly seen by persons under the age of 18, and persons under the age of 18 are regularly exposed to tobacco product promotional efforts. (19) Through advertisements during and sponsorship of sporting events, tobacco has become strongly associated with sports and has become portrayed as an integral part of sports and the healthy lifestyle associated with rigorous sporting activity. (20) Children are exposed to substantial and unavoidable tobacco advertising that leads to favorable beliefs about tobacco use, plays a role in leading young people to overestimate the prevalence of tobacco use, and increases the number of young people who begin to use tobacco. (21) The use of tobacco products in motion pictures and other mass media glamorizes its use for young people and encourages them to use tobacco products. (23) Children are more influenced by tobacco marketing than adults: more than 80 percent of youth smoke three heavily marketed brands, while only 54 percent of adults, 26 and older, smoke these same brands. (24) Tobacco company documents indicate that young people are an important and often crucial segment of the tobacco market. Children, who tend to be more price sensitive than adults, are influenced by advertising and promotion practices that result in drastically reduced cigarette prices. Page 2 of 6 Ord. No. 41-11-2114 Submitted into the public record for item(s) _ Q r on 12 i i . i - . City Clerk (31) *** An overwhelming majority of Americans who use tobacco products begin using such products while they are minors and become addicted to the nicotine in those products before reaching the age of 18. Tobacco advertising and promotion play a crucial role in the decision of these minors to begin using tobacco products. **** (33) Tobacco dependence is a chronic disease, one that typically requires repeated interventions to achieve long-term or permanent abstinence. (34) Because the only known safe alternative to smoking is cessation, interventions should target all smokers to help them quit completely. (38) As the National Cancer Institute has found, many smokers mistakenly believe that 'low tar' and 'light' cigarettes cause fewer health problems than other cigarettes. As the National Cancer Institute has also found, mistaken beliefs about the health consequences of smoking 'low tar' and 'light' cigarettes can reduce the motivation to quit smoking entirely and thereby lead to disease and death. (39) Recent studies have demonstrated that there has been no reduction in risk on a population -wide basis from 'low tar' and 'light' cigarettes, and such products may actually increase the risk of tobacco use. (41) As the Federal Trade Commission has found, consumers have misinterpreted advertisements in which one product is claimed to be less harmful than a comparable product, even in the presence of disclosures and advisories intended to provide clarification. **** (46) If manufacturers state or imply in communications directed to consumers through the media or through a label, labeling, or advertising, that a tobacco product is approved or inspected by the Food and Drug Administration or complies with Food and Drug Administration standards, consumers are likely to be confused and misled. Depending upon the particular language used and its context, such a statement could result in consumers being misled into believing that the product is endorsed by the Food Page 3 of 6 Ord. No. 41-1 1-21 14 • • • Submitted into the public record for item(s) _ -v n on 11.1 . City Clerk and Drug Administration for use or in consumers being misled about the harmfulness of the product because of such regulation, inspection, approval, or compliance. (47) In August 2006 a United States district court judge found that the major United States cigarette companies continue to target and market to youth. USA v. Philip Morris, USA, Inc., et al. (Civil Action No. 99-2496 (GK), August 17, 2006). (48) In August 2006 a United States district court judge found that the major United States cigarette companies dramatically increased their advertising and promotional spending in ways that encourage youth to start smoking subsequent to the signing of the Master Settlement Agreement in 1998. USA v. Philip Morris, USA, Inc., et al. (Civil Action No. 99-2496 (GK), August 17, 2006). (49) In August 2006 a United States district court judge found that the major United States cigarette companies have designed their cigarettes to precisely control nicotine delivery levels and provide doses of nicotine sufficient to create and sustain addiction while also concealing much of their nicotine -related research. USA v. Philip Morris, USA, Inc., et al. (Civil Action No. 99-2496 (OK), August 17, 2006). Whereas, the Mayor and City Commission desire to discourage the unhealthy practice of smoking tobacco products and to help prevent the addiction to nicotine, especially to by young people; and Whereas, flavored tobacco products mask the harsh taste and flavor of tobacco products and encourage people to use the product and to become addicted to the nicotine contained in tobacco products. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I.: Chapter 12, Health and Sanitation, Article I is hereby amended to add a new section 12-21, titled Tobacco Control as follows: "Section 12-21. Tobacco Control. The sale or possession with the intent to sell or for the purpose of selling any tobacco products (including but not limited to snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus, shisha tobacco, smoking or snuffing tobacco, cigarettes, cigars, smokeless tobacco products and blunt wraps prepared in such a manner and with the purpose of ingesting tobacco or nicotine by chewing, inhaling or smoking) that contain any additional substance ("additive") , including but not limited to natural or artificial favoring (other than tobacco or menthol) that masks or reduces the natural characteristics of tobacco by affecting its favor, smell or taste, is hereby prohibited. Page 4 of 6 Ord. No. 41-1 1 -21 14 • • • Submitted into the public record for item(s) on .W City Clerk (a) An offender of this ordinance shall be given a warning citation for the first offense. An offender includes the person who sells the product as well as his or her employer and all persons who control the individual who sells or who has custody or control of the product with the intent to sell or for the purpose of selling the prohibited product. A person includes individuals, legal entities and all persons or groups of people (such as associations) or who have control of the person who violates this ordinance. (b) An offender who violates this ordinance a second time, after being given a warning for the first offense, shall be fined in the amount as set forth in the City's Fee Schedule for a violation of this ordinance. (c) An offender, who violates this ordinance three (3) times or more, shall be fined three (3) times the amount that is set forth in the City's Fee Schedule for a violation of this ordinance. (d) The fine imposed by this ordinance shall be enforced in accordance with the procedure set forth in section 2-25, of the City's Code of Ordinances, where applicable. Section 1: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 4. Effective Date. This ordinance shall become effective three months after enactment. PASSED AND ENACTED this 6th day of December . , 2011. ATTEST: APPROVED: AY CIT? CLERK 1 st Reading 2nd Reading Page 5 of 6 Ord. No. 41-11-2114 • • • READ +DAPPROVED S LAND ,0'E, LEGALIT CUTL6N THE'oy CITY. TTO' / 1 Submitted into the public record for item(s) _ • on t L -II .19' • City Clerk COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: w:\my documents\resolutions\ordinance banning flavored tobacco products-2 revised 11-10-11.doc Page 6 of 6 4-0 Yea absent Yea Yea Yea • • MIAMi DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miaml.Dade County, Florida STATE OF FLORIDA COUNTY OF M1AM1-DADS: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 12/6/2011 in the XXXX Court, was published in said newspaper in the issues of 11/25/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in saki Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither p.. • : :. ed any person, firm or corporation any disoou e+ate, commissio or refund for the purpose of se e + sement fo .ublication in the said subscribed before me this (SEAL) MARIA MESA personally known to me .,;„V . B. THOMAS Commission #t DD 937532 i0 c Ex N irbei2 2013 ,�,+�i rf1,�l<•`';Z' BooEd Slw'rwP4atittanw 834385-7019 Submitted into the public record for item(s) _ 'p f} i I on 3 % • I I • 14 . City Clerk ' IdaS S,, 5OS ofr4*moil:��ii�ea,te 11aa , • vi• `i(S'r aikP9r 6asVe wlji<negkfa'r cod oflhe r , t r a do is : ?P,sur ti[iigt# ariY1 6. if .to ' .' 1".. � Too. i verbatim?fpotoeQ?i>fiidt5c" 1148 ".;*. `:'•t.t,._:$ef`ri:' • THE MIAMI HERALD j MiamiHeraid.com SE SUNDAY, NOVEMBER 27, 2011 43SE 111 NEIGHBORS CALENDAR • CALENDAR, FROM 425E every lust Wednesday of each month. 'English Aizheirnet's Telephone Support Group: Register for next eight -week session. 'Caregiver Support Group: Regis- ter (or next eight -week session- 1 o,m. Dec. 7. Caregiver Resource Center, 8400 NW. 33rd St Suite 400,, Free. 30S-716.0710. wvm.unitedhoinecaresom. Venetian Pool: A Veneuen-style lagoon carved out of coral rack, this historic landmark and swimming pool features Caves. Stone bridges and waterfalls. 10 a.m. Nov. 27. Venetian Pool. 2701 De Soto Siva.. Coral Gables. admission is Sit S7.35 kids 342: Coral Gables residents $630, $3,95 kids 3-12. Kids 2 and under are not allowed in the pool, 305-460-5306. www.coralgablesvenedanpoolcom. V'0lon Launch: tauntftrnyvisioacom is hosting a groundbreaking event providing a platform for leaders, artists, musicians. and entrepreneurs to put their visions In motion by sharing them with hundreds of Ike -minded individutis_ 6 pm, Oec 10. Damian B. Content- porary Att Center, 282 NW 36th St., Wynwood. Free. 305-494-5634. vnmiaunch rm/visf on.com. Wings Over Miami Air Museum: Displays WWII aircraft, artifacts and memorabilia; 10 am{5 p.m. Wednes- day -Saturday and noon-5 pm. Sunday, Monday and Tuesday dosed 10 am. Nov, 27. Wings over Miami Air Museum, 14710 SW 128th 5t, Kendall. 510, 5T seniors 61 and up. 56 kids 12 and under. 305-233-5197. wv wwingsovermiami.com Yoga Meditation Class: Learn a simple, effective tray to meditate light yoga and relaxation are part of doss. InsWctoc Lawrence Huff- 10:30 a.m. Dec 17. Coral Gables Branch Library, 3443 Segovia St, Coral Gables. free. 305-926.3576. ilovemeditationnet. 'Yoga aad Meditation Class: CoMa05i Lawrence Huff for more information: 7 pet Oec. 7. West Dade Regional Library, 9445 Cora/ Way.. free. 305-926.3578. ifaerneditationnet. Yoga by the Sea at The Barnacle: Restorative yoga practice, class for an levels and Is held on grassy front lawn of The Barnacle overlooking Biscayne Bay. In case of rain, das31 meets in the Mscco Pavilion, Bring mat, bloats and o strap.. 6 curt. Nov. 28, The Barnacle f Historic State Park, 3485 Main Hwy, Coconut Grove. $13 per class, in - etudes park entrance lee, limited i Parking inside park, carpooling reconmlendee f loridastateparks.org/tnebarnade% DANCE A Whavllle Christmas / Maria Verdela Scholl Of The Arts: 730 pm. Dec.8. Miami -Dade County Auditorium, 2901 W. Ragler St, West little Havana 524. Alvin Alley American Dance Theatre: 8 p.m. Feb. 23. Knight Concert Hall At The Adrienne Anil Center,1300 Biscayne Blvd., Mc-d1e and Entertain- ment District Ballroom Dance: Ballroom dancing lessons wig be heed every monday to DJ Victors 'Gotta Dance Music". includes minis, line dances and refreshments_ 7 pin. NOv 28. 51 Matthews Episcopal Church, 7410 Sunset Drive. South Mlam1. $2 Suggested Dona- tion. 305-667.7715. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, December 6, 2011, beginning at 7:30 pm., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item{s): An Ordinance amending the Land Development Code to create a new Article XI, tided "Historic Preservation Regulations' and to place all current regulations pertaining to historic preservation into Article Xl; amending Section 20-6.1 (D) to change the procedure • and criteria for appointing Historic Preservation Board members; amending all regulations pertaining to historic preservation found in Sections 20-4.9, 20-4.11, 20-5.17, 20-5.18 and 20-5.19 to update the wording, modifying certain provisions related to the guidelines concerning historic preservation designation, amending historic designation report elements, amending the procedure for issuance of a demolition permit and appropriately renumbering all of these Sections for infusion in Article Xl. An Ordinance prohibiting the sale of tobacco products that contain additives that mask) the natural characteristics of tobacco. A Resolution to execute a 36 month lease agreement with Oce' North America, through the State of Florida Contract H600-000-11-1, for Canon copier equipment, service, and selected supplies for the "City of South Miami." ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk pursuers to Florida Statutes 286.0105. the City hereby advisee the public that if a person decides to appeal arty decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she Win need a record of the proceedings, and that for such purpose, affected parson may flood to ensure that averbatim record o1 the proceedings is made which record includes the testimony and eviidoesce upon which the appeal Is to be based. CITY OF OPA-LOCKA RFP NO:11-1912100 CITYWIDE SIDEWALK REHABILITATION AND CONSTRUCTION Proposals for Citywide Sidewalk Rehabilitation and Construction will be received by the City of 0pa-locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, 0pa-focka, Florida 33054, Monday, December 19, 2011 at 1:00 PM. Any proposals received after the designated closing time wi6 be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide construction services to the City of Opa-locka for the repair and/or replacement and construction of sidewalk throughout the City. A mandatory pre -bid meeting will be held on Tuesday, Decemberl3, 2011 at 10:00 AM at 780 Fisherman Street, 2nd floor, 0pa-locka, Fl 33054. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of 0pa-locks, Florida, and marked Citywide Sidewalk Rehabilitation and Construction. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4111 Floor, 0pa-locka, Florida 33054, Telephone (305) 953-2868 or copies of the RFP N0:11-1912100 requirements may also be obtained by visiting the City's website at vnvw.opatockaf.gov, (click RFC /PROPOSALS" located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or Irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP N0:11-1912100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Deborah S. Irby, CMC City Clerk CITY OF OPA-LOCKA RFP NO: 11-2012100 NW 143 Street Drainage and Roadway Improvements Proposals for NW 143 Street Drainage and Roadway Improvements will be received by the City of 0pa-locka at the Office of the City Clerk, 780 Fisherman Street, 4', Floor, Opa-locka, Florida 33054, Tuesday, December 20.2011 by 1:00 a,m, Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide construction services to the City of Opa-locka for NW 143 Street Drainage and Roadway Improvements, A mandatory Pre -Bid meeting Is scheduled for Thursday. December 15.2011 at 10:00 AM 780 Fisherman Street, 2'4 Floor, Opa-locka, FL 33054. An original and five (5) copies a total of six (8) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-locka, Florida, and marked NW 143 Street Drainage and Roadway Improvements. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4r Floor, Opa-tocka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 11-2012100 requirements may also be obtained by visiting the Clty's website at www.opalockafl.gov, (click "RFCUPROPOSALS° located on the right hand side of the .screen and follow the Instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP N0:11-2012100 requirements. Proposers may not withdraw their proposal for a period of ninety (80) days from the date set for the opening thereof. Deborah S. Irby, CMC City Clerk