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Consider adopting Ordinance No. 3273 amending Chapter 46, "Miscellaneous Offenses" of the Code of Ordinances, by adding Article V, "Sale and Merchandising of Electronic Cigarettes and Liquid Nicotine to Minors", adding Sections 46-70 through 46-73; and take appropriate action.
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BACKGROUND:
In the past year to eighteen months the metroplex area has seen a proliferation of high tech smoking devices referred to as "electronic cigarettes". These devices are currently unregulated by State or Federal law. A child can legally purchase and smoke these devices.
These devices were originally marketed as a smoking cessation tool or a "healthy alternative" to smoking as they purport to not create second hand smoke. Manufacturers and marketers of e-cigarettes purposely and intentionally advertise their products as safe nicotine delivery devices. However, they offer their liquid nicotine cartridges in a variety of flavors, including cherry, chocolate , and vanilla which flavorings the Food and Drug Administration (FDA) and public health advocates warn are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes. Much is unknown about the e-cigarette, including the potential health risks. It is unknown the nicotine content of the devices but it is known that nicotine is highly addictive.
These devices began appearing in "smoke shops" but due to the popularity, convenience stores, gas stations, and even large box stores are now selling them. Several cities in our area have passed or are planning to pass similar ordinances prohibiting the sale to minors.
This ordinance will provide a ban on the sale of e-cigarettes and liquid nicotine and like products to persons under the age of 18, a prohibition on self-service merchandising in the retail sale of e-cigarettes, liquid nicotine, and like products in order to minimize their physical accessibility to minors, and the prohibiti...
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