Morning Briefing
Summaries of health policy coverage from major news organizations
San Francisco Becomes First City In Nation To Ban Sale Of E-Cigarettes, Possibly Leading The Way For Others
San Francisco will become the first major city in the United States to ban the sale of e-cigarettes as officials look to control the rapid uptick in teenage use of nicotine devices made by companies such as Juul Labs Inc. The San Francisco Board of Supervisors approved the ordinance on Tuesday, banning the sale and distribution of e-cigarettes until they have approval from the U.S. Food and Drug Administration. (6/25)
The ordinance says "no person shall sell or distribute an electronic cigarette to a person in San Francisco" unless that product has undergone premarket review by the US Food and Drug Administration. To date, none have. This includes sales in brick-and-mortar stores, as well as online sales shipped to a San Francisco address. The ordinance also applies to flavored tobacco products in addition to e-cigarettes. The measure does not ban the use of vapes among people 21 and older. (Nedelman, 6/25)
Weve worked for decades to decrease tobacco usage and try to end nicotine addiction, said Shamann Walton, a member of the board of supervisors and a co-author of the bill, which will go into effect 30 days after it is signed by the mayor. Now you have this device loaded with nicotine and chemicals thats drawing people to addiction. We need to keep it out of the hands of young people. Passage of the bill was praised by anti-tobacco advocates and the American Heart Association, among other health organizations. (Fuller, 6/25)
City Attorney Dennis Herrera weighed in with a statement last week after the city board supported the measure in its preliminary vote. "If the federal government is not going to act to protect our kids, San Francisco will," Herrera said. "E-cigarettes are a product that, by law, are not allowed on the market without FDA review. For some reason, the FDA has so far refused to follow the law. Now, youth vaping is an epidemic, Herrera said, encouraging Juul and other e-cigarette companies to prove that their products are a benefit to public health "rather than a lure to addict another generation." (Cerullo, 6/25)
San Francisco is a city that celebrates its marijuana culture, but it appears deeply opposed to other vices. Last year, voters approved a ban on the sale of flavored tobacco and in 2016, a tax on sugar-sweetened drinks. E-cigarette maker Juul Labs, which is based in San Francisco, says it is opposed to youth vaping. The company is working on a ballot initiative that would regulate but not ban e-cigarette sales. (6/25)
Juuls push to secure a San Francisco ballot initiative that would preserve the companys right to continue selling e-cigarettes in the city over the wishes of city officials is being criticized by tobacco control advocates and legal experts as a familiar tactic taken by tobacco companies, which for decades sought to block or overturn local tobacco regulations that threatened their profits. If the Juul-authored initiative garners enough signatures to get on the November ballot and is approved by voters, it would trump legislation the Board of Supervisors passed Tuesday that bans the sale of e-cigarettes in stores and bars e-cigarettes bought online from being delivered to San Francisco addresses. (Ho, 6/25)
Aimed at combating the rise in teen vaping, the ban would take effect seven months after the mayor signs the ordinance. Under the measure, violators could be subject to a $1,000 fine or other penalties. It would remain in place until the Food and Drug Administration approves the marketing of e-cigarettes. The FDA has given e-cigarette companies, including Juul Labs Inc., until 2022 to submit their products for a health review. (Ansari, 6/25)
The United States Public Interest Research Group commended the San Francisco measure in a statement.San Franciscos lawmakers have done what the FDA should have done years ago: ensure that e-cigarettes undergo the appropriate health review before hitting the shelves," campaign director MattWellington said."With the rampant rise in e-cig use among our kids, its clear the agency made a bad call by letting e-cigarettes remain on the market." (Lam, 6/25)
San Francisco Supervisor Shamann Walton, who co-authored the legislation, sees it as part of a long-term battle against the effects of smoking. We spent a few decades fighting big tobacco in the form of cigarettes, Walton said. Now we have to do it again in the form of e-cigarettes. (Klivans, 6/25)
An undercover operation in California found that half of tobacco and vape shops failed to check IDs for teens purchasing e-cigarettes and other nicotine products, despite a state law raising the legal age for purchasing tobacco products to 21. Researchers sent 18- and 19-year-old "decoys" into stores without ID, instructing them to tell the truth about their age if asked. The teenagers then attempted to purchase vape products -- e-cigarettes or e-liquids with nicotine -- and a chaperone watched to see if the store asked for ID and made a sale. (Azad, 6/24)
