Label
Councilman Sykes
(Amendment)
Title
Enacting new Section 537.28 entitled "Restrictions on the Sale of Vapor Products and Electronic Smoking Devices" of the Toledo Municipal Code.
Body
SUMMARY & BACKGROUND:
Toledo City Council has become aware of a public health epidemic across the country related to the use of "vapes" and other vaping products. Particularly of concern are the disproportional effects this epidemic has had on youth that cannot legally engage in the use of nicotine delivery systems, including vapor products. Thus far, the Center for Disease Control has confirmed 2,290 cases of lung injury associated with vaping products, particularly those used with illicit substances, in 49 states. These lung injuries have caused at least 47 deaths. Therefore, Council finds it necessary to take action that makes it substantially more difficult for vaping products to end up in the hands of Toledo youth. A 2018 study from the Truth Initiative found that 74% of smokers between the ages 12 and 17 self-reported that they obtained JUUL brand vapor products from physical retail locations. A review of compliance checks that have been completed by the FDA in Ohio reveals that non-specialized retailers such as gas stations, convenience stores, grocery stores and similar businesses have a far greater number of violations relating to sale to minors. In Toledo alone, the FDA has performed at least 890 compliance checks since 2011. Of those, hundreds of violations involving the sale of products to minors occurred, but of those hundreds, only 6 violations occurred at locations that specialize in tobacco products. Of those 6, only 1 violation occurred at a location specializing in vapor products. Therefore, the majority of incidents of minors purchasing smoking devices occur at non-specialized businesses.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That a new Toledo Municipal Code Section 537.28 is hereby enacted to ...
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