File #: 2019-990    Version: 1 Name:
Type: Discussion Status: Agenda Ready
File created: 10/28/2019 In control: City Council
On agenda: 11/5/2019 Final action:
Title: CONSIDERATION OF A RESOLUTION NO. 19-178 OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING DIRECTION TO CITY STAFF AND THE CITY ATTORNEY'S OFFICE TO PREPARE NEW REGULATIONS PROHIBITING, FOR THE PROTECTION OF PUBLIC HEALTH AND SAFETY, THE SALE OF ELECTRONIC CIGARETTES IN THE CITY OF CARSON PENDING FDA APPROVAL (CITY COUNCIL)
Attachments: 1. Resolution No. 19-178, 2. Ordinance No. 19-1937
Report to Mayor and City Council
Tuesday, November 05, 2019
Discussion


SUBJECT:
Title
CONSIDERATION OF A RESOLUTION NO. 19-178 OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROVIDING DIRECTION TO CITY STAFF AND THE CITY ATTORNEY'S OFFICE TO PREPARE NEW REGULATIONS PROHIBITING, FOR THE PROTECTION OF PUBLIC HEALTH AND SAFETY, THE SALE OF ELECTRONIC CIGARETTES IN THE CITY OF CARSON PENDING FDA APPROVAL (CITY COUNCIL)

Body
I. SUMMARY

This item is on the agenda at the request of Councilmember Dear. Electronic cigarettes or "vapes" have recently been linked to numerous lung injuries and deaths throughout the U.S. Despite the reported injuries and deaths, the Food and Drug Administration ("FDA") has not yet analyzed the appropriateness of such products or other electronic nicotine delivery systems (hereinafter "E-Cigarettes") for public safety or approved them for commercial distribution.
Due to the risks associated with use of E-Cigarettes, the City Council may wish to consider ways in which the City can regulate E-Cigarettes to better protect the public health and safety of the City's residents, and especially its youth.
One option available to the City, as proposed by Councilmember Dear, is to prohibit the retail sale of E-Cigarettes in the City until the FDA determines that they are appropriate for the public health and approves them for distribution in interstate commerce. This option is currently being pursued by the City of Los Angeles pursuant to a motion of one of its city councilmembers, but that city has not adopted final regulations as of yet.
The proposed resolution (Exhibit 1) would direct staff to prepare regulations to prohibit the retail sale of E-Cigarettes (including vapes, vape pens, and other vaping devices), until the FDA analyzes these products/devices and approves them for commercial distribution based on a determination of their appropriateness for the public health.
Alternatively, other requirements could be considered to hel...

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