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File #: 2019-1083    Version: 1 Name:
Type: Discussion Status: Agenda Ready
File created: 11/26/2019 In control: City Council
On agenda: 12/3/2019 Final action:
Title: CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 19-1940, AN ORDINANCE PROHIBITING THE SALE OF ELECTRONIC CIGARETTES AND OTHER VAPING DEVICES THAT HAVE NOT BEEN APPROVED BY THE FDA FOR INTRODUCTION INTO INTERSTATE COMMERCE (CITY COUNCIL)
Attachments: 1. Ordinance No. 19-1940, 2. Carson Municipal Code Sections
Report to Mayor and City Council
Tuesday, December 03, 2019
Discussion


SUBJECT:
Title
CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 19-1940, AN ORDINANCE PROHIBITING THE SALE OF ELECTRONIC CIGARETTES AND OTHER VAPING DEVICES THAT HAVE NOT BEEN APPROVED BY THE FDA FOR INTRODUCTION INTO INTERSTATE COMMERCE (CITY COUNCIL)

Body
I. SUMMARY

Electronic cigarettes and other vaping devices, also known as "vapes," have recently been linked to numerous lung injuries and deaths throughout the U.S. Despite the reported injuries and deaths, the U.S. Food and Drug Administration ("FDA") has not yet analyzed the appropriateness of such products (hereinafter "E-Cigarettes") for public safety or approved them for commercial marketing or distribution.
To address these risks and to protect the public health and safety of the City's residents, and especially its youth, on November 5, 2019, the City Council voted unanimously to adopt Resolution No. 19-178, directing staff to prepare regulations prohibiting the sale of E-Cigarettes in the City pending FDA approval. Pursuant to that direction, staff and the City Attorney's office have prepared the attached proposed ordinance for the Council's consideration (Exhibit 1).
The impetus for Resolution No. 19-178 was a desire to follow the action taken by the Los Angeles City Council when it approved a motion of one of its city councilmembers to provide direction to its staff to prepare regulations prohibiting E-Cigarettes pending FDA approval. However, the City of Los Angeles has not yet considered or adopted an ordinance to enact final regulations pursuant to that direction, and the draft regulations are not publicly available.
In lieu of waiting to ascertain the precise details of final regulations that the City of Los Angeles prepares or adopts, and in light of the current nationwide public health crisis being caused by vaping, the City of Carson has opted to move forward with preparation and consideration of introduction and first...

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