E-cigarettes, vaping products won’t be for sale in these 2 SLO County cities next year
Two San Luis Obispo County cities passed bans on the sales of vaping products Tuesday night, becoming the first cities to do so in the region.
Both Arroyo Grande and Morro Bay city councils passed bans on the sale of vaping-related products at their meetings on Tuesday. Barring any changes during the second readings, those bans will go into effect in early 2020.
The bans come at a time of increased awareness about the potential health risks of vaping, especially among teens.
The federal Centers for Disease Control and Prevention and U.S. Food and Drug Administration are currently investigating a multi-state outbreak of lung injury associated with e-cigarette use.
The products, though often marketed to adults as a way to reduce the risks of traditional cigarettes, contain nicotine and come in what some critics say are “kid-friendly flavors” like cotton candy and “Unicorn Vomit.”
In California, the minimum age to buy tobacco products is 21, but recent studies indicate that roughly 20% of high school students use e-cigarettes, also known as “vapes.” That number is up significantly from 2017.
Morro Bay passes vaping ban, tobacco license program
On Tuesday night, the Morro Bay City Council passed a ban on sales of vaping products that is expected to take effect in April.
The Morro Bay council also passed a tobacco retailer license program, set to take effect in 2021, which is designed to set licensing fees for tobacco retailers to help pay for costs such as preventing tobacco sales to minors.
The council, which voted 4-1 with Councilwoman Marlys McPherson casting the sole “no” vote, favored the comprehensive new ordinance designed to improve public health.
Morro Bay received a grade of “D” for its anti-smoking efforts in late 2018 from the American Lung Association, which identified several areas in which Morro Bay could improve its score, including a smokefree policy for multi-unit housing units.
“We heard from several people who supported this, including high school students who spoke about the impacts of vaping on people their age,” Morro Bay city manager Scott Collins said. “It’s hard to put a price tag on the health of our children.”
McPherson said she feels vaping is a personal choice for adults who wish to consume e-cigarettes — thus her “no” vote.
The Morro Bay council issued its vote on the first reading of the ordinance and is expected to meet again Dec. 10 to formalize the new policy.
E-cigarettes are consumed by people who inhale an aerosol that have been found to contain chemicals that can include nicotine, flavors and other substances.
More than 1,300 cases of lung illnesses relating to vaping have been reported in hospitals, health clinics and emergency rooms nationwide, including with at least 26 vaping-related deaths, a Morro Bay staff report noted.
A grace period to inform retailers and make the public aware of the vaping sales ban means the retail prohibition is scheduled to take effect on April 10, 2020, Collins said.
The grace period to implement 2021 tobacco license program “will provide time for city staff to establish the program, determine and set licensing fees, and disseminate information to tobacco retailers about the new licensing program,” according to a city staff report.
Prohibitions on smoking in multi-unit residences are scheduled to go into effect March 15, 2020 as part of the new ordinance.
Arroyo Grande bans sale of vape products — but excludes online sales
One of the first local cities to raise the issue of a retail-based vaping ban, the Arroyo Grande City Council unanimously chose to pass an ordinance Tuesday night banning the sale of e-cigarette products within city limits.
The ban was in a large part inspired by Arroyo Grande Mayor Caren Ray-Russom, who said that she has seen an increase in vaping use among high school students (Ray-Russom is a teacher at Santa Maria High School.)
“I’m on the front lines,” Ray Russom told The Tribune in October interview. “I see it every day, and I can say it is horrifying.”
The ban “prohibits the sale and distribution of electronic cigarettes and vaping products that require, but have not received, a Food and Drug Administration order approving their marketing,” according to a city staff report.
Notably the ban does not apply to online sales of such products that occur within the city.
Some council members were concerned that allowing online sales would still create too much opportunity for local teens to buy and perhaps even sell vape products to their peers.
“We also need to take a look at the rest of the residents in Arroyo Grande,” Councilwoman Lan George said during discussion. “If we have residents that we are putting out because now they can’t go to a location to buy it, but they can’t buy it online too, then we are also doing a disservice too to the rest of the residents.”
The Arroyo Grande council approved the ordinance Tuesday night, but it must come back before the council for a second reading for final approval at its next meeting Nov. 26.
Once approved, the ordinance would go into effect after three months, meaning the products can no longer be on shelves by the start of March.
The council also approved an ordinance making it illegal for a person under the age of 21 to posses tobacco products or paraphernalia. That ordinance would go into effect 30 days after its final reading Nov. 26.
This story was originally published November 13, 2019 at 5:34 PM.
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