NATO®
TO: NATO Local Initiative Group
FROM: Josh Pruett, NATO Local Consultant
Date: June 6, 2023
City/State: Golden, CO
Kind of Ordinance Restrictions: Potential ban on the sale of flavored tobacco products.
Kind of Meeting: City Council Study Session on June 6, 2023
Outcome of Meeting/ Future Action: The City Council directed staff to move forward with the drafting of a flavor ban ordinance. Once the draft is complete, it will be placed on a City Council agenda for a first reading.
Summary of Local Government Official Comments/Actions:
At the start of the meeting, the City Council received a staff presentation (slides attached) from Jefferson County Public Health. The presenter informed the council members that they are suggesting revisions to the city’s current TRL structure. One of the revisions suggested by staff is a ban on the sale of all flavored tobacco products in all locations in Golden. Jefferson County Public Health has also sent a survey to all local retailers to gauge how much revenue local businesses receive from the sale of products that would be banned under a flavor ban policy. Finally, the presenter noted that federal law contained a loophole for disposable vapor products and due to this, it isn’t surprising that these products are ending up in the hands of youth.
After the presentation, a local school nurse stated that vaping is a real issue in the local schools. She stated that when she would ask the kids why they chose those products, they said it was due to curiosity and the flavors.
Councilor Comment/Question Highlights:
Councilor Haseman:
-Question: Do we have any restrictions on the sales of vapor products? Answer: We have T21 laws.
-Question: Is smoking and vaping the same thing? Answer: Yes, smoking and vaping are the same thing.
-My grandkids have stated that they don’t want to go into the bathrooms due to vaping.
-Question: Is the county prepared to pass this legislation? Answer: It is my understanding that counties do not have the power to ban products.
Councilor Cameron:
-Question: Retailers say that this policy won’t stop the problem because they aren’t getting the products from local business. How would you push back on that argument? Answer: There are some social sources that will purchase these products legally and given them to minors. However, there are many localities around the country that have passed local flavor bans because they do work.
-Read some industry data today and it is very quiet on nicotine addiction. Vaping has taken off so much that smoking rates are increasing.
-Question: What are the penalties for individuals that purchase the products legally and then provide them to minors. Answer: That is something that staff will need to look into further. It can be discussed at a first reading if staff is directed to move forward.
Councilor Fisher:
- Now seems to be the right time to be having this discussion.
-Question: How would you be supporting the retailers? Answer: There are resources (grants, etc.) that retailers could pursue to offset the loss of flavored products.
-Education needs to be a key component to this discussion as well. I think a ban would help with supply, but it needs to be tied to education.
-Edgewater has passed a ban. They can push us to pass something and hopefully we can push other localities to do the same.
-Question: Is there a timeline on implementation? Answer:
Edgewater gave their retailers a six month sell through period.
Mayor Weinberg:
-It has been several years since we discussed this topic. A lot of these suggestions make a lot of sense.
-I think we need to have a more in-depth discussion on possession and use language.
-Really hoped that a flavor ban would be passed statewide. However, it didn’t pass so it is probably best that we go alone and consider this locally.
Councilor Reed:
-The problem is the secondary market of people legally purchasing these products and giving them to minors.
-I do want to move this conversation forward and hear from the public on both sides of this issue.
Councilor Brown:
-Question: Is vaping a cessation tool? Answer: A lot of people say that they have used vaping to quit smoking. However, they are not approved by the FDA as a cessation tool.
-Question: Does Edgewater handle their own licensing? Answer: Yes, Edgewater administers their own licenses.
After discussion concluded, the City Council gave consensus to staff to move forward with the drafting of an ordinance. Once the draft is complete, it will be placed on the agenda for a first reading.