CWPMA - I want to thank our partners at NATO and all the retailers who showed up this week to express our united opposition to restricting adult choices.
The Golden council voted unanimously to ban all sales of all flavored nicotine products effective January 1st of 2024.
Please see below for the NATO update and the interview that I gave on KOA after the decision was made.
Importantly, The ordinance actually does nothing except to target retailers who are already compliant with sales to minor laws. Sadly high schoolers and even middle schoolers can use these products without repercussions and adults and other "Social Sources" outside the regulated retail community can provide these to kids without fear of reprisal. Several Golden City council members noted that they were interested in "sending a message" or "virtue signaling" and their hope was that other cities in the region would follow suit.
CWPMA suggested strategies that would actually work and produce results as an alternative but the behavioral control advocates were not interested. I want to thank all the family businesses and retailers in Golden who showed up and defended their businesses. Jefferson County health department was kind enough to offer assistance in economic development to help replace the revenue but since the Jefferson County Health department has zero experience in business development and zero allowable funding for that purpose, I wouldn't hold your breath, and it was likely simply disingenuous deflection.
There was amazing testimony from a high school student that is rightfully concerned about the prevalence of vaping among youth in Colorado... The ordinance does nothing to help the situation she described, and across categories except vaping, (all of which contain flavored products). Youth use is declining according to CDPHE Path Studies.
We need to continue to provide alternatives that are actually effective.....the Ad Hominem attacks on family businesses in Colorado are increasingly frustrating... but members and family retailers need to remember that the behavioral control industry's job is to promote a defined set of policies regardless of actual effectiveness in helping kids. We need to keep up our amazing compliance numbers.
Thanks to the NATO members for the following update:
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NATO®
Date: July 25, 2023 City/State: Golden, CO Kind of Ordinance Restrictions: Bans the sale of all flavored tobacco products. Kind of Meeting: Public hearing and final at City Council Meeting on July 25, 2023. Outcome of Meeting/Future Action: The City Council adopted the ordinance by a unanimous vote. The ordinance will go into effect on January 1, 2024.
Summary of Local Government Official Comments/Actions: Jefferson County Public Health Presentation: Prior to the public hearing, Jefferson County Public Health gave a short presentation on the proposed ordinance. Highlights of the presentation included the following: -City of Golden has a rich history of taking a stand on tobacco. -Flavor policies help youth to not start using these products -Eliminating flavored tobacco will help people who currently use tobacco to quit. -Make it harder for youth to access tobacco products. -Flavors mask the harshness of tobacco. -81% of youth who have ever used tobacco products started with a flavored product. -85% of youth who use e-cigs reported their first product was flavored. -Rates of vapor use among Jefferson County high school students and Colorado middle school students remain higher than the national average. -53% of youth are getting these products from social sources. This shows that even if retailers are compliant, youth are still obtaining these products. -Tobacco flavored products will still be available for purchase if this policy is enacted. -E-cigarettes are not approved as FDA cessation devices. -These policies are an important piece of a comprehensive strategy to reduce the harmful effects of tobacco.
Councilor Questions to Jefferson County Public Health: Question from CM Brown: If the FDA ever approves a flavored product, would that product be banned under this ordinance? Answer: It is our understanding that they would be allowed to be sold because the ordinance allows for products approved by the FDA as cessation products. Question from CM Cameron: Are there flavored products being sold that have zero nicotine? Answer:I don’t have those statistics, but it is my understanding that there are some products out there that are marketed as zero nicotine that do in fact contain nicotine. Public Hearing: Mayor Weinberg opened the Public Hearing. 39 members of the public spoke regarding the proposed flavor ban, with 16 speaking in support and 23 speaking in opposition. Those speaking in support included representatives from the Colorado Black Health Collaborative, Campaign for Tobacco Free Kids (who provided the Council Members with close to 300 postcards from Golden High School), the American Heart Association, various other health care professionals, and a local 8th grade student. Those speaking in opposition included representatives from the Rocky Mountain Smoke Free Alliance, Grier Bailey (Colorado Wyoming Petroleum Marketers Association), Art Way (Founder of Equitable Consulting), Chris Everson (Circle K), Kristen McDonald (United Pacific), Roshni Gurung (Golden Convenience Store), and several other Golden retailers and retail employees.
Councilor Comments/Questions Highlights: Councilor Cameron: -Appreciated the data presented. -This is about nicotine and addiction. -Big tobacco has for decades gotten people addicted to tobacco. -If this cuts down on access and novelty, I’m in.
Councilor Haseman: -We heard earlier that if we do this, we need to give the retailers time to adjust. -As we do this, we need to be thinking about extending the effective date because this council is pro-business. -This ban is a statement that is consistent with the values of the City of Golden. -If we are taking this step, I want Jefferson County to look into what they can do regarding this issue.
Councilor Fisher: -I am open to a delay in the effective date. -In a sense, we have delayed this since we started discussing this in 2019. -Thankful for everyone that came to speak tonight. -I think we are a pro-business community. We have shown our support for our businesses continually over the past 15 years. -The effects of smoking and vaping actually hurts businesses and we can do better than selling harmful products. -We are offering support to the businesses, and I believe we are promoting a city where businesses can be successful without selling flavored tobacco products. -I am very thoughtful of unintended consequences and this is something that we have had on the radar for the last four years.
Councilor Brown: -I will support a January 1, 2024 effective date. -Sympathetic that businesses may need time to make revenue to alter their business model. -Took the age restricted amendment seriously because I believe people are using these vaping devices to get off of cigarettes.
Councilor Reed: -Agree with a January 1st effective date but I do think the ban is appropriate. -Nicotine isn’t a choice, it’s an addiction. -Youth are already getting their hands on tobacco products. This is what we are trying to stop by limiting access of these products. -Hoping that if we pass this ban, we will be starting a conversation issue statewide that if the state won’t pass these bans, the municipalities will. -Feel sorry for the businesses but this issue is personal, and I believe the ban is the right thing to do.
Mayor Weinberg: -I feel that January 1, 2024 is an appropriate effective date. -The state chose not to act and put the responsibility on the localities to pass these bans. -A flavor ban makes sense for the Golden community. -By passing this, we aren’t saying that we don’t listen to the retail community. We heard you and there are resources to help you through this transition. We don’t want anyone to go out of business.
Councilor Fisher: -I think we are listening to our parents and our health care providers. This is a real problem, and we are taking action on it. -I hope businesses will be able to pivot. -Hopefully other communities will take note of the action we are taking. -I disagree with the comments that this ban won’t help solve the problem. -Hospice nurse that are suffering from nicotine related illnesses.
Motion: A motion was made and seconded to adopt the ordinance with an effective date of January 1, 2024. The motion passed unanimously. |