24.20.020 Findings – Intent – Inhalant delivery systems.

(1)    The U.S. Food and Drug Administration (FDA) warns that inhalant delivery systems present a threat to public health. This warning is based on testing of inhalant delivery systems that were found to contain ingredients known for toxicity to humans. Clinical studies about the safety and efficacy of their intended use have not been submitted to the FDA. For this reason, consumers currently have no way of knowing:

(a)    Whether inhalant delivery systems are safe for their intended use;

(b)    What are the long- and short-term health effects of secondhand vapor emissions;

(c)    What types or concentrations of potentially harmful chemicals the products contain; or

(d)    What amount of nicotine is present in the products.

The FDA has raised concerns that inhalant delivery systems, which are often marketed in appealing flavors, can increase nicotine addiction among young people and may lead them to try conventional tobacco products. Unlike tobacco products, there is currently no regulation prohibiting the sale of these nicotine products to youth.

(2)    One danger of inhalant delivery systems is accidental poisoning if the liquid nicotine is ingested or absorbed through the skin.

(3)    The Federal Family Smoking Prevention and Tobacco Control Act of 2009 banned candy and fruit-flavored cigarettes because the evidence demonstrated that flavored tobacco products are attractive to youth as they disguise the taste of tobacco. Young people believe that flavored tobacco products are less addictive and less harmful and those who smoke are far more likely to use flavored tobacco products than adults. Flavoring for inhalant delivery systems is available in candy and fruit flavors, just as cigarettes were prior to the Family Smoking Prevention and Tobacco Control Act.

(4)    The manufacturers of inhalant delivery systems market their products as harmless and as a safe alternative to smoking. They also make misleading claims that may impact a young person’s decision to use an electronic cigarette which can lead to nicotine dependence. Inhalant delivery systems are currently available to youth to purchase since, unlike cigarettes, there are no restrictions on age. Inhalant delivery systems have a high appeal to youth due to their high-tech design and availability in child-friendly flavors like chocolate and strawberry. They also presented a substantial risk of nicotine addiction and result in harm to the public health and safety. In addition, the use of electronic smoking devices in public places and places of employment return smoking to the public consciousness and complicates enforcement of the state and county laws governing the smoking of tobacco products in public places. (Sec. 1 of Ord. 2011-06-09; amended by Sec. 4 of Ord. 2015-04-18)