Councilwoman proposes ban on vaping

Magdalena Carrasco wants to prohibit sales of flavored tobacco products not approved by FDA

SAN JOSE » Amid reports of people dying from a lung disease linked to vaping, a San Jose councilwoman is calling for a ban on the sale of e-cigarettes and flavored tobacco products in the nation’s 10th largest city.

Magdalena Carrasco, who represents East San Jose, proposed the ban as a way to curb a sharp uptick in the number of young people vaping.

A recent survey of more than 6,000 teenagers in Santa Clara County found that almost 1 in 3 had tried vaping.

“While we have combatted the rise in cigarette use, vaping companies have been successful in recapturing their audience through the use of flavored products that are marketed towards children,” Carrasco said in a statement.

In a new memo, the councilwoman called for an ordinance prohibiting the sale of e-cigarettes and flavored tobacco products that have not received approval from the Food and Drug Administration.

Carrasco also wants the city to limit the sale of such products near schools and other businesses that sell tobacco to “limit any further overconcentration of tobacco businesses” and close a loophole that currently allows shops to operate without a city license if they bar those under 18 from entering, despite the fact that the legal age to purchase such products was raised several years ago to 21.

According to Carrasco’s memo, a recent survey of 109 stores in San Jose found that nearly a quarter sold tobacco products to underage people, with the majority of the products sold being fruitflavored.

And more than a quarter of retailers that sell tobacco products are within two blocks of a school, which Carrasco worries is prompting more young people to try vaping.

Mary Ann Dewan, Santa Clara County superintendent of schools, also is concerned.

“It is a health crisis in our schools and communities. Youth are experiencing health consequences such as increased anxiety, seizures, illness and with

drawal symptoms appearing during the school day,” Dewan said in a statement.

“The data shows that youth under the age of 21 are gaining access to these products. I support the recommendations to restrict the sales of these products and remove the exemption to protect the health of our youth and ensure retailers comply with the law.”

Carrasco is particularly concerned that children in East San Jose and downtown, where there is a high concentration of tobacco retailers, are more exposed to

vaping products and marketing than other children in the city, leading to higher rates of use among young people in these areas.

The city’s Rules Committee will consider the proposed ban on Wednesday and could send it to the full City Council for consideration.

The U.S. Centers for Disease Control and Prevention has received hundreds of reports of lung illness possibly tied to vaping, and six deaths, including one in California.

San Jose would not be the first city to enact such a ban. San Francisco has an ordinance in place and last year, San Mateo County restricted the sale of flavored tobacco products. The Richmond City Council recently moved to limit the sale of vaping products.

Voters in Livermore will consider an e-cigarette ban, opposed by e-cigarette maker Juul, in March.

And at the national level, President Donald Trump recently said he wanted to stop the sale of flavored vaping products before tweeting Friday, “While I like the Vaping alternative to Cigarettes, we need to make sure this alternative is SAFE for ALL! Let’s get counterfeits off the market, and keep young children from Vaping!”