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El Cajon to draft rule banning sale of vaping devices disguised as everyday products; council urged to consider flavor ban
Summary
City staff presented draft parameters for an ordinance to prohibit sale of vaping or electronic smoking devices disguised as other products; the council accepted the draft direction and public speakers urged adding a flavored-tobacco ban and stronger enforcement measures.
City staff presented draft language to add a section to Chapter 8.33 of the El Cajon Municipal Code that would make it unlawful to sell vaping or electronic smoking devices disguised as other items, and the council provided direction for staff to return with a formal ordinance.
Staff told the council the proposed addition to Chapter 8.33 (which regulates tobacco sales) would: make unlawful the sale of vaping or smoking devices disguised to look like other products; allow the city to seize prohibited products offered for sale; create a presumption of intent to sell when a retailer has six or more of the prohibited items on the premises; and impose a first-violation fine of $2,500 and potential tobacco-retailer-license revocation. Staff also said the draft preserves the city's existing due-diligence and appeals process before an administrative hearing officer.
Public-comment speakers supported the proposed ban on disguised vapes and urged the council to add a ban on flavored tobacco products. Michelle Tan, a District 3 resident and youth mentor, said the proposal "is another tool that strengthens your existing commitment to prevent nicotine addiction amongst our kids." Kate Duffy, a Granite Hills High School graduate, described widespread student vaping in schools and asked council members to adopt a flavor ban. Rebecca Branstetter of Community Action Service & Advocacy (CASA) praised the seizure and license-revocation provisions and urged council to also ban flavored products within the city.
Councilmembers discussed enforcement, possible overlap with state law and the practicalities of retailer stings. A councilmember noted that state measures already address flavored products but suggested the city ordinance could carry stronger enforcement mechanisms. One councilmember moved to accept the staff draft; council gave direction for staff to return with a formal ordinance for consideration.
Staff will prepare a formal ordinance based on the parameters presented and the council's direction. The council did not adopt an ordinance at the special meeting.
