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Health Commission unanimously backs resolution urging ban on menthol and flavored tobacco sales

San Francisco Department of Public Health — Health Commission · June 6, 2017
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Summary

The commission voted unanimously to approve a resolution supporting a Board of Supervisors ordinance to prohibit menthol and flavored tobacco product sales, citing local survey data, youth-use trends and targeted industry marketing; staff will forward the resolution to Supervisor Cohen's office for the Board hearings.

The San Francisco Health Commission voted unanimously to approve a resolution endorsing proposed legislation by Supervisor Jane Cohen (introduced April 18) to prohibit the sale of menthol and other flavored tobacco products in the city.

Alice Huynh, health program planner with the Tobacco Free Project, presented the department's background information and local data. Huynh told commissioners that a 2016 survey of 265 San Francisco tobacco retailers found nearly all outlets sell menthol cigarettes (about 97 percent) and roughly 70 percent stock flavored tobacco products such as flavored cigarillos and e-cigarette liquids. She said national and local evidence links flavored products to initiation among youth and disproportionate harms among African American, LGBT and other communities.

"These products are engineered and marketed toward young people and people of color," Huynh said. She described the federal Family Smoking Prevention and Tobacco Control Act (2009), noting that menthol was exempted from a federal flavor prohibition and that many new flavored tobacco products have since proliferated.

Commissioners discussed enforcement and next steps. The proposed ordinance would amend the city health code (Article 19H) to prohibit retail sales of flavored tobacco products; enforcement would be at the retail level and would not criminalize possession or use. Huynh said the Board of Supervisors' Public Safety and Neighborhood Services Committee was scheduled to hear the legislation in mid-June.

A motion to place the revised commission resolution on the table carried and was seconded. The commission then voted to adopt the resolution unanimously. Director Garcia said staff would forward the commission's resolution to Supervisor Cohen's office prior to the Board-level hearings.

Next steps: DPH staff will provide list of jurisdictions with similar policies and will work with the Board of Supervisors' office on outreach and testimony.