PC - Item 6A - Electronic CigarettesROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 1, 2014
SUBJECT: ELECTRONIC CIGARETTES
Summary
At the Planning Commission Meeting of November 17, 2014, Planning Commission
Chair Nancy Eng requested information on the electronic cigarettes (e- cigarette) and
the number of retailers in Rosemead be brought before the Planning Commission for
discussion.
Backaround
Electronic cigarettes were introduced to the United Stated between 2003 -2007. In
2008, the U.S. Food and Drug Administration (FDA) moved to ban electronic cigarette
shipments in the United States. Under the Food, Drug and Cosmetic Act, the FDA has
authority to regulate "drugs ", "devices ", or "drug /devise" combinations. An electronic
cigarette manufacturer sued the FDA in federal court, and in 2010 the court ruled that
the FDA could not regulate electronic cigarettes as drugs or drug delivery devices if they
are not marketed as tobacco cessation devices such a nicotine gum or pates. The FDA
did not appeal the decision to the U.S. Supreme Court; however, it announced that it will
regulate electronic cigarettes as a tobacco product under the Tobacco Control Act.
Currently, there is no California or federal law that restricts where people can use
electronic cigarettes. Unless a community's local smoke free law defines "smoking" to
include electronic cigarette, the use of this product may be legal in places where
smoking cigarettes is prohibited. Dozens of localities in California have restricted the
use of electronic cigarettes in places where smoking is prohibited. Rosemead has not
yet taken such action.
Electronic cigarettes can be sold wherever general tobacco products are sold. This
includes liquor stores, convenience stores, supermarkets, and big box stores such as
Wal -Mart. Since 2013, the City's Planning Division has approved business license
applications for the following three (3) 100% electronic cigarette retailers, of which one
(1) has already closed.
1) 8150 Garvey Avenue, #122J — opened June 2013
Planning Commission Meeting
December 1, 2014
Page 2 of 2
2) 8816 Garvey Avenue, #A — opened July 2013 and closed sometime in 2014
3) 3927 Walnut Grove Avenue, #6123 — opened December 2013
Staff Recommendation
It is recommended that the Planning Commission receive and file this report.
Analysis
Electronic cigarettes are battery operated devices that mimic the use and sometimes
the appearance and taste of conventional cigarettes. They do not contain tobacco and
produce vapor instead of smoke when used. Electronic cigarettes contain cartridges
with different levels of nicotine. While the nicotine levels may vary, most electronic
cigarette companies do offer nicotine -free options. They are available in many styles,
ranging from disposables that resemble real cigarettes and can be purchased at
convenience stores for a few dollars, to more complex vaporizers that can cost
hundreds of dollars. In summary, there still seems to be so much unknown about
electronic cigarettes. Many regulatory agencies and health experts are unsure about
the safety of the product, and there have not been any long term health studies to make
a conclusive determination. Rosemead's Chief of Police, Lt. Ignacio Somoano, reports
that electronic cigarettes are now being utilized to ingest illegal drugs (including
marijuana oil) through vapor.
There are also concerns that electronic cigarettes may be appealing to children.
Although the State of California bans the sale of electronic cigarettes to minors and
manufactures do not directly market the product to minors, the nicotine cartridges come
in flavors such as strawberry, chocolate, and caramel, which appeal to children.
There are several reports in support for and against electronic cigarettes. However, the
FDA has warned and continues to warn against the unknown dangers of electronic
cigarettes. Both the FDA and the State of California are moving towards classifying
electronic cigarettes as regular tobacco products.
Public Notice Process
This item has been noticed through the regular agenda notification process.
Submitted by:
Michelle Ramirez
Community Development Director