Foster City tables e-cigarettes ban

“I think we’ve failed our kids tonight,” Gehani said.

Gehani pushed for the immediate ban to address the growing crisis around e-cigarettes and flavored tobacco use. E-cigarettes are often called vapes and are generally battery-operated and use a heating element to heat liquid from a cartridge. Often sold at gas stations and convenience stores, they attract attention due to their color and unique flavors, like candy and mint flavors. A 2019 Tobacco-Free Kids found that 81% of youths who used tobacco products started with a flavored product, while 72.3% of youth tobacco users have used a flavored tobacco product.

The FDA found e-cigarette usage among high schoolers between 2017 to 2018 increased by 78%, with 1 in 5 high school students currently using the product. The increase in usage has promoted local governments to increase regulations to reduce usage among young people.

“It is impacting the health, including the brain and lung development, of high numbers of youth and setting them up for a future of addiction to other drugs,’ Gehani said.

The council voted 2-2 on the proposed ordinance ban, with Gehani and Vice Mayor Froomin voting yes and Mayor Richa Awasthi and Councilmember Patrick Sullivan voting no. Councilmember Sam Hindi recused himself because his business sells tobacco products.

Sullivan wanted to table the item over litigation concerns, and the belief state direction is upcoming, suggesting there was plenty of time later for a decision. Some tobacco retailers have sued cities like Palo Alto for ordinances. However, city staff said no litigation has successfully overturned the ordinances.

“I’m not comfortable with moving forward,” Sullivan said.

San Mateo County and cities like Half Moon Bay, South San Francisco, Burlingame, San Carlos, San Mateo and Redwood City have prohibited selling flavored tobacco, with several others considering bans. The state has also weighed in with Senate Bill 793, signed into law in 2020, which calls for tobacco retailers not to sell flavored tobacco products. However, implementation has been halted due to a referendum calling for its repeal, stalling a decision.

California voters in the November election will vote to enact or repeal SB 793.

Mayor Richa Awasthi wanted to see more enforcement of current smoking ordinance bans and wait until the November decision at the state level. Awasthi said the decision was not to be misconstrued as not caring for kids. Instead, she wanted to use current laws and see how the state handled the November decision.

“I am okay to wait until a November measure given the protections we have,” Awasthi said.

“Waiting for that to pass is a mistake,” Gehani said. I think we have an opportunity to make a statement. We are leading from behind. Ten cities have already passed this in our county, with an eleventh one pending.”

curtis@smdailyjournal.com

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