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Attachment 2Subject: Attachments: FW: Lung Association Support - Flavored Tobacco Sales Prohibition Los Gatos - Menthol - Letter of Support - 2017-05-15.pdf From: Lindsey Freitas[mailto:Lindsey.Freitas@ilung.org] Sent: Monday, May 15, 2017 11:01 AM To: Council; Clerk Subject: Lung Association Support - Flavored Tobacco Sales Prohibition Good Morning, Please find attached a letter of support from the American Lung Association in California for the prohibition on the sale of flavored tobacco products including menthol. Thank you Lindsey Lindsey Freitas 1 Senior Director, Tobacco Control & Lung Health American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 Ph: 916.585.7674 1 Email: Lindsey.Freitas@Lung.org Cell: 530.906.0867 WE ARE A FORCE TO BE RECKONED WITH Join the FORCE for lung health. Find out how at www.lungforce.orq ATTACHMENT 2 i AMERICAN LUNG ASSOCIATION, Board of Directors AMERICAN LUNG ASSOCIATION IN CALIFORNIA 333 HEGENBERGER ROAD, SUITE 450, OAKLAND, CA 94621 phone: 510.638.5864 I fax: 510.638.8984 May 15, 2017 David Pogue The Honorable Marcia Jensen Chair Mayor, City of Los Gatos 110 E. Main St Mark Johnson Los Gatos, CA 95030 Vice -Chair Stephen Legg Treasurer David Cooke, MD Secretary Susan Griffin Immediate Past Chair Cheryl Calhoun Stephen O'Kane Steve Cramer Afif El-Hasan, MD Natalie Germuska Billy Kim David Madsen Debbie Newman Sue Padernacht Lynn Paquin Mary Strenn Kristi VandenBosch Olivia Gertz President and Chief Executive Officer Dear Mayor Jensen: On behalf of the American Lung Association in California, the leading public health organization fighting to reduce and prevent the lung disease, I am writing to express strong support for policies that prohibit the sale of flavored tobacco products, including menthol. Each year in California, nearly 40,000 adults die from smoking -related causes and over 12,000 kids become new daily smokers. According to a 2012 Report of the U.S. Surgeon General, tobacco companies have a long history of using flavored products to entice new, younger customers.1 Eight out of ten youth smokers report that they initiated tobacco use with a flavored tobacco product, and the younger a person is the more likely they will be to use a flavored tobacco product.2'3 Despite the FDA's 2009 ban on the sale of flavored cigarettes, the market for other types of flavored tobacco products such as cigars and e-cigarettes is growing rapidly 4 Additionally, menthol flavors were excluded from the FDA ban despite the evidence that menthol is also driving factor in tobacco initiation. The American Lung Association stands in strong support of the proposed ordinance's inclusion of menthol products. These products present a unique set of challenges, both in their health risks and in the populations they affect. Menthol tobacco is disproportionately used by certain populations, with over 80% of African American smokers and over 70% of LGBT smokers choosing these products.54 Furthermore, we know that menthol users tend to be more addicted and less able to quit smoking than non -menthol users.? For these reasons, we urge the City Council to move forward with the th ordinance, which will prohibit the sale of all flavored and menthol tobacco products. Visit lun .or /Callfornla C�Califomialung AmercanLungAssociatior 9 9 ® ®in California By eliminating the flavored products that so many youth are drawn to, the proposed ordinance will take an important step toward reducing to tobacco use in Los Gatos. Thank you for your leadership and we hope that Los Gatos will continue to set a healthy example for other Californian communities by supporting innovative, effective tobacco control policies. Sincerely, Vanessa Marvin VP Public Policy and Advocacy 1 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 12 Ambrose, BK, et al., "Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014," Journal of the American Medical Association, published online October 26, 2015.13 Villanti, AC, et al., "Flavored Tobacco Product Use Among U.S. Young Adults," American Journal of Preventive Medicine 44(4):388-391, 2013. 4 Campaign for Tobacco -Free Kids. Flavored Tobacco Products Fact Sheet. https://www.tobaccofreekids.org/research/factsheets/pdf/0383.ndf 15 Substance Abuse and Mental Health Services Administration, The NSDU Report: Use of Menthol Cigarettes. 2009: Rockville, MD. 16 National Youth Advocacy Coalition, Coming Out about Smoking: A Report from the National LGBTQ Young Adult Tobacco Project 2010: Washington. DC. 17 U.S. Food and Drug Administration. Preliminary scientific evaluation of the possible public health effects of menthol versus non -menthol cigarettes. July 2013. Subject: FW: Support for tobacco retail license ordinance On May 15, 2017, at 4:19 PM, Cassie Ray <cassie.ray@cancer.org> wrote: Dear Mayor Sayoc and Members of the Los Gatos Town Council: Attached is a letter of support for the proposed tobacco retail license that would restrict the sales of flavored tobacco products, restrict where tobacco retailers could locate, and prohibit sales of tobacco products in pharmacies. ACS CAN supports these changes as an important strategy in reducing the number of youth who become lifelong smokers, thereby protecting them from a deadly addiction and the cancers it causes. We appreciate your initial approval of this ordinance and we urge your final approval. Cassie Ray 1 Northern California Government Relations Director American Cancer Society Cancer Action Network, Inc. 700 Main Street Suite 102 Suisun City, CA 94585 Phone: 707.290.0003 l Mobile: 707.290.0003 1 Fax: 916.447.6931 acscan.orq i0t*CancerAction Network- eir aiscan.org This message (including any attachments) is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, or confidential information. If you are not the named addressee, you are not authorized to read, print, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately. 1 May 12, 2017 The Honorable Marico Sayoc 110 East Main Street Los Gatos, CA 95030 Dear Mayor Sayoc and Members of the Los Gatos Town Council: M 4.,.. Cancer Action Networku' ti, American Cancer Society® Id The American Cancer Society Cancer Action Network (ACS CAN) is committed to protecting the health and well-being of the residents of Los Gatos through evidence -based policy and legislative solutions designed to eliminate cancer as a major health problem. ACS CAN supports efforts to reduce youth tobacco use, as tobacco use is the number one cause of preventable cancer death in this country. We appreciate the leadership demonstrated by this council in passing the first vote of a comprehensive tobacco retail license, that includes flavors —including menthol --and we encourage final approval. Tobacco retail licensing (TRL) in which there is an adequate fee to fund enforcement, as well as meaningful penalties that include the permanent revocation of the license for repeat offenders, is an important policy component to effectively reduce youth access to tobacco products. Additionally, limiting access to tobacco products can reduce the appeal of these products to beginning smokers and encourage others to quit. Smoking remains the leading preventable cause of death in the U.S. The 2014 U.S. Surgeon General's report found that more than 43 million Americans still smoke, and tobacco use will cause an estimated 480,000 deaths this year in the U.S. Both opponents of smoking and purveyors of cigarettes have long recognized the significance of adolescence as the period during which smoking behaviors are typically developed. National data show that about 95% percent of adult tobacco users begin smoking before the age of 21. Adolescents are still going through critical periods of brain growth and development and are especially vulnerable to the toxic effects of nicotine. Postponing youth experimentation and initiation can help reduce the number of youth who will ever begin smoking. In 2009, Congress, prohibited the sale of cigarettes with flavors other than tobacco or menthol. Tobacco companies responded by expanding the types of non -cigarette tobacco products they offer, and now make most of those products available in a growing array of kid -friendly flavors. Little cigars, smokeless tobacco, hookah, and e-cigarettes, are marketed in a wide array of sweet flavors and colorful packaging that appeals to youth. In 2014, for the first time, use of e- cigarettes by California teens surpassed use of traditional cigarettes. Additionally, menthol has long been used to attract new and young smokers, as well as marketed heavily to the African American population. Consequentially, more than 85% of African American smokers smoke menthol, and African American men now have the highest death rate from lung cancer when compared to other demographic groups. A growing body of research demonstrates that youth and young adults are particularly cost sensitive. Many flavored single cigars or small packs of little cigars are available at very low costs —some for less than $1.00. Youth are also location sensitive, and they are more likely to experiment with tobacco products when retailers are located near schools, playgrounds, libraries, or other youth sensitive areas. Additionally, the density of tobacco retailers has also been associated with smoking rates. The ordinance being considered also calls for prohibiting licenses for pharmacies. Pharmacies are in the business of improving health, and it is a contradiction to be a facilitator of health and wellness, while selling tobacco products alongside over-the-counter medications and prescription drugs. Selling these products side -by -side helps to normalize tobacco use, and serves to further obscure the deadliness of these products, and the cancer they cause. ACS CAN supports the ordinance being considered, and we urge your final approval. Sincerely, Co. ¶c Cassie Ray Government Relations Director, Northern California American Cancer Society Cancer Action Network American Cancer Society Cancer Action Network 980 9th Street, Suite 2200 • Sacramento, CA 95814 • 707.290.0003