2011-27659 ResoRESOLUTION NO. 2011 -27659
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING LOCAL
RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN
FROM SELLING AND MARKETING FLAVORED TOBACCO
PRODUCTS BECAUSE SUCH PRODUCTS TEND TO
PROMOTE AND INFLUENCE TOBACCO USE BY MINORS
AND YOUNG ADULTS.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States, and almost 90 percent of tobacco users started before they were 18 years old; and
WHEREAS, each day, more than 4,000 young people try smoking for the first time, and
over 1,000 become regular daily smokers; and
WHEREAS, the Surgeon General has concluded that tobacco advertising greatly
contributes to youth smoking rates; and
WHEREAS, an estimated one third of adolescent experimentation with smoking can be
directly attributed to tobacco advertising and promotional activities; and
WHEREAS, the Master Settlement Agreement (MSA) reached in 1998 between state
Attorneys General and major tobacco companies forbids cigarette manufacturers from directly
or indirectly targeting youth in advertising, marketing and promotion of tobacco product or to
take any action to initiate, maintain or increase youth smoking; and
WHEREAS, internal tobacco industry documents strongly suggest that manufacturers
intentionally target youth through use of candy -like flavors in tobacco products; and
WHEREAS, research from the Harvard School of Public Health (published November
2005) found that cigarettes makers are targeting young smokers with new candy and liqueur -
flavored brands that mask the harsh and toxic properties found in tobacco smoke. Tobacco
companies use youth- oriented colorful and stylish packaging, and exploit adolescents' attraction
to candy flavors with names such as "Mandarin Mint," "Winter Warm Toffee," and "Twista Chill;"
and
WHEREAS, on September 22, 2009, the federal Family Smoking Prevention and
Tobacco Control Act ( "Act ") went into effect which imposes a ban on the sale of cigarettes
containing certain flavors, herbs, or spices including strawberry, grape, orange, clove,
cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee; and
WHEREAS, the Act does not include a ban on menthol cigarettes or other types of
flavored tobacco products such as cigars, hookah, or smokeless tobacco products; and
WHEREAS, national studies have found that the vast majority of people who are using
the flavored tobacco products are minors and young adults; and
WHEREAS, some of these tobacco products, specifically flavored cigars and blunt
wraps, are also used as drug paraphernalia for the smoking of marijuana; and
WHEREAS, flavored tobacco products are defined for purposes of this Resolution as
loose tobacco including snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus,
shisha tobacco, smoking or snuffing tobacco products, and all other kinds and forms of tobacco,
including but not limited to cigarettes, cigars, smokeless tobacco products, and blunt wraps
prepared in such a manner with the purpose of chewing, inhaling, smoking or ingesting in any
manner in which the product or any of its component parts (including the tobacco, filter, or
paper) contain, as a constituent (including a smoke constituent) or additive, an artificial or
natural flavor or an herb or spice, including but not limited to, strawberry, grape, orange, clove,
cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol
flavors, that is a characterizing flavor of the tobacco product or tobacco smoke.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that all local retailers who sell
tobacco products are hereby urged to cease the sale and marketing of all flavored tobacco
products, which are defined herein as loose tobacco including, but not limited to, snuff flour,
plug and twist tobacco, fine cuts, chewing tobacco, snus, smoking or snuffing tobacco products,
and all other kinds and forms of tobacco, including but not limited to cigarettes, cigars,
smokeless tobacco products and blunt wraps prepared in such a manner with the purpose of
chewing, inhaling, smoking or ingesting in any manner which have been flavored through the
addition of natural or artificial flavorings, herbs, spices or other means with flavors
characterizing fruit, candy, alcohol or other similar flavorings.
PASSED AND ADOPTED this I N day of May, 2011.
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MAti Herrera 1361ver
Mayor
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m MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: CITY ATTORNEY JOSE SMNEi9
DATE: MAY 11, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING LOCAL
RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN
FROM SELLING AND MARKETING FLAVORED TOBACCO
PRODUCTS BECAUSE SUCH PRODUCTS TEND TO
PROMOTE AND INFLUENCE TOBACCO USE BY MINORS
AND YOUNG ADULTS.
The Quality of Education of Committee has recommended that the City Commission
support methods to discourage the sale of flavored tobacco products in the City because such
products encourage and promote smoking among minors and young adults. At the request of
Mayor Matti Herrera Bower, the City Commission referred this matter to the Neighborhoods and
Community Affairs Committee on February 9, 2011. This matter was considered by the
Neighborhoods and Community Affairs Committee on May 5, 2011 and it was referred by that
Committee to the City Commission. Therefore, the attached Resolution is submitted for
consideration by the Mayor and City Commission.
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Agenda Item AX
Date ;5'-11 -1