Miami-Dade Legislative Item
File Number: 120956
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File Number: 120956 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: EXTND FED PROHIBITION SALE & MANUFACTURE FLAVORED CIGARETTES Introduced: 5/11/2012
Requester: NONE Cost: Final Action:
Agenda Date: 6/19/2012 Agenda Item Number: 11A3
Notes: SEE 121262 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION URGING CONGRESS TO EXTEND THE EXISTING FEDERAL PROHIBITION ON THE MANUFACTURE AND SALE OF FLAVORED CIGARETTES TO ALL CANDY-FLAVORED TOBACCO PRODUCTS AND TOBACCO PRODUCTS THAT RESEMBLE CANDY, MINTS AND BREATH STRIPS THAT APPEAR TO BE DESIGNED TO ENTICE AND ENCOURAGE YOUTHS TO USE TOBACCO; FURTHER URGING THE FLORIDA LEGISLATURE TO PROHIBIT SUCH PRODUCTS
Indexes: LEGISLATURE
Sponsors: Sally A. Heyman, Co-Prime Sponsor
  Barbara J. Jordan, Co-Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/19/2012 11A3 Amended
REPORT: See Agenda Item 11A3 Amended; Legislative File No. 121262.

Board of County Commissioners 6/5/2012 11A23 Deferred 6/19/2012 P

County Attorney 5/11/2012 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO EXTEND THE EXISTING FEDERAL PROHIBITION ON THE MANUFACTURE AND SALE OF FLAVORED CIGARETTES TO ALL CANDY-FLAVORED TOBACCO PRODUCTS AND TOBACCO PRODUCTS THAT RESEMBLE CANDY, MINTS AND BREATH STRIPS THAT APPEAR TO BE DESIGNED TO ENTICE AND ENCOURAGE YOUTHS TO USE TOBACCO; FURTHER URGING THE FLORIDA LEGISLATURE TO PROHIBIT SUCH PRODUCTS

BODY
WHEREAS, candy-flavored tobacco products have become increasingly common in the U.S.; and
WHEREAS, these products, containing flavors like chocolate, vanilla, orange, grape and cherry, are especially attractive to youth; and
WHEREAS, tobacco products are being sold that resemble candy, mints, breath strips and twisted sticks the size of toothpicks that often include fruit or candy flavors that appeal to youth; and
WHEREAS, these products are widely considered to be “starter” products, that could establish tobacco habits that can lead to a lifetime of addiction; and
WHEREAS, almost 90 percent of adult smokers began smoking as teenagers, according to the Florida Department of Health fact sheet on candy-flavored tobacco, a copy of which is attached and incorporated by reference; and
WHEREAS, like all tobacco products, candy-flavored tobacco products have serious health risks and are not considered safe by the U.S. Food & Drug Administration (FDA); and
WHEREAS, in 2004, 22.8 percent of 17-year-old smokers reported using flavored cigarettes over the past month, as compared to 6.7 percent of smokers over the age of 25, according to the FDA; and
WHEREAS, a poll conducted in March 2008 found that one in five youngsters between the ages of 12 and 17 had seen flavored tobacco products or ads, while only one in ten adults reported having seen them; and
WHEREAS, according to one study of youth smokers between the ages of 13 and 18, 52 percent of smokers who had heard of flavored cigarettes reported an interest in trying them, and nearly 60 percent thought that flavored cigarettes would taste better than regular cigarettes; and
WHEREAS, tobacco industry documents reveal patterns of designing flavored cigarettes to target youth, according to the FDA; and
WHEREAS, all tobacco products, including candy-flavored tobacco products, are equally addictive and carry the same health risks as regular tobacco products; and
WHEREAS, an estimated 443,000 Americans die prematurely each year due to smoking and exposure to second-hand smoke; and
WHEREAS, in 2009, Congress passed H.R. 1256, the Family Smoking Prevention and Tobacco Control Act of 2009 (Public Law 111-31), which, among other provisions, prohibited the manufacture and sale of flavored cigarettes; and
WHEREAS, while the Family Smoking Prevention and Tobacco Control Act prohibits flavored cigarettes, no comparable federal prohibition exists for non-cigarette flavored tobacco products,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the U.S. Congress to extend the existing federal prohibition on the manufacture and sale of flavored cigarettes to candy-flavored tobacco products and tobacco products that resemble candy, mints and breath strips that appear to be designed to entice and encourage youths to use tobacco. 
Section 2. Urges the Florida Legislature to prohibit the products set forth in section 1 above.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, Florida Governor, Florida Senate President, Florida House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 4. Directs the County’s federal and state lobbyists to advocate for the legislation set forth in Section 1 and 2 above and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 Federal Legislative Package to include this item, and to include this item in the 2013 federal and state legislative packages when they are presented to the Board.



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