9. Example of vaping ban_St Louis ParkExample of a MN City that recently banned vaping products effective February 1, 2020
CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING ST. LOUIS PARK CITY CODE CHAPTER 8 – BUSINESS AND LICENSES,
SUBDIVISION X. TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES, SECTION 8-374
REGULATIONS ADOPTED AND SECTION 8-378 VIOLATIONS; PENALTY TO BAN SALES OF CERTAIN
ELECTRONIC DELIVERY DEVICES
SECTION 1. Findings.
(a) As of October 22, 2019, the United States Centers for Disease Control and Prevention (CDC)
reports 1,604 cases of e-cigarette, or vaping, product use associated lung injury (EVALI) from 49
states (all except Alaska), the District of Columbia, and one United States territory.
(b) As of October 22, 2019, the CDC reports 34 confirmed EVALI related deaths in 24 states.
More deaths are under investigation.
(c) As of October 22, 2019, the CDC reports three confirmed EVALI related deaths in Minnesota.
(d) CDC reports that as of October 22, 2019 the age range for EVALI patients ranges from 13
years to 75 years with a median age of 24 years.
(e) EVALI case counts continue to increase and new cases are being reported.
(f) All EVALI patients reported a history of using e-cigarette, or vaping products.
(g) Tetrahydrocannabinol (THC) was present in most of the samples tested by FDA as of
October 22, 2019, and most EVALI patients reported a history of using THC containing products.
CDC reports that the latest national and state findings suggest e-cigarette, or vaping products
containing THC, particularly those obtained off the street or from informal sources (e.g. friends,
family members, illicit dealers), are linked to most of the EVALI cases and play a major role in
the outbreak. However, as of October 22, 2019, the Food and Drug Administration (FDA) and
CDC had not identified the cause or causes of the reported lung injuries, and the only
commonality among all cases is that patients report the use of e-cigarette, or vaping products.
CDC reports no one compound or ingredient had emerged as the cause of EVALI and there may
be more than one cause of EVALI. The cause of EVALI remains unknown.
(h) As of October 22, 2019, CDC recommends that since the specific compound(s) or
ingredient(s) causing lung injury are not yet known, the only sure way avoid EVALI while the
investigation continues is to refrain from use of all e-cigarette, or vaping, products.
(i) According to the Minnesota Department of Health (MDH) 2019 statistics 26.4% of 11th
graders, 16.3% of 9th graders, and 11.1% of 8th graders, report current use of electronic
cigarettes.
Example of a MN City that recently banned vaping products effective February 1, 2020
(j) Virtually all electronic cigarettes that are sold today entered the market after 2007, but have
not been reviewed by the FDA to determine if they are appropriate for the public health. In
2017, the FDA issued Guidance that purports to give electronic cigarette manufactures un til
August 8, 2022 to submit their application for premarket review. The Guidance further purports
to allow unapproved products to stay on the market indefinitely, until such time as FDA
complies with its statutory duty to conduct a premarket review to det ermine whether a new
tobacco product poses a risk to public health.
(k) By the time electronic cigarette manufactures will be required to submit their premarket
review applications, electronic cigarettes will have been on the market for fifteen years without
any FDA analysis of their safety and alleged benefit. In light of the immediate health threat
posed by EVALI, the City of St. Louis Park is not content to wait for FDA action to address for its
residents what appears from the evidence to be a major health crisis that is going unattended.
SECTION 2. City Code Chapter 8 – Business and Licenses, Subdivision X. Tobacco Products and
Tobacco Related Devices, Section 8-374 Regulations Adopted is amended by adding the
underlined language as follows:
(d) No person shall sell, offer to sell or distribute an electronic delivery device that:
(1) Is a “new tobacco product” as defined in 21 U.S.C. § 387j(a)(1) as may be amended
from time to time,
(2) Requires FDA premarket review under 21 U.S.C § 387j, and
(3) Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be
amended from time to time.
SECTION 3. City Code Chapter 8 – Business and Licenses, Subdivision X. Tobacco Products and
Tobacco Related Devices, Section 8-378 Violations; penalty is amended by adding the
underlined language as follows:
Sec. 8-378. Violation; penalty.
(6) Misdemeanor for anyone to sell an electronic delivery device in violatio n of section 8-374 (d).
SECTION 4. This Ordinance shall take effect on February 1, 2020.
ADOPTED this ______ day of _______________, 2020, by the City Council of the City of St. Louis
Park.
Example of a MN City that recently banned vaping products effective February 1, 2020
Public Hearing December 16, 2019
First Reading December 16, 2019
Second Reading January 6, 2020
Date of Publication
Date Ordinance takes effect February 1, 2020
Reviewed for Administration Adopted by City Council
____________________________________ ____________________________________
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
___________________ _____
Melissa Kennedy, City Clerk Soren Mattick, City Attorney