PALMDALE — The City Council failed to approve an expanded version of Palmdale’s ban on flavored tobacco, after hearing from numerous tobacco retailers about the harm the ban would do to their businesses. The failure maintains the city’s existing flavored tobacco ban.
On Wednesday, the Council considered an ordinance that would ban all flavored tobacco products, a step that would close loopholes in the existing ordinance by expanding the definition of the banned products, Interim City Attorney Scott Porter said.
For example, the new ordinance would include menthol cigarettes, which are not banned by the existing regulations, he said.
The expanded ordinance was introduced with an implementation date of Jan. 2, to account for possible changes in the state ban on flavored tobacco, which is being challenged in a November ballot measure.
“This kicks in if the state law isn’t there,” Porter said.
The city’s ordinance banning flavored electronic cigarette and tobacco products was originally passed, in December 2019, but was suspended to allow retailers to sell off their existing inventory. In February 2022, a further suspension of the ordinance failed, putting it into effect at that time.
Such bans against flavored tobacco, at the local and state level, are intended to combat a product opponents say is targeted at children, getting them addicted to tobacco and its attendant nicotine at a young age.
“Children’s lives are affected by these products,” Mayor Pro Tem Richard Loa said, advocating for enforcement of the existing ordinance and supporting its expansion.
Councilmember Austin Bishop said the Council should wait until after the November referendum is decided.
“I think the city’s just kind of getting in the middle of it,” he said. “Since Day One, I’ve taken the stance of letting the state decide.”
Bishop also cautioned that banning a product does not eliminate it and could lead to a black market.
About a half-dozen tobacco retailers spoke against the proposed ordinance, stating they follow existing laws against selling to children and that banning flavored tobacco in Palmdale would only send their customers online or to Lancaster or other places where a ban is not in place.
Furthermore, they argued the point would be moot if the referendum to veto the state’s ban fails, in November.
Some retailers advocated for a ban on displays to curtail youth smoking, instead.
In contrast, three current and one former member of Pueblo Y Salud spoke in favor of the ordinance, referring to studies showing that the number of young people using tobacco has increased with the advent of flavored electronic cigarettes and other tobacco products.
Even if the retailers aren’t selling straight to underage smokers, they are promoting the practice, Sandy Logan said.
“It really is unfortunate that responsible retailers are getting punished,” Councilmember Juan Carrillo said, but the fact remains that minors are obtaining the products.
Councilmember Laura Bettencourt said her own experience left her conflicted. Having numerous family members who smoked, it was something she has always been against. However, her daughter started smoking at age 19, and she was “elated” when she switched from cigarettes to vaping.
Concerned about why children start smoking, as well as the impact of the ban on businesses, she said she favored waiting to see what happens with the ballot referendum.
“Our children in fact are being affected by these products, and it comes at a time in their development when it is most critical,” Loa said, making the motion to adopt the proposed ordinance.
The ordinance failed on a 3-2 vote, with only Loa and Carrillo voting in favor of it.
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