HomeMy WebLinkAbout4.3 E-Cigarettes, Vaping and Age Minimums for Tobacco ProductsBoardDocs® Pro
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Summary
E -cigarettes are included as the tobacco products within the Village Code. The Village Code prohibits the sale and possession of
tobacco products to any person under the age of 18. E -cigarettes have increased the use to tobacco products among youth
through product variety, marketing and being considered less harmful than regular tobacco products. Some neighboring
communities have increased the minimum age for sale and possession of tobacco products to age of 21, prompted by concerns
presented by community groups, high schools/middle schools and local health commissions.
Additionally, e -cigarettes or alternative nicotine products are not included in the definition of "smoking" under Chapter 19,
Article VI Clean Air Regulations of the Village Code. This allows individuals to use e -cigarettes or alternative nicotine products in
public places. Neighboring communities have updated their clean air regulations to include e -cigarettes limiting their use in
public places like traditional tobacco products.
Information
E -cigarettes come in many shapes and sizes and have many different names (e.g. e-cigs, e -hookahs, vape pens, vapes, an
electronic nicotine delivery systems). Most have a battery, a heating element, and a place to hold a liquid. E -cigarettes produc
an aerosol by heating a liquid that usually contain nicotine; however, can it also be used to deliver marijuana (THC) and othe
drugs. The quantity of nicotine in e -cigarette liquids could range from zero to milliliters equaling the nicotine contained in whol
pack of traditional cigarettes. I
E -cigarettes were introduced as a smoking cessation aid; however, e -cigarettes are not currently approved by the U.S Food and
Drug Administration (FDA) as a smoking cessation aid because current evidence is insufficient to recommend e -cigarettes for
smoking cessation in adults.
The advertising campaigns and marketing tactics from e -cigarette companies have made e -cigarettes the most commonly used
tobacco product among youth. For example, e -cigarettes are produced with flavors like fruit, cherry, vanilla, tropical, candy and
dessert. The large number of youth using e -cigarettes has drawn the attention of the FDA and on November 15, 2018 they
released a statement on proposed new steps to protect youth by preventing access to flavored tobacco products and menthol in
cigarettes.
Sale and Possession of Tobacco Products
The Illinois Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act (720 ILCS 67 regulates
the sale and possession of tobacco to minors under 18 years of age.
This past summer, Governor Bruce Rauner vetoed a measure (SB2332) that would have raised the statewide minimum age t*
• tobacco products to 21 years. An attempt to override the veto passed the Senate, • failed in the House • nine votes.
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Since 2014, 30 -plus Illinois communities have increased the legal minimum age for sale of tobacco, e -cigarettes and alternativC
nicotine products to 21 years and about half of these communities are from northern Cook County or Lake County.
The request to increase the minimum age to buy tobacco products to 21 years has come to the attention of communities
through support from various channels: high school students, school districts, local Health Commissions, County Departments
of Public Health and community groups. Their concern is the pervasive use of e -cigarettes among youth and potential long term
negative health effects. The general scenario is that high school seniors are, or turn, age 18 while in their senior year which
•' them to legally •' and possess tobacco products for their • use. However, some also purchase tobaccit,
products for friends or other students who are under the age of 18. In 2018, Police Department experienced an increase in
under age possession of tobacco products (includes e -cigarettes) tickets at Prospect High School.
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Arlington Heights, Buffalo Grove, Elk Grove and Hoffman Estates have increased the minimum age to purchase tobacc*
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products including e -cigarettes from age 18 to 21. Des Plaines will be holding the second reading of an ordinance to increask"
the minimum age on Monday, January 21, 2019.
Additionally, Elk Grove and Hoffman Estates increased the minimum age limit to possess tobacco products including
e -cigarettes from age 18 to 21 as well. Again, Des Plaines may be doing the same on Monday, January 21, 2019.
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The Illinois Smoke Free Act 410 ILCS 82 prohibits traditional tobacco products which produce smoke from being used in mo
public places, government or other public buildings, schools, places of employment and etc. The Village adopted its own clea
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air regulations in coordination with the Act and it further prohibits smoking of traditional tobacco products at train station
platforms, bus shelters or any municipal garage. However, the State"s and Mount Prospect"s smoke free/clean air regulations d
not include e -cigarettes, vaping or any alternative nicotine products in their definition of smoke. This allows e -cigarettes to b
used in public areas where traditional smoking of tobacco products would be prohibited. )I
A State exception is the Illinois Smoke -Free Campus Act 110 ILCS 64 in which the definition of smoke includes, "products
containing or delivering nicotine intended or expected for human consumption". The Act only applies to campuses of a State -
supported institutions of higher education (i.e. community colleges and universities).
Arlington Heights, Buffalo Grove, Elk Grove, Hoffman Estates and Palatine have changed their codes to include e -cigarettes,
vaping or alternative nicotine products within their definition of smoking. In turn, prohibiting use of e -cigarettes like traditional
tobacco products.
Buffalo Grove increased the distance it is unlawful to smoke at entrances. The State Act sets the distance to 15 fee'll
(which Mount Prospect currently enforces), while Buffalo Grove set the distance at 20 feet of a public entrance, an
operable window, ventilation air intake of either a public place or place of employment.
Buffalo Grove added a prohibition of smoking in open air dining areas or within 20 feet of an open air dining area.
Elk Grove also prohibits smoking in or within 10 feet of an outdoor venue during the time the outdoor event is taking
place (e.g. high school sports events).
Elk Grove also prohibits smoking at any Village -sponsored events including but not limited to, Memorial Day celebration,
Rotary Fest, July 4th fireworks vent, Unity in the Community Summer Concert Series, and the Village"s annual treC
lighting ceremony.
Alternatives
1. Informational purposes only.
2. Follow precedent set by the State and base local action on if a new bill is filed to raise the statewide minimum age.
3. Draft an ordinance to increase the minimum age to purchase any tobacco products to 21 years.
4. Draft an ordinance to increase the minimum age to purchase and possess any tobacco products to 21 years.
5. Draft an ordinance to update to the Village's Clean Air Regulations to include e -cigarettes and like electronic delivery systems
as 'smoking'.
6. Action at discretion of Village Board.
Staff Recommendation
Staff recommends drafting an ordinance to increase the minimum age to purchase any tobacco products to 21 years. This
change would be enforceable at the point of sale and helps address e -cigarette and tobacco product use by youth under the agc
of 18 which has contributed to the increase in under age possession of tobacco products. Additionally, the code change would
support five comparable communities (assumes Des Plaines ordinance is approved 1-21-19) efforts to further control tobaccit,
product sales and provide for a more uniform regional standard and enforcement. This action has been recommended by
District 214 leadership.
Also, staff recommends drafting an ordinance to update the Village's Clean Air Regulations to include e -cigarettes and likc
electronic delivery systems as 'smoking' to assist in controlling use of these alternative products in public places.
Administrative Content
Executive Content
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