Bismarck mulls age limits on e-cigarette users

By LeAnn Eckroth, Bismarck Tribune
BISMARCK, N.D. —The Bismarck City Commission might crack down on the sale of e-cigarettes to minors under age 18. Minors found having or using the products also would be fined under the proposed ordinance.
Commissioners will review the first reading of the proposal today for a possible February hearing, City Attorney Charlie Whitman said.
Those selling or furnishing electronic cigarettes to minors could face up to a $500 fine under the proposed ordinance, Whitman said, and minors possessing or using the devices could pay up to a $70 fine.
E-cigarettes were banned in or near public places by the Legislature. State law also requires no vapors be emitted by e-cigarettes inside or 20 feet from public places.
The Bismarck ordinance would ban minors’ use of electronic oral devices with a heating element — battery or electric circuit — that provides nicotine or any other substance to be inhaled to simulate smoking.
The ordinance states devices marketed and sold as e-cigarettes, e-cigars and e-pipes cannot be sold or provided to minors, and that minors cannot possess or use them.
Pat McGeary, coordinator for the Bismarck Tobacco Free Coalition, said Monday that the group requested that Bismarck include the ordinance because the devices have not been proven safe. She said the electronic cigarettes are not controlled by the Federal Drug Administration. “There is no scientific evidence of the safety of e-cigarettes. The FDA has done preliminary testing that detected cancer-causing material in them and traces of nicotine,” she said.
“Our concern is that American tobacco companies have bought the e-cigarette companies and marketing it ‘kid friendly,'” she said. “They sell it in flavors like chocolate. We also are looking at e-cigarettes as a possible gateway drug.”
She said a Centers for Disease Control and Prevention survey showed that the use of e-cigarettes by minors has jumped from 4 percent in 2011 to 10 percent in 2012 nationwide.
“These are not FDA-regulated,” McGeary said. “These products have emerged more frequently in the last two years and (their companies) seem to be marketing more aggressively to the youth,” she said.
She said the FDA does not now control the levels of nicotine in the e-cigarette products. “(The levels) are all over the board, according to a preliminary study by the FDA,” she said. “The e-cigarettes have not been found to be safe. It’s not established.”
The Federal Drug Administration found that cartridges labeled as containing no nicotine contained nicotine and that three different electronic cigarette cartridges with the same label emitted a markedly different amount of nicotine, according to the North Dakota Center for Tobacco Prevention and Control Policy.
“I think it’s a natural and reasonable restriction,” Bismarck City Commissioner Josh Askvig said. “If the city won’t allow the sale of tobacco products and nicotine to minors, the same argument stands for this product.
“My personal opinion is this is a loophole into (minors) smoking that we can control before they get hooked on it before they are of legal age,” he added.
“I’m OK with the ordinance,” Bismarck Commissioner Mike Seminary said. “I don’t think we should encourage minors to smoke anything.”
The Tribune contacted some stores Monday that sell e-cigarettes and they assured that they already set limits on who buys the product.
“We only sell to those over 18,” said Chris Pribyl, manager of Tobacco Row.
“Minors cannot come through our doors. We card everyone who looks under age 27,” said Suzanne Willis, manager of Discount Smoke. “It says right on the package: ‘Not for sale for minors.'”
Sara Lang, manager of Red Carpet Car Wash, said employees card buyers of the product to ensure they are eligible. “We treat it like we were selling tobacco,” she said.
The proposed e-cigarette ordinance mirrors two passed by the Fargo City Commission on Jan. 6. The ordinances both prohibit the sale of e-cigarettes to minors and the use and possession by minors. Minors who violate the Fargo law will pay a $25 fine and complete a tobacco education program.
Under the Fargo law, a clerk who sells e-cigarettes to a person under age 18 will pay a $50 fine. A business that sells e-cigarettes to a minor will get a warning for the first sale in 12 months, have its tobacco license suspended for the second violation in a year and have its tobacco license suspended for 10 days for the third illegal sale within 12 months.
Whitman said Bismarck’s ordinance wording does not mention suspension of tobacco licenses because it would not affect stores that do not sell tobacco, but sell e-cigarettes.
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