Should the City Regulate the Use and Sale of E-Cigarettes?

• The City’s “90210 Fresh Air Dining” ordinance will also prohibit the use of e-cigarettes.
• Prohibition on the establishment and operation of cigarette vending machines will also include e-cigarettes.
• The urgency ordinance expands on the state’s existing law by prohibiting the use of e-cigarettes inside and near public buildings.
  

If approved in its original and interim format, the ordinance prohibiting the sale would put a 45-day moratorium on the sale of e-cigs and give store owners at chance to sell its inventory. Fines and possible jail time would be imposed if sale continued.

Those in favor of the ordinance claim there is still a direct and second-hand smoke impact, while those opposed claim it's a safer alternative to help quit smoking, the vapor is only a by product and that cities should not begin regulating what state and federal agencies have not.

During public comment, resident AJ Wilmer told the council he's in favor of the ordinance, specifically on the use of e-cigs in accordance with the city's smoking regulations.

"I've had the occasion twice to sit next to people who are using e-cigarettes," he said. "After about a half an hour, it was a very unpleasant odor."

A second time, at a restaurant, a man at another table exhaled his e-cigarette and it became nauseating, claimed Wilmer.

Allen Brooks of Al's Newsstand, which has been in the city for about 25 years, said he opposes the sale moratorium because he wants to have the product people are asking for.

"I feel that people can make a choice about what they want to do, when they want to do it," he said. "We do a lot of tourist business. I've had people request the e-cigarettes. So that's why we put them in."

After the Nov. 5 meeting, Brooks tells Patch the Blu e-cigs are easily the most popular at his storefront, and he has to constantly restock them.

John Cameron, president and CEO of various e-cig companies and brother of world-renown director James Cameron, said he wants e-cigs to be embraced unilaterally.

"Electronic cigarettes will save lives," he said. "The one thing I confront is misunderstanding of e-cigarettes."

The City Council learned the Food and Drug Administration has raised concerns about the marketing of the product to children, and that is does contain toxic elements, yet the American Journal of Public Health concluded the FDA testing showed "poor quality control and insufficient evidence of the overall public health benefit," as well as the clinical studies and efficacy of e-cigs for their intended use have not been submitted to the FDA and consumers "have no way of knowing."

Councilmember Nancy Krasne, confessing she was a smoker throughout college, said she found e-cigs to be offensive when used in public, but was not opposed to the sale of the product. She added she was concerned about the sale of e-cigs to minors under 18.

"These may prove to be absolutely safe but I'm going to err on the side of caution," she said, wanting more research to be conducted. "You can vape all you want. You can do whatever you want, but do it in the privacy of your home, your car...but not in public places where people have to be."

"The actual scientific evidence could take years," added Councilmember Julian Gold. "There are no studies to prove these will be safe in the long term."

On Dec. 5 the City Council will hear back from the Health and Safety Commission, which meets next week.

Mayor John Mirisch reminded council members that the city banned the sale of marijuana, which is therapeutic, and tobacco kills people.

"Banning everything because it might be dangerous...I think we have to use some common sense and look at what is likely to perhaps have negative impacts," he said.

Here's a sample of reaction from Beverly Hills Patch Facebook on the proposed ordinance:

I say if someone wants to quit smoking then leave the E-cigarettes alone b - Karen Burnap Costa

Many are filled with marijuana now days - David William Wagner

Ban them. - Marta Rosen Freud

THIS IS SO INSANE - Todd Hall

What are your thoughts?