Saint Paul Legislative Code § 295.01 Purpose and findings of fact.
Sec. 295.01. - Purpose and findings of fact.
The city council finds that:
Studies in journals such as BMJ (formerly British Medical Journal), Pediatrics, and Preventive Medicine have demonstrated that candy cigarettes and other imitation tobacco products predispose children to use tobacco later in life by desensitizing them and promoting tobacco use as culturally or socially acceptable. One such study concluded that 22% of adults who had regularly consumed candy cigarettes were regular or former smokers, compared with only 12% of adults who had never consumed candy cigarettes.
The World Health Organization's Framework Convention on Tobacco Control, which has been ratified by more than 160 countries which represent 85% of the world's population, lists the prohibition of "the manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors" as an effective legislative measure that discourages youth tobacco use.
Several countries, including Australia, Canada, Finland, Kuwait, Norway, Saudi Arabia, Thailand, and the United Kingdom have prohibited the sale of candy cigarettes. Several national retailer chains, including Conoco-Phillips, CVS, Exxon-Mobil, and Wal-Mart have agreed not to sell candy cigarettes and/or other imitation tobacco products.
Internal tobacco company documents disclosed as part of Minnesota's 1998 tobacco settlement reveal that tobacco manufacturers consented to the use of their trademarks by candy cigarette manufacturers in the hopes that such products would encourage children to become smokers. Tobacco companies viewed candy cigarettes as "effective advertising for future smokers."
Under the terms of the 1998 Master Settlement Agreement between 46 states and the largest tobacco manufacturers, the manufacturers agreed not to oppose the passage of any state or local legislative proposals "intended by their terms to reduce youth access … to tobacco products." A specific example of such a proposal is "limitations on non-tobacco products which are designed to look like tobacco products, such as bubble gum cigars, candy cigarettes, etc."
Many stores in St. Paul and throughout Minnesota continue to sell candy cigarettes and other imitation tobacco products.
Novelty lighters have features that are attractive to children, including visual effects, flashing lights, musical sounds and toy-like designs. The federal Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due to their danger to public safety. Fire setting by juveniles has been identified as the fastest growing fire threat in the United States, with more than 300 people killed annually, 30% of whom are children, and almost $1 billion in property destroyed. In 2008, the U.S. Fire Administration made banning novelty lighters the goal of Arson AwarenessWeek.
Accordingly, the city council finds and declares that the purpose of this chapter is to:
(1) Protect public health, welfare and safety by reducing the appeal of tobacco to minors; and
(2) Reduce the likelihood that minors will become tobacco users later in life; and
(3) Protect public safety by reducing the number of novelty lighters that end up in the hands of children.
(C.F. No. 09-313, § 1, 4-8-09)