[BoulderCouncilHotline] FW: Carbondale advocating for nicotine policies

[Jones, Suzanne]

Dear All—

The Mayor of Carbondale (Dan Richardson) wrote to me to share his thoughts on why he and the Carbondale City Council recently took action to regulate youth vaping. Since they are wrestling with similar circumstances as we are, I thought it was worth sharing with all of you so we can gain insights from what other cities are doing.

Sincerely,
Zan

Suzanne Jones
Mayor, City of Boulder
(720) 633-7388
joness at bouldercolorado.gov

________________________________
From: Dan Richardson <drichardson at carbondaleco.net>
Sent: Sunday, August 18, 2019 10:37:17 PM
To: Jones, Suzanne <JonesS at bouldercolorado.gov>
Subject: Carbondale advocating for nicotine policies

Suzanne,
I hope all is well. It was nice to see you at Mountain Fair.
A friend of a friend in Boulder apparently read a guest column I recently wrote about nicotine policy, which I have included below for reference. She asked me to write a letter to you and your council but this will have to do with short notice. I am only sending it to you because I hate preaching to other boards, especially when I don’t know all the circumstances. But here goes a short plea to you.
The entire roaring fork valley, including Carbondale has already or is moving towards 3 consistent policies:
1) raise age limit to 21
2) local licensing + banning flavored products
3) nicotine tax on the ballot

I am biased with 2 teenage sons (1 who is trying to quit the damn stuff) but I feel the flavored products are an assault on our youth and the FDA has acknowledged the mistake they made by not requiring testing of these products before they went to market. Technically they are illegal to sell but the FDA is turning a blind eye. Given the crazy epedemic, how can we sacrifice the youth for a few smokers who want flavored nicotine to quit smoking? Until the FDA acts accordingly, local policy is the only option. I know we can’t get the whole state, but when Carbondale raised the age limit last year, my son just went to Glenwood to buy JUUL pods. Fortunately they voted to raise the age limit last Thursday.
Anyway, good luck with your discussion. I have said my peace.


As mayor of Carbondale and father of two teenage boys, I have become immersed in the issue of vaping. Vaping has become a quiet epidemic in our schools and I applaud the City of Glenwood’s recent efforts as well as many other cities, towns and counties taking action. I am happy to report that the Town of Carbondale is pursuing aggressive policies as well. In this column I want to address some of the concerns voiced by retailers about proposed new rules.


First, is there really a problem? Ask any local high schooler (and now middle schooler) and they will confirm that vaping is ubiquitous in the schools. Statistics show that nationally vaping has sky-rocketed in recent years, with Colorado being one of the worst states, and the Roaring Fork Valley as the worst of the worst. The sad part is that because its so easy to conceal, its still flying under the radar for many parents. New studies are finding that this concentrated use of nicotine while teenage brains are still forming may be making them more vulnerable to substance abuse in the future. If that doesn’t light up a parents radar, I’m not sure what will.


Retailers are concerned that a flavored-nicotine product ban is heavy-handed and anti-free market. But to have a functioning free market you must have some rules and enough information for consumers to be well-informed. The FDA has taken some measly steps to discourage youth use, but its oversight does not provide any health/safety standard, let alone any useful information on the true risks of vaping. I suspect most consumers are under a very false assumption that the FDA has tested and approved these products. Not so.


Recently industry lobbyists called me to dissuade the town from adopting nicotine policies. Unfortunately the group, including a paid lobbyist and trade group representatives, validated many if not all of my concerns. First they confirmed that testing is still in its infancy. Only recently have independent labs (because the manufacturers aren’t required to) started testing the true affect of the vapor after the toxic liquid has been superheated and inhaled. The testing is identifying unforeseen health hazards that are bad enough that even the FDA is starting to take notice.


I was shocked at one remark made by a manufacturer stating that they needed the ability to sell their products so that they can afford further testing. I asked if they would be comfortable letting their teenagers drive a car before it had been safety tested. No response. Required testing and regulations clearly add costs to any business, but how many people died in cars before we required seat belts? Was the new rule worth it? The thousands of people that are alive today because of it would probably agree.


The lobbying group restated the common mantra that vaping was intended to be a smoking cessation product but they also acknowledged that users are now 4X more likely to START smoking after vaping. Statistics from local schools show smoking is indeed on the rise again. So the threshold questions is this: Is the trade-off of the hope that some smokers might quit because of fruity flavors worth allowing an entirely new epidemic of youth addiction, life-disrupting behavior at perhaps the most critical stage, and a lifetime of deteriorating health worth it? How can anyone say yes to that?


How about well-informed consumers? Following tradition, industry has deliberately misinformed consumers by claiming some flavored products, with names reminiscent of Charlie’s Chocolate Factory, didn’t have nicotine. Independent testing shows 100% do. No wonder big tobacco is investing by the billions. It’s a perfect strategy for them to find “replacement smokers” for those that are dying off.


As far as I’m concerned the policies that local governments are considering are the last defense for what I consider to be an assault on our youth - one that is unethical, unregulated and out of control. I welcome an opposing viewpoint as I am hopeful that someone can relieve my alarm about the issue, but so far its wishful thinking. I am happy to take the heat from industry so that our kids don’t inhale the super-heat of vaping.

Dan Richardson,
Mayor of Carbondale
(970) 510-1345
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