BY HILLARY VIDERS
SPECIAL TO NORTHERN VALLEY PRESS
ENGLEWOOD, N.J.—At the Jan. 9 meeting of the Englewood Department of Health, there was a first reading of an ordinance that addresses the sale of e-cigarettes and related products.
Since September, the Board had been discussing this issue and reviewing data that reports how these products pose significant risk to people who use these devices, particularly young people.
The six board members present voted unanimously in favor of the ordinance that establishes Chapter 535 of the Health Code, Part III of the City Code entitled “Electronic Tobacco Delivery Systems.”
This title refers to any electronic smoking device or other powered device that can be used to deliver nicotine or other substances by inhaling, such as an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge and it includes substances used in such devices such as liquids, gels, and powders.
The most popular of these devices is electronic cigarettes (e-cigarettes), battery-powered devices that provide nicotine and other additives to the user in the form of an aerosol. E-cigarettes have containers filled with liquid that’s usually made of nicotine, flavorings, and other chemicals. A heating device turns the liquid into vapor that you inhale when you take a drag.
Englewood Department of Health Director James Fedorko chaired the Jan. 9 meeting at which the following board members approved the ordinance: President Bertha-Nora Acosta, Vice President Dr. Aliza Solomon, JoEllen Bostick, Daniel Daniel, Stephanie Davis and Dr. Lisa Wisotsky.
Notice of the ordinance will now be sent to the public and to establishments that sell electronic smoking devices. At the board’s next meeting, on Feb 13, there will be public commentary. If there are no objections to the ordinance at that meeting, the board will then vote it into law and enter it into the city’s Health Code.
State Assemblyman Gordon Johnson attended the Jan. 9 meeting to give his support to the ordinance.
“As a former Bergen County Sheriff, I know that the health, safety and well-being of the residents is a top priority. It is appropriate to put in place at the local level of government, a framework to ensure public safety… I applaud Dr. Lisa Wisotsky and the members of the Englewood Board of Health for taking meaningful enforcement steps to protect our kids. We can’t let another public health epidemic take hold in our country.”
Johnson revealed that the state currently has a bill that will regulate electronic smoking products and devices, but it is not yet in effect.
Englewood’s initiative has also been praised by Karen Blumenfeld, Esq., Executive Director of Global Advisors on Smokefree Policy (GASP), based in Summit, N.J.
“We are very proud of Englewood for taking the lead once again to help curb youth smoking and vaping,” said Blumenfeld. “The proposed ordinance aligns with the new [U.S. Food and Drug Administration] initiative to curb youth vaping, including juuls and other products.”
How the ordinance will control sales
The Englewood Department of Health ordinance will control the sale of e-cigarettes and related products in a number of ways. First, it will require that all retailers of these products be licensed and that they sell
face-to-face, not through vending machines or self-service displays.
Retailers may not sell electronic smoking devices to anyone under the age of 21 and they must display signs stating that proof of age is required.
Further, electronic smoking device refill liquids must be in child-resistant packaging, whether or not they contain nicotine.
The ordinance also details requirements for licensing, the annual fee ($1,200), and the penalties for violating the provisions of the chapter.
The enforcement authority for this ordinance is the chief of police, health officer or their respective designees.
Proponents believe this ordinance is an important step in monitoring the flood of e-cigarettes, or “vaping,” that is becoming a nationwide addiction.
“I am so glad that the board agreed to move forward with reducing access of these products to the youth in our community,” Wisotsky said. “A policy that will reduce access of e-cigarettes to youth is key, as noted by the U.S. Surgeon General that e-cigarette use is of epidemic proportions.”
E-cigarettes entered the U.S. marketplace in 2007, and by 2014, e-cigarettes were the most commonly used tobacco product among U.S. youths. Juul Labs, the company behind the most popular vaping device, is currently worth $38 billion.
An FDA study released in November 2018 reported that e-cigarette use has increased at an alarming rate among middle and high school students over the past few years, and over 3.6 million kids are now using e-cigarettes. The study reports a 78 percent increase among high school students and a 48 percent increase among middle school students. Further, the surge in e-cigarette use had led to an uptick in overall tobacco use, reversing previous declines.
E-cigarettes were intended as a substitute for combustible tobacco smoking, but experts warn that the use of any form of tobacco product among youths, including e-cigarettes, is unsafe. The Surgeon General concluded that e-cigarette use is a public health concern because tobacco use is the leading cause of preventable disease and death in the United States and because nearly all tobacco products contain nicotine, which is addictive. Young adults, in particular, are at risk, as exposure to nicotine during adolescence can cause addiction and can harm the developing adolescent brain.
It is also feared that e-cigarette use is a gateway to other tobacco products.
But the concerns go beyond nicotine alone. The New England Journal of Medicine recently reported that some brands contain chemicals including formaldehyde—often used in building materials—and another ingredient used in antifreeze that can cause cancer. Some flavored e-cigarettes contain a chemical called diacetyl, also known as 2,3 Butanedione, which can be toxic when inhaled.
Fedorko, the health department director, explains that “The strategy to reverse the trend depends on several measures, preventing access to the products, curbing marketing that targets youth, and education. The Englewood Health Department plans to prevent access to the products and provide education. In addition to the ordinance, we currently have educators making presentations at middle schools and high schools, explaining the dangers of e-cigarettes and dissuading students from using them.”
According to Blumenthal, there are currently 30 municipalities in North Jersey that now have an ordinance to control electronic smoking devices.