Minneapolis mulls restricting flavored tobacco sales

Candy-flavored cigars
Candy-flavored cigars sit on display at an Albany, N.Y.,custom tobacco shop.
Hans Pennink | Associated Press file

Minneapolis is considering tough new restrictions on the sale of flavored tobacco. Supporters say the proposal is intended to keep flavored cigars and e-cigarettes from attracting younger smokers, but convenience store owners say it goes too far.

With the exception of menthols, the federal government banned flavored cigarettes in 2009. But the tobacco industry was quick to adapt. It rolled out new lines of cigars in a variety of flavors.

Anti-smoking advocate Gloria Liliana Cazanacli told a Minneapolis City Council committee Monday that the new products are designed to hook children on tobacco.

"[The] cigars appeal to kids," she said, "because they come in candy flavor — chocolate, vanilla, strawberry — and they smell like candy. It is too tempting."

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Cazanacli urged the council members to adopt the ordinance, which would ban the sale of flavored tobacco — such as cigarettes and cigars — in most retail outlets, including gas stations and convenience stores. Like the federal rules, menthol wouldn't be affected.

Under the ordinance, the flavored products could be sold only in specialized tobacco shops. Those stores would have to take additional measures to keep underage customers out. The ordinance also sets a minimum price of $2.60 for a cigar. They sell now for as little as $0.50 or $1.

Physician Paul Pentel has spent almost 30 years trying to help people quit smoking at Hennepin County Medical Center's tobacco dependence clinic. Pentel says the proposed ordinance will do more to reduce tobacco use than any new wonder drug ever could.

"Medications, no matter how effective they are, only reach the few who plan to quit, follow through, see a doctor and can afford the medication," he said. "But public policies like higher tobacco prices reach everyone, and they impact thousands."

But the city's convenience store owners are vowing to fight the proposal. Domenic Losurdo, president of two EZ Stop stores in Minneapolis, said he agrees smoking is a vice. "But the fact is: Twenty percent of the adults smoke. And it is a legal product, no matter what 80 percent of the people say," he said. "And somebody should be looking out for those 20 percent of people."

There are 355 licensed tobacco retailers in Minneapolis. Under the proposal, only 15 would qualify to sell flavored products, according to data from the city. Losurdo said it's not just smokers who would be harmed, should the ordinance pass.

"If you pass this ordinance, I will lose significant dollars. And I will have to terminate one to two people to make up for those dollars," he told City Council Monday. "So your actions will result in the firing of two people."

Tobacco products account for about 40 percent of convenience store sales, according to 2012 data from NACS, a national trade group for the industry.

The electronic cigarette industry is also concerned about the proposed ordinance. Lobbyist Cap O'Rourke said e-cigarettes shouldn't be held to the same standards as traditional tobacco.

"We have to flavor our products for the simple reason: There is no natural flavor of the products that we use," he said.

The council committee decided not to take action on the proposed ordinance for another two weeks, so those affected by it could have more time to offer input. But several committee members voiced support for it.

The cities of St. Paul, Maplewood, Brooklyn Center and Bloomington have already set minimum prices for cigars to discourage underage smoking. But Molly Moilanen, from the anti-smoking group Clearway Minnesota, said Minneapolis is the first to consider such tight restrictions on flavored tobacco. She hopes it won't be the last.

"We think that this is a first step for Minnesota, and we hope other communities will follow suit with strong ordinances that deal not only with price and packaging, but also with flavors," she said.

If enough cities do that, Moilanen said the next step would be to push for statewide restrictions.