City Council committee alters game plan on ‘astronomical’ vaping by Chicago teens

A City Council committee on Monday tried a different line of attack to snuff out what Ald. Anthony Napolitano (41st) called the “astronomical use” of vaping products by Chicago teenagers.

“I have two children who are in high school right now. And they have come to me and said that it almost feels like every other student in their high school and surrounding high schools — not just theirs — are vaping right now,” Napolitano said.

“These vape and tobacco stores can pop up anywhere they want right now — and have been — in all of these empty storefronts with no regulations. … I’ve got two that opened up less than 150 feet of each other. One of ’em is selling vape and tobacco as their main product as well as gym shoes. ... That is beyond out of control. If we’re not doing something about it right now, we’re failing as legislators.”

Three years ago, Chicago banned the sale of flavored vaping products so popular with teens, but exempted flavored tobacco products, including menthol cigarettes.

Chief sponsor Matt O’Shea (19th) originally had championed a much stronger, citywide ban on all flavored tobacco products. He was forced to settle for less — a ban on “flavored liquid nicotine products” — after opposition from gas stations, convenience and tobacco stores.

The ban — and a string of subsequent investigations and lawsuits against the e-cigarette industry — did nothing to stop teen addiction to vaping products.

On Monday, Napolitano changed the game plan.

He persuaded the Committee on License and Consumer Protection to require a new city license whenever a retailer “derives more than 20 percent of their gross revenue from the sale of electronic cigarette products, accessories or liquid nicotine products.”

The ordinance also would require so-called “retail vape stores” or retail tobacco dealers to be a minimum of 1,000 feet away from each other; prohibit the use of electronic cigarettes in retail tobacco stores; “explicitly require” tobacco licensees to keep records of tobacco and e-cigarette sales; and double the fine for selling tobacco products to minors — to a minimum of $2,000 and as a maximum of $10,000 for each offense.

Napolitano swung into action at the behest of a concerned and politically-savvy mother in his Far Northwest Side ward.

Kim McAuliffe started an online petition targeting an Edison Park store that used gym shoes to lure young customers and sold vaping products once they got those teens inside. McAuliffe could not be reached for comment on Monday. Neither could the owners of Smokes N Kicks.

Smokes N Kicks and stores like it would not shut down, even if the full City Council approves Napolitano’s ordinance. But he’s hoping it’ll stop the proliferation of stores like it.

“Your business model can’t be vape, tobacco and gym shoes. Anything over 20 percent of your gross revenue, you’re gonna need a special license for that,” Napolitano said.

“As these things are popping up everywhere, it’s almost impossible for inspectors … to be in every shop. ... This is gonna give aldermen a say in what’s going up in their business corridors.”

Chicago has been a trailblazer for decades in the fight to protect the public from the health dangers posed by smoking and tobacco-related products.

Former Mayor Rahm Emanuel raised the smoking age to 21; imposed the nation’s highest cigarette tax; banned e-cigarettes wherever smoking is prohibited; moved them behind the counter of retail stores; snuffed out sales to minors; and banned the sale of flavored tobacco products within 500 feet of schools.

Emanuel also filed rapid-fire lawsuits against the e-cigarette industry. Mayor Lori Lightfoot has done the same.

Health Commissioner Dr. Allison Arwady has cited studies showing 80% of youth tobacco users started with a flavored product such as e-cigarettes or menthol cigarettes. Roughly the same percentage of minors and young adults “say they would quit if flavored tobacco products were unavailable,” the commissioner has said.

“Yet flavors are often marketed to give youth the impression that flavored products are safer than other tobacco products,” Arwady was quoted as saying.

“This deceit not only harms the individual, but also has ripple effects across the public health system.”