Kansas City is revisiting a ban on flavored tobacco products. Will it pass?

For the second time in four years, Kansas City officials are proposing to ban flavored tobacco products in an ordinance intended to curb tobacco use in teenagers and communities of color.

In 2020, the legislation was led by councilwomen Ryana Parks-Shaw and Melissa Robinson, who are both Black, but it didn’t make it to council. They were the only two votes in favor of the bill in the Finance, Governance and Public Safety Committee.

This time, Mayor Pro Tem Parks-Shaw is leading the push without Robinson, but has four co-sponsors, including 4th district councilman Eric Bunch.

“These products are designed and marketed to appeal to young people and vulnerable populations, leading to early addiction and a lifetime of health issues,” Bunch said in a statement sent to The Star. “Flavored products make it easy to start and hard to quit. By taking action, we are prioritizing public health and taking responsible action to safeguard our community.”

In 2009, the U.S. Food and Drug Administration banned flavored tobacco products but exempted menthol. The FDA ordered the removal of flavored cartridge-based e-cigarettes from the market in 2020, but does not account for the sale of tobacco and menthol flavored cartridge-based e-cigarettes, flavored disposable e-cigarettes, or refillable flavored e-cigarette products.

Youth tobacco use, health risks and health disparities in communities of color and low-income neighborhoods were reasons that Parks-Shaw used for the ordinance, citing information from the American Heart Association.

The ordinance would eliminate the sale of flavored tobacco, nicotine and vapor products in the city, create a license to sell tobacco products to identify retailers and require annual compliance checks to verify the products are no longer sold. Almost 400 cities and towns across the country have restricted the sale of flavored tobacco products.

Kansas City would be the first city in Missouri and Kansas to pass such an ordinance.

‘Assessing the ordinance’

Mayor Quinton Lucas has taken an observant approach to the ordinance before it is presented to the council.

“Mayor Lucas is assessing the ordinance and will plan to gather additional information from experts, impacted local businesses, and community members before making an informed decision,” a spokesperson for Lucas said.

In 2020, council members and business owners pushed back against the legislation saying it was too broad and didn’t account for products like flavored pipe tobacco and premium cigars that don’t appeal to underage users.

There is also a financial component councilors must consider.

The city collected $1.6 million in cigarette stamp taxes in the last fiscal year from businesses who sell cigarettes. The city’s finance department estimates between $1 million and $6 million in stamp and sales tax revenue could be lost because of the ordinance. Vapes and non-cigarette products are exempt from the stamp tax.

The ordinance will be discussed in the council’s meeting Thursday at 3 p.m.