a. Presentation Discussion
Flucas reported on several emerging substances of concern found in local retail settings.
Feel Free, marketed as a natural energy drink, acts on opioid receptors, causes
withdrawal-like symptoms, and is not responsive to naloxone, creating treatment
challenges. A compound known as 7-OH similarly binds to opioid receptors, and the FDA
is moving toward a Schedule II classification. Concerns were also noted about adulterated
kratom products, which increase dependence and illness risk, and kava, which poses
risks of liver damage, dependence, anxiety, insomnia, and addiction. The FDA is aware of
these products, and local cases have been reported. Surveillance continues, with such
products observed in vape shops.
Legal age requirements for tobacco sales remain inconsistent-federal law sets the
minimum age at 21, Missouri state law at 18, and city ordinance at 21. Within city limits,
under-21 individuals may sell but not purchase tobacco, revealing potential supply chain
loopholes. A free, state-supported Tobacco Retailer Training Program is available,
providing a standardized curriculum and QR code access for retailers. The training has
been positively received and is used for immediate corrective education when violations
occur. Year-to-date, the local health department recorded one underage sales violation,
while the FDA documented three through its youth buyer program. This reflects a notable
decline compared to 11 violations last year and 26 three years ago. Potential policy
changes include exploring a city ordinance requiring retailer training, modeled after
SMART server training, and linking it to the Tobacco Retail License (TRL).
Perkins stated Department staffing has improved, allowing for greater enforcement
capacity, including support during Stop Day events. The alcohol compliance data system
is undergoing updates, and staff are working with IT to restore full reporting by the next
session.
Flucas stated Nicotine pouches-often containing more nicotine than cigarettes, with
some exceeding 90 mg per pouch-are marketed as cessation aids despite only 3 mg and
6 mg FDA-approved nicotine replacement products being sanctioned. Age restriction
enforcement varies, with some clerks misclassifying pouches as non-tobacco.
Compliance checks identified pouch sales among the small number of recent violations,
alongside one vape and one JUUL pod sale. Many campus and organizational
tobacco-free policies do not explicitly include pouches, and staff recommended policy
updates. State-provided policy mapping resources are available to assist institutions, and
the city may review its policy to ensure inclusion. An increase in cigarette and cigar use
was noted, possibly influenced by greater media portrayal and normalization.
Proposed legislation restricting candy-like nicotine and THC packaging did not pass, and
such products remain available in shops. These items pose risks due to child-appealing
designs, unclear labeling, and potential for nicotine overdose. The federal Farm Bill’s
hemp provisions allow retail sales of Delta-8 and Delta-9 THC products, including edibles
and beverages, with limited oversight and inconsistent labeling or testing standards. Local
regulation is constrained until federal or state law changes. City Council has also
expressed interest in exploring a local vaping tax to offset declining cigarette tax
revenues, with the goal of reducing youth access and use. Challenges include the
absence of a comprehensive statewide retailer database for vape sellers and potential
preemption concerns if state action is not aligned
VI. NEW BUSINESS
a. None