Retailers criticize proposed Linn County tobacco restrictions

CEDAR RAPIDS - Proposals to ban a type of smokeless tobacco and to restrict tobacco sales practices in Linn County drew criticism Monday from retailers.

“A law that outlaws legal tobacco products does not need to be adopted,” said Susan Jobson, manager of one of two Tobacco Outlet stores in Cedar Rapids.

A scheduled hearing on three proposed new tobacco ordinances wasn't held because District 1 Supervisor Lu Barron, D-Cedar Rapids, was absent, but supervisors heard comments from Jobson and Roger Fuller, area representative of tobacco wholesaler Farner-Bocken Co.

“The retailers are doing their part to protect our children,” said Fuller, of Marion.

The proposed rules would ban the sale of dissolvable tobacco products, prohibit “buy one, get one” sales in which two products are sold for a combined price, and ban free distribution of tobacco samples at age-restricted temporary structures such as tents.

“The county is inviting a lawsuit,” Fuller said of the plan to ban an otherwise legal product.

Although dissolvables aren't yet sold in Linn County, “we don't want to be at a competitive disadvantage,” Jobson said. She said youths under 21 aren't allowed in Tobacco Outlets, which employ nine people.

“These ordinances are going to put some of those jobs at risk,” Jobson said.

She said she also wants the flexibility to offer buy-one get-one promotions.

District 4 Supervisor Brent Oleson agreed that a product ban could run afoul of existing state and national laws.

"It is becoming quite clear that Iowa law does in fact pre-empt what these laws are trying to do,” said Oleson, R-Marion. “We need to take a step back and see we're doing the right thing.”

The dissolvables, sold as orbs, sticks and strips, were targeted by Linn County Public Health. Critics say they're designed to appeal to young people.

County spokeswoman Joi Bergman said the tobacco ordinances will be moved to an upcoming meeting, although it won't be on the agenda for Wednesday's formal session.

No one commented during a public hearing on issuing up to $8 million in bonds to fund the county's share of a new public-service radio network.