HB 3960

Abstract

Creates the Electronic Cigarettes Youth Access Prevention Act. Provides that a person who sells an electronic cigarette without a proper license under the Tobacco Products Tax Act of 1995 shall be subject to specified additional civil penalties. Prohibits manufacturers, distributors, or retailers of electronic cigarettes from selling, offering for sale, or distributing any electronic cigarette with labeling or packaging intended to be attractive to persons under 21 years of age and provides criteria to determine whether packaging or labeling is attractive to such persons. Requires all labeling and packaging of electronic cigarettes to include nicotine warning statements. Provides that manufacturers, distributors, or retailers of electronic cigarettes shall not sell, advertise, or market an electronic cigarette unless specified conditions have been met. Provides that a retailer shall not sell more than 2 electronic cigarettes or 5 cartridges or containers of electronic cigarette solution in one transaction to a final consumer. Provides that failure to comply with the marketing, labeling, advertisement, or additional retailer requirements of the Act is punishable by a civil penalty. Provides that provisions regarding marketing, labeling, and advertisement requirements do not apply to any noncommercial speech. Requires moneys collected from the civil penalties to be deposited into the Electronic Cigarettes Youth Access Prevention Fund to be used by the Department of Human Services for the implementation and enforcement of the Act, including, but not limited to, unannounced investigations of retailers licensed under the Tobacco Products Tax Act of 1995 and investigations of unlicensed sellers of electronic cigarettes. Amends the State Finance Act to make a conforming change. Effective immediately.