Bill > A966

Introduced Session

This bill prohibits the sale, offer for sale, and distribution of electronic smoking devices and related products and cigarettes that have a characterizing flavor. As used in the bill with regard to electronic smoking devices, "characterizing flavor" means a distinguishable flavor, taste, or aroma, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, or spice flavoring, that is imparted, prior to or during consumption, by an electronic smoking device or any cartridge or other component of the device or other related product, including liquid nicotine, or any smoke or vapor emanating from that device or product. "Characterizing flavor" does not mean a naturally occurring flavor that has not been added to during the manufacture or distribution of the electronic smoking device or any cartridge or other component of the device or other related product. "Electronic smoking device" means any device that can be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Electronic smoking device" includes any component, part, or accessory of the device, and any substance that may be aerosolized or vaporized by the device, whether or not the substance contains nicotine. "Electronic smoking device" does not include drugs, devices, or combination products authorized for sale by the federal Food and Drug Administration under the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq. A retailer who violates the provision of the bill pertaining to electronic smoking devices is to be liable to a civil penalty of not less than $500 for the first violation, not less than $750 for the second violation, not less than $1,000 for the third, and for the fourth and each subsequent violation, not less than $1,000 and a three-year suspension of the person's retail dealer licensee issued pursuant to P.L.1948, c.65 C.54:40A-1 et seq. Under the bill, no retailer is to sell or distribute cigarettes, which contain a natural or artificial constituent or additive that causes the cigarette or any smoke emanating from that product to have a characterizing flavor other than tobacco. As used in the bill with regard to cigarettes, "characterizing flavor other than tobacco" means that: the cigarette, or any smoke emanating from that product, imparts a distinguishable flavor, taste or aroma other than tobacco prior to or during consumption, excluding a naturally occurring flavor that has not been added to the cigarette during the manufacture or distribution of the cigarette, and including, but not limited to, any menthol, mint, wintergreen, clove, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring; or the cigarette or any component part thereof is advertised or marketed as having or producing any such flavor, taste or aroma. The bill provides that a retailer who violates this provision of the bill pertaining to cigarettes is to be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation.

AI Summary

Committee Categories

Herbert Conaway (D)*,  Carol Murphy (D)*,  Valerie Vainieri Huttle (D)*,  Daniel Benson (D),  Chris DePhillips (R),  JoAnn Downey (D),  Jamel Holley (D),  Eric Houghtaling (D),  Angelica Jimenez (D),  Sean Kean (R),  Gabriela Mosquera (D),  Verlina Reynolds-Jackson (D), 

Introduced, Referred to Assembly Health Committee (on 01/14/2020)

Official Document