Bill > A1810

Introduced Session

This bill extends the current ban on the sale of flavored cigarettes to include menthol cigarettes, which were exempted from the flavored cigarette ban when it was first enacted in 2008. The bill also bans flavored oral nicotine pouches and non-premium cigars, as those terms are defined in the bill. The bill additionally makes the prohibitions and the penalties under the flavored cigarette ban applicable to retailers, rather than individuals. The revision to the flavor ban means that a retailer is not to, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person an oral nicotine pouch, a non-premium cigar, or a cigarette, or any component part thereof, which contains a natural or artificial constituent or additive that causes the oral nicotine pouch, non-premium cigar, or cigarette, or any smoke emanating from the cigarette or non-premium cigar, to have a characterizing flavor other than tobacco. In no event is an oral nicotine pouch, a non-premium cigar, or a cigarette or any component part thereof to be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means. The existing penalties under the flavored cigarette bill will continue to apply, such that a retailer who makes a prohibited sale will 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. In addition, upon the recommendation of the municipality in which the violation occurred, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation, revoke the retailer's tobacco retailer license. The licensee will also be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.

AI Summary

Committee Categories

Alixon Collazos-Gill (D)*,  Gary Schaer (D)*,  Chris DePhillips (R),  Verlina Reynolds-Jackson (D),  Shanique Speight (D), 

Introduced, Referred to Assembly Health Committee (on 01/09/2024)

Official Document