summary
Introduced
02/02/2026
02/02/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Flavored Tobacco Ban Act. Provides that a distributor, secondary distributor, retailer, or any of the retailer's agents or employees may not sell, offer for sale, or possess with the intent to sell or offer for sale a flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product, or flavored solution or substance intended for use with electronic cigarettes. Provides that a distributor may temporarily possess or store in the State, flavored tobacco products, related tobacco products, flavored alternative nicotine products, or flavored solutions or substances intended for use with electronic cigarettes, acquired by the distributor outside this State that, after being brought into this State and possessed or stored here temporarily, are shipped by the distributor outside the State. Provides that there is a rebuttable presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product, or flavored solution or substance intended for use with electronic cigarettes if the tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes has or produces a characterizing flavor or, if a manufacturer or any of a manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product's labeling or packaging that are used to explicitly or implicitly communicate or suggest that the tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes has a characterizing flavor. Provides for the suspension of distributors licenses for violation of the Act. Requires the Department of Human Services to enforce the Act. Grants the Department rulemaking powers. Amends various other Acts to make conforming changes. Effective June 1, 2026.
AI Summary
This bill, titled the Flavored Tobacco Ban Act, prohibits distributors, secondary distributors, retailers, and their employees from selling, offering for sale, or possessing with intent to sell any flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product (a tobacco-free product that delivers nicotine), or flavored solution or substance intended for use with electronic cigarettes (devices that heat a liquid to produce an inhalable vapor). A "characterizing flavor" is defined as any distinguishable taste or aroma other than tobacco, including fruit, mint, or candy flavors, and products will be presumed to be flavored if they have such a flavor or if manufacturers claim they do through labeling or marketing. Distributors are allowed to temporarily store these flavored products in the state if they are acquired out-of-state and then shipped out-of-state. The Department of Human Services is tasked with enforcing this act, and violations can lead to the suspension of distributor and retailer licenses, with penalties increasing for repeat offenses. The bill also makes conforming changes to existing laws regarding tobacco taxes and licensing, and it will take effect on June 1, 2026.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
To Tobacco (on 02/18/2026)
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