Bill > H3469

This bill, titled "To promote disclosure of toxins in e-cigarettes," amends Chapter 94 of the General Laws by adding a new section, 307D, which requires manufacturers of e-cigarettes to annually report the concentration of any toxins found in the vapor produced by their products to the Department of Public Health. An "e-cigarette" is defined broadly to include any electronic device that vaporizes liquids or solids to deliver nicotine vapor, regardless of its specific product name. A "manufacturer" is defined as the entity that produces the e-cigarette, or if produced in a foreign country, the importer or domestic distributor, with provisions for companies having a U.S. presence or assets to also be considered manufacturers. The Department of Public Health will make these reports publicly available on its website. Failure to file the required report by the deadline will result in a daily fine of $10,000 for the manufacturer, and knowingly understating toxin concentrations by an amount exceeding a range set by the department will also incur a daily fine of $10,000 until an amended report is filed. Selling e-cigarettes without a filed report or an amended report as required will be considered an unfair or deceptive act under Chapter 93A, which governs consumer protection. The Department of Public Health is given 90 days from the act's effective date to create regulations detailing which toxins and their concentrations must be reported, and Section 1 of this bill will become effective 180 days after its passage.