Bill > S1939

Introduced Session

This bill prohibits the sale of certain items which use advertisements linked or alluding to controlled dangerous substances or analogs. The bill bans the sale of any food, beverage, or other product meant to be ingested or inhaled which uses the advertisement on its packaging or elsewhere. The bill further prohibits the sale of any product using the advertising, regardless of the product's intended use, to a person under 18 years of age. The bill specifies that the provisions do not apply to any prescription medication dispensed by a pharmacist pursuant to a valid prescription. A violation under the bill would be an unlawful practice under the Consumer Fraud Act, which is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 03/14/2016)