By Staff Reporter |

The Arizona House passed new regulations addressing nicotine products that allegedly target children.

HB 4001 passed out of the House on Monday, 32-19.

The bill passed with majority support from Republican members. Five Democratic members and three Republican members voted against the bill.

Arizona law prohibits individuals under the age of 21 from purchasing or possessing tobacco or vapor products. 

HB 4001, as passed by the House, would prohibit marketing, advertising, or selling alternative nicotine products in containers depicting any cartoon character mimicking a character primarily aimed at entertaining, mimicking a trademark or a symbol aimed at minors, including the image or name of a celebrity, or meaning to disguise the appearance of an alternative nicotine product. 

The bill would also expand the powers and requirements for the Department of Liquor Licenses and Control (DLLC) to enforce laws against the sale or possession of alternative nicotine products to those under 21. Come 2028, the legislation would also require individuals to obtain licenses for the sale and manufacture of alternative nicotine products. Those licenses would need renewal every two years. 

State Rep. Jeff Weninger (R-LD13) said in a statement that the legislation strengthens state oversight of the nicotine market.

“Arizona should not tolerate a market where nicotine products are packaged to look like toys and sold with weak oversight,” said Weninger. “This bill puts guardrails in place, holds bad actors accountable, and makes clear that if you are in this business, you are going to follow the law.”

State Rep. Cesar Aguilar (D-LD26) said the “fine print” of the bill would prevent Attorney General Kris Mayes from taking action against vaping companies. Aguilar accused Weninger of pushing a bill backed by Big Tobacco and vape retailers. Aguilar took particular issue with the $10,000 fine for individuals who distribute, manufacture, or sell alternative nicotine products without a license, arguing it was too low. 

“They don’t care about our children, they care about their pockets. If we really wanted to protect youth of Arizona, we would empower the attorney general to go after these predatory companies, not take away [her] power to enforce,” said Aguilar. 

State Rep. Alexander Kolodin (R-LD3) argued against the bill for different reasons. Kolodin said the legislature shouldn’t be focused on expanding regulatory oversight. Instead, Kolodin advocated for the legislature to take a hands-off approach so parents could address the issue. 

“Let the parents of Arizona decide how they’re going to monitor and discipline their kids to make sure their kids are not accessing anything they’re not supposed to be accessing,” said Kolodin. “50 years ago that concept in this country was common sense, and I have no idea why this body has chosen so often to depart from it, but I choose not to.” 

Weninger defended his bill from the bipartisan naysayers. He emphasized the legislation’s focus was necessary to hold manufacturers, distributors, and retailers responsible for enticing children with nicotine products. 

“The status quo is, kids are in the high school bathrooms vaping and smoking because it’s being sold to minors. This would severely penalize those people,” said Weninger. 

Weninger indicated the Senate may have more amendments for his bill, but he didn’t specify what those would entail.

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