By Staff Reporter |
Arizona now has a stricter law on underage nicotine sales.
House Bill 4001 establishes stricter statewide standards for alternative nicotine products. One major point of the law is a new prohibition on these products from being packaged in ways intended to appeal to minors, such as designs that resemble toys, food, or electronics.
Specifically, alternative nicotine products may not be associated with a cartoon-like fictional character mimicking a character primarily aimed at entertaining; imitation or mimicry of a trademark or trade dress of a product primarily marketed to minors; a symbol primarily used to market products to minors; a celebrity’s name or image; a product shape or design meant to disguise appearance, such as a school or office supply, smart phone, smart watch, smart phone or smart watch case, headphones, ear buds, clothing item, backpack, cosmetic or cosmetic container, toy, video game device, or food or beverage product.
The law defines “alternative nicotine products” as any noncombustile produce containing nicotine intended for human consumption, which includes chewing, absorption, dissolution, ingestion, or inhaling.
Any violation of the marketing restrictions on alternative nicotine products would incur a class 3 misdemeanor.
The law also imposed a tiered punishment system for those who sell alternative nicotine products to underage individuals. The punishments for a first offense include fines ranging between $500 and $750, and required completion of a court-approved tobacco retailer educational course. Those who continue to sell to underage individuals must also complete a court-approved tobacco retailer educational course, but face increasing prohibition periods on the sale of alternative nicotine products up to one year, increasing fines up to $10,000, and increasing criminal charges up to a class 5 felony.
Republican Rep. Jeff Weninger (LD13), the bill sponsor, said in a press release that nicotine companies shouldn’t be looking for ways to entice children to their products, and that businesses have a duty to ensure their customers are of age.
“Nicotine products should not be designing products that look like toys or marketing them in ways that appeal to high school students,” said Weninger. “If you are selling nicotine products to minors, Arizona is no longer going to look the other way.”
Additionally, the law increased age-verification requirements and penalties for anyone who sells nicotine products to underage individuals.
Similar to alcohol, the state prohibits the sale of nicotine products to individuals under the age of 21. The minimum age was raised from 18 to 21 last year in order to conform with federal regulations amended in 2019. Active military personnel who are at least 18 years of age are exempted from this minimum age requirement.
Arizona will also require alternative nicotine product manufacturers or distributors to obtain licensure from the Arizona Department of Liquor Licenses and Control (DLLC) beginning in 2028.
DLLC estimated that the cost to hire the new personnel necessary to ensure enforcement of this new law would amount to about $3.6 million annually, though the Joint Legislative Budget Committee (JLBC) disclosed that it couldn’t validate that cost assessment. JLBC’s assessment of the law’s fiscal impact advised that licensure revenues were indeterminable since the law didn’t establish specific license fees.
Those who distribute alternative nicotine products without a license run the risk of earning a class 5 felony, which results in a mandatory $10,000 fine, prohibition on the sale or distribution of alternative nicotine products for one year, and any other punishments deemed appropriate by a court.
Gov. Katie Hobbs signed the legislation into law earlier this month.
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