SENATE BILL NO. 783

February 05, 2020, Introduced by Senator RUNESTAD and referred to the Committee on Regulatory Reform.

"Youth tobacco act,"

(MCL 722.641 to 722.645) by adding section 1a.

the people of the state of michigan enact:

Sec. 1a. (1) A person who sells vapor products at retail shall not do any of the following:

(a) Advertise a vapor product with the intent to encourage a minor to use a vapor product.

(b) Entice a minor to use a vapor product through the use of a display that includes any of the following:

(i) A cartoon.

(ii) An image, character, or phrase that is similar to an image, character, or phrase popularly used in advertising to children.

(iii) A video game, movie, or animated television show that is known to appeal primarily to minors.

(iv) An imitation of candy in packaging or labeling.

(v) A name common to "candy" or "candies", or other variants in spelling such as "kandy" or "kandeez".

(vi) The names of common dessert foods, including, but not limited to, milkshake, cupcake, or thin mint.

(c) Display a vapor product that has on its packaging an indication or illustration, including a brand element, that could cause a minor to believe that the product is flavored if there is a reasonable belief that the indication or illustration may appeal to a minor.

(d) Advertise a vapor product in a manner that causes a minor to believe that health benefits may be derived from the use of the vapor product, unless the vapor product is approved by the United States Food and Drug Administration.

(e) Promote a vapor product by means of lifestyle advertising.

(f) Promote a vapor product by comparing the health effects that arise from the use of vapor products with the health effects that arise from the use of tobacco products.

(g) Promote a vapor product by means of a paid or unpaid sponsorship of a concert, sports event, or any event with an audience that has a significant percentage of minors or an event with paid participants who are minors.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by a fine as follows:

(a) For a first offense, not more than $500.00.

(b) For a second offense, no more than $1,000.00.

(3) Subject to the restrictions in this section, a person may sell a vapor product of any flavor to an individual who is at least 21 years of age.

(4) As used in this section, "lifestyle advertising" means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life, including one that includes glamour, recreation, excitement, vitality, risk, or daring.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No. 781.

(b) Senate Bill No. 782.