(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways:
a. As a tobacco cessation product.
b. As a healthier alternative to smoking.
c. As available for purchase in any variety of flavors other than tobacco, mint, or menthol on any outdoor billboard.
d. On any outdoor billboard located within 1,000 feet of any public or private K-12 school or public playground.
(2)Paragraphs (1)a. and (1)b. are not applicable to products that have received an order from the FDA permitting the product to be marketed as a modified risk tobacco product and are marketed in accordance with that order.
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(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways:
a. As a tobacco cessation product.
b. As a healthier alternative to smoking.
c. As available for purchase in any variety of flavors other than tobacco, mint, or menthol on any outdoor billboard.
d. On any outdoor billboard located within 1,000 feet of any public or private K-12 school or public playground.
(2) Paragraphs (1)a. and (1)b. are not applicable to products that have received an order from the FDA permitting the product to be marketed as a modified risk tobacco product and are marketed in accordance with that order.
(b)(1) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not in any way sponsor, finance, or advertise a scholarship of any kind using the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system.
(2) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not use the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system to advertise at or sponsor any event at a stadium, concert, sporting event, or other public performance event for which individuals 21 years of age or older make up less than 85 percent of the total age demographic of individuals performing at the event.
(3) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise a tobacco product, electronic nicotine delivery system, e-liquids, or alternative nicotine product in a newspaper, magazine, periodical, or other print or digital publication distributed in this state for which less than 85 percent of the viewership or readership of the publication is made up of individuals 21 years of age or older as measured by competent and reliable survey evidence.
(c)(1) A violation of subsection (a) or subsection (b) shall result in a three hundred dollar ($300) fine for the first occurrence.
(2) A second or subsequent violation of subsection (a) or subsection (b) shall result in a seven hundred fifty dollar ($750) fine per occurrence.
(3) Each day a violation of subsection (a) or subsection (b) persists shall constitute a separate and subsequent violation.
(d) A retailer or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise, market, or offer for sale tobacco, a tobacco product, an electronic nicotine delivery system, an e-liquid, or an alternative nicotine product in any of the following ways:
(1) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “candy” or “candies,” any variant of these words, or any other term referencing a type or brand of candy, including types or brands of candy that do not include the words “candy” or “candies” in their names or slogans.
(2) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies,” any variant of these words, or any other term referencing a type or brand of cake, pastry, or pie, including types or brands of cakes, pastries, or pies that do not include the words “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies” in their names or slogans.
(3) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that imitates or replicates those of food brands or other related products that are marketed to minors, including, but not limited to, breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops.
(4) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that depicts or signifies characters or symbols that are known to appeal primarily to minors, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery.
(e) The board may adopt rules to implement this section, including rules regarding the suitability of labels and procedures to reject advertising that appeals to minors, including, but not limited to, the design of a product, its packaging, or its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery. The board may adopt rules to implement an appeal process to review any labels that are denied.
(f) Any item found in violation of subsection (d) is a prohibited item and shall be considered contraband and may be seized as provided by Section 28-11-14 by an agent of the board or any law enforcement officer.
(g) A specialty retailer of electronic nicotine delivery systems may have a sign indicating the trade name of the business. However, no additional signs, banners, or flashing lights of any kind may be visible to the public from outside of the business advertising that the business sells electronic nicotine delivery systems, alternative nicotine products, or e-liquids, including any depictions or representations of any such products.
(h) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.