MODEL BILLS

Flavored Tobacco Products Prohibition Act

Summary: The Flavored Tobacco Products Prohibition Act prohibits the sale of all flavored tobacco products, including vapes, cigars and menthol cigarettes. Massachusetts became the first state to enact such a law, in November 2019.

Model based on Virginia HB 93 (2020)

SECTION 1. SHORT TITLE

This Act shall be called the “Flavored Tobacco Products Prohibition Act.”

SECTION 2. PURPOSE

This law is enacted to protect the health and safety of residents, especially children who are most susceptible to flavored tobacco products.

SECTION 3. PROHIBITION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a flavored tobacco product or component part thereof, including tastes or aromas relating to any fruit, chocolate, menthol, mint, wintergreen, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; however, a tobacco product may not be considered to have characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

(2)”Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a product during the processing, manufacture, or packaging of the tobacco product. “Constituent” includes any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from the tobacco, filter, or paper to the smoke produced by a product, or forms by the combustion or heating of tobacco, additives, or other components of a product.

(3) “Flavored tobacco product” means a cigarette or an alternative nicotine product, a heated tobacco product, liquid nicotine, loose leaf tobacco, moist snuff, nicotine vapor product, or a tobacco product, as such terms are defined in [insert relevant section], that contains a constituent that imparts a characterizing flavor.

(B) BAN ON FLAVORED TOBACCO PRODUCTS—No person shall sell or distribute or offer to sell or distribute in the State any flavored tobacco product. Any person who violates the provisions of this section shall be assessed a civil penalty of $1,000 for a first offense and $5,000 for a second or subsequent such offense. The civil penalties shall be assessed and collected by the [Department] as other taxes are collected.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.