HB119 Alabama 2020 Session

Under existing law, an individual under the age of 19 may not purchase, possess, or transport tobacco products, electronic nicotine delivery systems, or alternative nicotine products

Existing law also places restrictions on the advertisement and marketing of electronic nicotine delivery systems and alternative nicotine products

This bill would raise the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21

This bill would prohibit the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances

This bill would prohibit manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children

This bill would require retailers offering electronic nicotine delivery systems for sale to place signs in a prominent area near the point of sale containing statements that Alabama law prohibits their sale to persons under the age of 21, that they have the potential to transfer harmful heavy metals into the body during use, and that they contain nicotine unless otherwise marked

This bill would also prohibit the sale of alternative nicotine products or electronic nicotine delivery systems in vending machines unless entry to the facility is restricted to persons 21 years of age and older

Relating to tobacco products and electronic nicotine delivery systems and products; to amend Sections 13A-12-3, 13A-12-3.1, 28-11-4, 28-11-11, and 28-11-13, as last amended by Act 2019-233, 2019 Regular Session, and Sections 28-11-1, 28-11-3, 28-11-5, 28-11-6.1, 28-11-6.2, 28-11-14, 28-11-15, 28-11-16, and 28-11-18, Code of Alabama 1975, to raise the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 years to 21 years; to prohibit the advertisement of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain print or electronic media; to prohibit manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from sponsoring, financing, or advertising an academic scholarship of any kind, from advertising at or sponsoring stadiums, concerts, sporting events, or other public events meeting certain criteria, and from targeting children in the marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems or alternative nicotine products; to require retailers offering electronic nicotine delivery systems for sale to place signs in a prominent area near the point of sale containing statements that Alabama law prohibits their sale to individuals under the age of 21, that they have the potential to transfer harmful heavy metals into the body during use, and that they contain nicotine unless otherwise marked; and to prohibit the sale of alternative nicotine products or electronic nicotine delivery systems in vending machines unless entry to the facility is restricted to individuals aged 21 years and older.