This measure would prohibit the sale, distribution, offering for sale or distribution, or causing the sale or distribution of flavored tobacco products.
Specifically, this measure provides that no person, tobacco retail establishment, or manufacturer shall sell, distribute, offer to sell or distribute, or cause to be sold or distributed in any tobacco retail establishment, online, or through other means to any consumer in the Commonwealth any flavored tobacco product. No person, tobacco retail establishment, or manufacturer shall market or advertise a proposed sale or distribution prohibited by this subsection. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retail establishment, manufacturer, or any employee or agent of a tobacco retail establishment or manufacturer makes a public statement or claim that tobacco product imparts a taste or smell other than the taste or smell of tobacco, or uses text, images, or coloring on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a taste or smell other than the taste or smell of tobacco”Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including any e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device” also means any component, part, or accessory of such device and any substance intended to be aerosolized or vaporized during the use of such device, whether or not the substance contains nicotine. “Electronic smoking device” does not include drugs, devices, or combinations thereof authorized for sale by the U.S. Food and Drug Administration, as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 321 et seq.).”Flavored tobacco product” means any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the tobacco product including any taste or smell relating to menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, fruit, dessert, alcoholic beverage, herb, or spice.”Tobacco product” means (i) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including any cigarette, cigar or pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substance that may be aerosolized or vaporized by an electronic smoking device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product or substance described in subdivisions (i) and (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, hookahs, and pipes. “Tobacco product” does not include drugs, devices, or combinations thereof authorized for sale by the U.S. Food and Drug Administration, as defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 321 et seq.).”Tobacco retail establishment” means any place of business where tobacco products are available for sale to the general public, including any grocery store, tobacco product shop, kiosk, convenience store, gasoline service station, or restaurant at which tobacco products are available for sale. “Tobacco retailer” means any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation that owns, operates, or manages any tobacco retail establishment. “Tobacco retailer” does not include an employee of a tobacco retailer who is not in a management position.