HF 1913

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; prohibiting the sale
of flavored cigarettes, cigars, and smokeless tobacco
products; providing remedies; proposing coding for new
law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LEGISLATIVE FINDINGS.
new text end

new text begin The legislature finds that there has been a proliferation
of flavored tobacco products in recent years. Many of these
products have flavors that are particularly attractive to
children. These tobacco products have had flavors such as
fruit, chocolate, vanilla, honey, candy, mint, cocoa, dessert,
and herb or spice flavorings that are attractive to children.
new text end

new text begin According to survey evidence and public health experts,
children are significantly more likely than adults to choose
flavored cigarettes. In addition, product names for flavored
tobacco products are similar to product names for candy, drinks,
and other products directly marketed to children.
new text end

new text begin Thus, the sale and distribution of these flavored tobacco
products increase the incidence of tobacco use among children.
new text end

Sec. 2.

new text begin [325F.782] FLAVORED CIGARETTES; TOBACCO PRODUCTS;
SALES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this
section, the following terms have the meanings given them:
new text end

new text begin (1) "characterizing flavor" means a distinguishable taste
or aroma, other than tobacco, menthol, or clove, imparted either
prior to or during consumption;
new text end

new text begin (2) "chewing tobacco" means loose tobacco or a flat
compressed cake of tobacco that is inserted into the mouth;
new text end

new text begin (3) "component parts" includes, but is not limited to, the
tobacco, filter, or paper in a cigarette or cigar;
new text end

new text begin (4) "constituent" includes a smoke constituent;
new text end

new text begin (5) "smokeless tobacco" means chewing tobacco or tobacco
snuff; and
new text end

new text begin (6) "tobacco snuff" means a small amount of shredded,
powdered, or pulverized tobacco that may be inhaled through the
nostrils, chewed, or held in the mouth of an individual user.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person shall sell, distribute,
or offer for sale in this state or to any person in this state
any cigarette, cigar, smokeless tobacco product or any component
part thereof containing a natural or artificial constituent or
additive that causes the cigarette, cigar, or smokeless tobacco
product to have a characterizing flavor.
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin The attorney general may institute a
civil action in the name of the state of Minnesota in the
district court for an injunction prohibiting a violation of this
section. The court, upon notice to the defendant of not less
than five days, and upon proof that the defendant has violated
this section, may enjoin further sale or distribution by the
defendant. The court may impose a civil penalty in an amount
not to exceed $5,000 for each violation. The attorney general
may recover costs and disbursements, including costs of
investigation and reasonable attorney fees. Nothing in this
section precludes the state or any other person from pursuing
any other claims, remedies, or actions available by law.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 2 is effective the day following final enactment.
new text end