SF 4351

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 04:21pm

A bill for an act
relating to commerce; prohibiting advertisement, distribution, and sale of certain
vapor products; defining terms; establishing private right of action and civil penalty;
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 [325F.782] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 325F.782 to 325F.7822, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Minor. new text end

new text begin "Minor" means an individual who is younger than 21 years of age.
new text end

new text begin Subd. 3. new text end

new text begin Vapor product. new text end

new text begin "Vapor product" means a noncombustible product that employs
a heating element, power source, electronic circuit, or other electronic, chemical, or
mechanical means, regardless of shape or size, that can be used to produce vapor from
nicotine or any other substance, and the use or inhalation of which simulates smoking. Vapor
product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device. Vapor product also includes a vapor cartridge or other
container of nicotine or other substance in a solution or other form that is intended to be
used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device.
new text end

Sec. 2.

new text begin [325F.7821] PROHIBITION ON DECEPTIVE VAPOR PRODUCTS.
new text end

new text begin A person or entity must not market, promote, label, brand, advertise, distribute, offer
for sale, or sell a vapor product by:
new text end

new text begin (1) imitating a product that is not a vapor product, including but not limited to:
new text end

new text begin (i) a food or brand of food commonly marketed to minors, including but not limited to
candy, desserts, and beverages;
new text end

new text begin (ii) school supplies commonly used by minors, including but not limited to erasers,
highlighters, pens, and pencils; and
new text end

new text begin (iii) a product based on or depicting a character, personality, or symbol known to appeal
to minors, including but not limited to a celebrity; a character in a comic book, movie,
television show, or video game; and a mythical creature;
new text end

new text begin (2) attempting to conceal the nature of the vapor product from parents, teachers, or other
adults; or
new text end

new text begin (3) using terms for, describing, or depicting any product described in clause (1).
new text end

Sec. 3.

new text begin [325F.7822] REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Private right of action. new text end

new text begin A person or entity who violates section 325F.7821
is subject to the penalties and remedies, including a private right of action to recover damages,
provided under section 8.31.
new text end

new text begin Subd. 2. new text end

new text begin Civil penalty. new text end

new text begin In addition to the penalties and remedies under subdivision 1,
the attorney general is entitled to sue for and recover on behalf of the state a civil penalty
from a person or entity who violates section 325F.7821. The court must determine the civil
penalty amount, which must not exceed $50,000.
new text end