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AB-131 Electronic smoking devices: manufacturers: advertising.(2019-2020)

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Date Published: 12/05/2018 09:00 PM
AB131:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 131

Introduced by Assembly Member Cunningham

December 05, 2018

An act to add Section 119407 to the Health and Safety Code, relating to electronic smoking devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 131, as introduced, Cunningham. Electronic smoking devices: manufacturers: advertising.
Existing law requires that cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette be in child-resistant packaging, as defined.
This bill would prohibit an electronic smoking device manufacturer, as defined, from advertising or promoting the electronic smoking device, as defined, in a manner that is attractive to persons under 21 years of age, as specified, or is intended to encourage persons under 21 years of age to use the device. This bill would authorize the State Department of Public Health to assess specified civil penalties against an electronic smoking device manufacturer for each violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 119407 is added to the Health and Safety Code, to read:

119407.
 (a) An electronic smoking device manufacturer shall not advertise or promote the electronic smoking device in a manner that does either of the following:
(1) Is intended to encourage persons under 21 years of age to use an electronic smoking device.
(2) Is attractive to persons under 21 years of age, including, but not limited to, by showing any of the following:
(A) Cartoons.
(B) An image, character, or phrase that is similar to one popularly used to advertise to children.
(C) An imitation of candy packaging or labeling.
(D) The terms “candy” or “candies.”
(b) The State Department of Public Health may assess civil penalties against an electronic smoking device manufacturer who violates this section according to the following schedule: (1) a civil penalty of one thousand dollars ($1,000) for the first or second violation, (2) a civil penalty of two thousand five hundred dollars ($2,500) for the third or fourth violation, or (3) a civil penalty of ten thousand dollars ($10,000) for the fifth violation or any violation thereafter.
(c) Proceedings under this section shall be conducted pursuant to Section 131071.
(d) For purposes of this section, “electronic smoking device” means either of the following:
(1) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, vape pen, cigar, pipe, or hookah.
(2) A component, part, or accessory of an electronic smoking device, whether or not sold separately.
(e) For purposes of this section, “electronic smoking device manufacturer” means a person or business who produces an electronic smoking device to be sold within this state, including a person or business who imports an electronic smoking device from outside of this state.