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1 New Section; Alcoholic Beverages; The Liquor Commission; Prohibition on Deceptive Vape Products. Amend RSA 176 by inserting after section 19 the following new section:
176:20 Deceptive Vape Products Prohibited.
I. No person shall market, promote, label, brand, advertise, distribute, offer for sale, or sell a vape product by:
(a) Imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, including:
(1) A food or brand of food commonly marketed to minors, including candy, desserts, and beverages;
(2) School supplies commonly used by minors, including erasers, highlighters, pens, and pencils; and
(3) Built into clothing and accessories that could plausibly be marketed to children.
(b) Using branding that is known to appeal to minors, including branding based on or depicting a character, personality, or symbol known to appeal to minors, including a character in a comic book, movie, television show, video game, or a mythical creature.
(c) Including interactive video game capabilities within a vape product.
II. Violations of this section shall constitute civil infractions punishable by administrative action of the liquor commission against the person or entity pursuant to rules adopted by the commission under RSA 541-A.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Section; Alcoholic Beverages; The Liquor Commission; Prohibition on Deceptive Vape Products. Amend RSA 176 by inserting after section 19 the following new section:
176:20 Deceptive Vape Products Prohibited.
I. No person shall market, promote, label, brand, advertise, distribute, offer for sale, or sell a vape product by:
(a) Imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, including:
(1) A food or brand of food commonly marketed to minors, including candy, desserts, and beverages;
(2) School supplies commonly used by minors, including erasers, highlighters, pens, and pencils; and
(3) Built into clothing and accessories that could plausibly be marketed to children.
(b) Using branding that is known to appeal to minors, including branding based on or depicting a character, personality, or symbol known to appeal to minors, including a character in a comic book, movie, television show, video game, or a mythical creature.
(c) Including interactive video game capabilities within a vape product.
II. Violations of this section shall constitute civil infractions punishable by administrative action of the liquor commission against the person or entity pursuant to rules adopted by the commission under RSA 541-A.
2 Effective Date. This act shall take effect January 1, 2027.