HB373 By Representatives Coleman, Scott, Robinson, Ford, Black, Jackson, Melton, Clarke, Forte, Drummond, Lindsey, Lawrence, Daniels, England, McClammy, Grimsley, Moore (M), Todd, Alexander, McCampbell, Rogers and Beech RFD Health Rd 1 08-MAR-16

SYNOPSIS: Existing law does not require warnings on e-cigarette advertising about the dangers of nicotine.

This bill would require all e-cigarette advertising, with certain exceptions, to include certain warnings about the dangers of nicotine.

This bill would impose criminal penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to the advertising of e-cigarettes; to require certain warnings; to impose criminal penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For the purposes of this act, the following terms shall have the following meanings:

(1) ADVERTISING. Any paid advertisement or communication appearing in any print media or broadcast on any electronic media.

(2) E-CIGARETTE. An electronic cigarette or similar device that operates on batteries and converts liquid nicotine into a vapor that is inhaled in the same way as smoke from a cigarette.

Section 2. (a) It shall be unlawful for any person to broadcast, publish, or circulate any advertising for an e-cigarette without a notice appearing on the printed matter with a clear and unmistakable warning that the e-cigarette contains nicotine, which may be addictive, or on the broadcast at the beginning, during, or end of a radio or television spot, stating a warning that the e-cigarette contains nicotine, which may be addictive.

(b) This section does not apply if the advertising is:

(1) Designed to be worn by a person.

(2) Placed as a paid link on an Internet website, provided the advertising is no more than 200 characters in length and the link directs the user to another Internet website that complies with subsection (a).

(3) Placed as a graphic or picture link where compliance with subsection (a) is not reasonably practical due to the size of the graphic or picture link and the link directs the user to another Internet website that complies with subsection (a).

(4) Placed at no cost on an Internet website for which there is no cost to post content for public users.

(5) Placed or distributed on an unpaid profile account which is available to the public without charge or on a social networking Internet website, as long as the source of the advertising is patently clear from the content or format of the advertising.

(6) Distributed as a text message or other message via Short Message Service, provided the message is no more than 200 characters in length or requires the recipient to sign up or opt in to receive the message.

(7) Connected with or included in any software application or accompanying function, provided that the user signs up, opts in, downloads, or otherwise accesses the application from or through a website that complies with subsection (a).

(8) Sent by a third-party user from a website, provided the website complies with subsection (a).

(9) Contained in or distributed through any other technology related item, service, or device, for which compliance with subsection (a) is not reasonably practical due to the size or nature of the item, service, or device as available, or the means of displaying the advertising makes compliance with subsection (a) impracticable.

(c) Any person who intentionally violates this act shall be guilty of a Class A misdemeanor.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

E-Cigarettes

Advertising

Crimes and Offenses

Media

Internet