S-5183

   Amend House File 2677, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 453A.36, subsection 7, Code 2024, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  It is unlawful for a retailer of alternative nicotine products or vapor products to sell an alternative nicotine product or vapor product that does not comply with the applicable ingredient listing required by 21 U.S.C. 387d of the federal Food, Drug, and Cosmetic Act.
   NEW PARAGRAPH.  d.  It is unlawful for a retailer to sell any container of solution found in a vapor product if the solution contains any substance other than propylene glycol, vegetable glycerin, flavorings, and nicotine, as applicable.
   NEW PARAGRAPH.  e.  It is unlawful for a retailer to market, advertise, sell, or cause to be sold a vapor product if the vapor product’s container, packaging, or advertising does any of the following:
   (1)  Depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors.
   (2)  Imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors.
   (3)  Includes a symbol that is primarily used to market products to minors.
   (4)  Includes an image of a celebrity.
   (5)  Is designed to intentionally and knowingly disguise the fact that it is a vapor product.
   NEW PARAGRAPH.  f.  (1)  It is unlawful for a person to advertise or sell an alternative nicotine product, a tobacco product, or a vapor product on social media.
   (2)  For the purposes of this paragraph, “social media” means an online forum or application that satisfies the criteria specified in both subparagraph divisions (a) and (b):
   (a)  Does both of the following:
   (i)  Allows users to upload content or view the content or activity of other users.
   (ii)  Employs algorithms that analyze user data or information on users to select content for users.
   (b)  Has any of the following features:
   (i)  Infinite scrolling.
   (ii)  Push notifications or alerts sent by the online forum, internet site, or application to inform the user about specific activities or events related to the user’s account.
   (iii)  Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content.
   (iv)  Auto-play video or video that begins to play without the user first clicking on the video or play button for that video.
   (v)  A live-streaming function that allows a user or advertiser to broadcast live video content in real time.
   NEW PARAGRAPH.  g.  The following civil penalties shall be imposed on a person who sells a vapor product without a proper valid permit:
   (1)  For a first violation, five thousand dollars.
   (2)  For a second violation, ten thousand dollars.
   (3)  For a third or subsequent violation, fifty thousand dollars.
   Sec. 2.  Section 453A.39, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A retailer shall ensure that any vapor product offered for sale in this state complies with all of the following:
   a.  Meets all applicable packaging standards imposed by the federal Child Nicotine Poisoning Prevention Act of 2015, Pub. L. No. 114-116, 15 U.S.C. §1472a.
   b.  Has a label that meets the nicotine addictiveness warning statement requirements prescribed in 21 C.F.R. §1143.3.>
   2.  Title page, line 1, after <of> by inserting <alternative nicotine products, tobacco products, and>

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BRAD ZAUN