House File 2677 S-5205 Amend House File 2677, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 VAPOR PRODUCT DIRECTORY AND REGULATION > 5 2. By striking page 2, line 34, through page 3, line 6, and 6 inserting: 7 < b. That the vapor products manufacturer holds a valid 8 permit under this chapter and will comply with all applicable 9 requirements of 15 U.S.C. §375 and 376. > 10 3. Page 3, by striking lines 13 through 19 and inserting: 11 < a. Either of the following, as applicable: 12 (1) A copy of the marketing authorization or other order for 13 each vapor product issued by the United States food and drug 14 administration pursuant to 21 U.S.C. §387j. 15 (2) A copy of the applicant’s permit issued under this 16 chapter and a copy of the federal Prevent All Cigarette 17 Trafficking Act of 2009, Pub. L. No. 111-154, registration 18 form as submitted by the applicant to the federal bureau of 19 alcohol, tobacco, firearms, and explosives of the United States 20 department of justice. > 21 4. Page 9, after line 16 by inserting: 22 < Sec. ___. EFFECTIVE DATE. This division of this Act takes 23 effect July 1, 2025. 24 DIVISION ___ 25 UNLAWFUL ACTS AND RESTRICTIONS 26 Sec. ___. Section 453A.36, subsection 7, Code 2024, is 27 amended by adding the following new paragraphs: 28 NEW PARAGRAPH . c. It is unlawful for a retailer of 29 alternative nicotine products or vapor products to sell an 30 alternative nicotine product or vapor product that does not 31 comply with the applicable ingredient listing required by 21 32 U.S.C. §387d of the federal Food, Drug, and Cosmetic Act. 33 NEW PARAGRAPH . d. It is unlawful for a retailer to sell any 34 container of solution found in a vapor product if the solution 35 -1- HF 2677.4434 (4) 90 pf/jh 1/ 3 #1. #2. #3. #4.

contains any substance other than propylene glycol, vegetable 1 glycerin, flavorings, and nicotine, as applicable. 2 NEW PARAGRAPH . e. It is unlawful for a retailer to market, 3 advertise, sell, or cause to be sold a vapor product if the 4 vapor product’s container, packaging, or advertising does any 5 of the following: 6 (1) Depicts a cartoon-like fictional character that mimics 7 a character primarily aimed at entertaining minors. 8 (2) Imitates or mimics trademarks or trade dress of products 9 that are or have been primarily marketed to minors. 10 (3) Includes a symbol that is primarily used to market 11 products to minors. 12 (4) Includes an image of a celebrity. 13 (5) Is designed to intentionally and knowingly disguise the 14 fact that it is a vapor product. 15 NEW PARAGRAPH . f. (1) It is unlawful for a person to 16 advertise or sell an alternative nicotine product, a tobacco 17 product, or a vapor product on social media. 18 (2) For the purposes of this paragraph, “social media” means 19 an online forum or application that satisfies the criteria 20 specified in both subparagraph divisions (a) and (b): 21 (a) Does both of the following: 22 (i) Allows users to upload content or view the content or 23 activity of other users. 24 (ii) Employs algorithms that analyze user data or 25 information on users to select content for users. 26 (b) Has any of the following features: 27 (i) Infinite scrolling. 28 (ii) Push notifications or alerts sent by the online forum, 29 internet site, or application to inform the user about specific 30 activities or events related to the user’s account. 31 (iii) Displays personal interactive metrics that indicate 32 the number of times other users have clicked a button to 33 indicate their reaction to content or have shared or reposted 34 the content. 35 -2- HF 2677.4434 (4) 90 pf/jh 2/ 3

(iv) Auto-play video or video that begins to play without 1 the user first clicking on the video or play button for that 2 video. 3 (v) A live-streaming function that allows a user or 4 advertiser to broadcast live video content in real time. 5 NEW PARAGRAPH . g. The following civil penalties shall be 6 imposed on a person who sells a vapor product without a proper 7 valid permit: 8 (1) For a first violation, five thousand dollars. 9 (2) For a second violation, ten thousand dollars. 10 (3) For a third or subsequent violation, fifty thousand 11 dollars. 12 Sec. ___. Section 453A.39, Code 2024, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 3. A retailer shall ensure that any vapor 15 product offered for sale in this state complies with all of the 16 following: 17 a. Meets all applicable packaging standards imposed by the 18 federal Child Nicotine Poisoning Prevention Act of 2015, Pub. 19 L. No. 114-116, 15 U.S.C. §1472a. 20 b. Has a label that meets the nicotine addictiveness warning 21 statement requirements prescribed in 21 C.F.R. §1143.3. 22 Sec. ___. EFFECTIVE DATE. This division of this Act takes 23 effect July 1, 2024. > 24 5. Title page, by striking lines 1 and 2 and inserting < An 25 Act relating to the regulation of vapor products, providing 26 penalties, and including effective date provisions. > 27 6. By renumbering as necessary. 28 ______________________________ BRAD ZAUN -3- HF 2677.4434 (4) 90 pf/jh 3/ 3 #5. #6.