HB5437 HFA Dean 2-26 #2

CR 3338

Delegate Dean moved to amend the amendment on page 1, section 1, line 9, by striking, “"Authorized vapor product" means a vapor product is listed in the vapor product directory established in §16-9H-11 of this code.”

And,

Beginning on page 13, by striking sections 11 and 12 in their entirety, and inserting in lieu thereof the following:

Ҥ16-9H-11. Prohibition of sales of certain vapor products.

A manufacturer of a vapor product or a vape or smoke shop retailer not sell, either directly or through a distributor or wholesaler, a vapor product in this state that uses, in the name of the product, the labeling of the product, the packaging of the product, or the marketing of the product:

(1) The terms “candy,” “candies,” or variants in spelling such as “kandy” or “kandeez”;

(2)  The terms “bubble gum,” “cotton candy,” “gummy bear,” “gummy worm,” “lollipop,” or other variant of these terms;

(3) References to cartoons, cartoon characters, superheroes, television shows, video games, movies, or other similar characters or references;

(4) References to or utilization of trade dress, trademarks, or other regulated imagery that imitiate or replicate trade dress, trademarks, or other imagery of food brands or products that have been primarily marketed to minors such as brands of breakfast cereals, cookies, juice drinks, soft drinks, ice creams, and frozen pops; or

(5) References to or utilization of trade dress, trademarks, or other related imagery that imitate or replicate trade dress, trademarks, or other imagery of school supplies such as USB drives or highlighters, smart phones or smart watches, headphones, any item of clothing, any toy, video game devices or phone app integration features.”

And,

Beginning on page 16, by striking 13, 14, 15 and 16, and renumbering the remaining sections accordingly.

Adopted

Rejected