HB5069 Summary

• Prohibits sale or distribution of electronic cigarettes with packaging indicating they were not intended for U.S. sale (e.g., "For Export Only" labels) or that fail to comply with federal warning requirements and trademark laws.

• Prohibits alteration of electronic cigarette packaging to remove or conceal required labels and prohibits affixing tax stamps to non-compliant or altered products.

• Defines adulterated electronic cigarettes as those containing filthy or poisonous substances, held in unsafe containers, or lacking required FDA premarket review approval (with exception for products first sold before August 8, 2016 with pending FDA applications submitted by September 9, 2020).

• Requires distributors, secondary distributors, and retailers to obtain manufacturer certifications that products are not adulterated before selling electronic cigarettes and maintain records for 2 years.

• Establishes violations as Class 4 felonies for distributors and retailers, with civil penalties up to the greater of 500% of retail value or $10,000, and authorizes seizure and forfeiture of contraband products.