HB 6235 Summary

• Creates the nicotine and tobacco regulation fund in the state treasury to be administered by the Department of Health and Human Services for enforcement and compliance activities related to nicotine and tobacco product sales.

• Prohibits persons from advertising for sale, displaying for sale, marketing, or selling nicotine or tobacco products with characterizing flavor (distinguishable taste, aroma, or cooling sensation other than tobacco), with exemptions for hookah and hookah tobacco sold for on-site consumption at licensed tobacco specialty retail stores.

• Establishes civil penalties for violations of characterizing flavor restrictions: first violation up to $1,500; second violation $2,000 with 30-day license suspension; third violation $2,500 with 1-year license suspension; fourth or subsequent violation $3,000 with license revocation.

• Presumes a nicotine or tobacco product has characterizing flavor if the manufacturer, seller, or their agents have publicly stated it has such flavor, used indicative text or images on packaging, or taken actions that would reasonably cause consumers to believe the product has characterizing flavor.

• Expands the definition of "nicotine or tobacco product" and adds new definitions including "characterizing flavor," "establishment," "nonmanagerial employee," and "qualified vapor product"; renames the act to the "nicotine and tobacco act."