H.F. 904 Summary

• Prohibits licensees, employees, agents, and out-of-state retailers from selling or offering for sale any flavored products (tobacco, tobacco-related devices, electronic delivery devices, or nicotine/lobelia delivery products) to consumers in Minnesota, effective August 1, 2021.

• Defines "flavored product" as any tobacco or related product imparting a taste or smell other than tobacco that is distinguishable by an ordinary consumer, including flavors such as chocolate, fruit, honey, menthol, mint, vanilla, wintergreen, or candy.

• Establishes administrative penalties: $300 for first violation, $600 for second violation within 36 months, and $1,000 plus mandatory suspension of at least 7 days (or revocation) for third or subsequent violations within 36 months, with penalties assessed per-item and per-transaction on a cumulative basis.

• Creates a rebuttable presumption that a product is flavored if the manufacturer makes public statements or uses text, images, or coloring on labels to indicate a non-tobacco taste or smell.

• Classifies flavored products sold or offered for sale as contraband subject to forfeiture and civil penalties under existing Minnesota law, with each sale or offer constituting a separate violation.