MS SB2441

Prohibits distribution, sale, or furnishing of electronic cigarettes and vaping devices that cannot be legally marketed under federal law or FDA rules, regulations, or guidance.

Creates exception allowing sale of electronic cigarettes with a premarket tobacco product application filed with the FDA that remains under review.

Maintains existing prohibition on selling alternative nicotine products to individuals under 21 years of age, with age verification requirements using government-issued ID or third-party age verification services.

Establishes penalties of $250 for first offense, $500 for second offense, and $1,000 for third or subsequent offense; treble fines apply if product contains controlled substances or causes emergency medical care needs.

Effective date: July 1, 2024.