(a) A retailer, distributor, wholesaler, or importer who sells or offers for sale a vapor product for retail sale in this state shall not advertise or market, including paraphernalia, to an individual who is under twenty-one (21) years of age, including:(1) With names that resemble or imitate food or drink brands that are marketed to children;(2) With images or likenesses of toys, cartoons, or animated or fictional characters, including Santa Claus, that are designed to appeal to or encourage individuals who are under twenty-one (21) years of age to consume vapor products;(3) With images or visual representations of the consumption of vapor products; or(4) In a medium that specifically appeals to individuals who are under twenty-one (21) years of age such that the advertising has special attractiveness to individuals who are under twenty-one (21) years of age beyond general attractiveness for individuals who are at least twenty-one (21) years of age.
(1) With names that resemble or imitate food or drink brands that are marketed to children;
(2) With images or likenesses of toys, cartoons, or animated or fictional characters, including Santa Claus, that are designed to appeal to or encourage individuals who are under twenty-one (21) years of age to consume vapor products;
(3) With images or visual representations of the consumption of vapor products; or
(4) In a medium that specifically appeals to individuals who are under twenty-one (21) years of age such that the advertising has special attractiveness to individuals who are under twenty-one (21) years of age beyond general attractiveness for individuals who are at least twenty-one (21) years of age.
(b) A billboard advertisement under this section is prohibited within one thousand (1,000) radial feet of any childcare center, church, substance abuse recovery facility, public park, public playground, or public or private school that provides instruction to students in a preschool or kindergarten program or any of grades one (1) through twelve (12). A billboard advertisement under this subsection (b) has the same meaning as “outdoor advertising device” as defined in § 54-21-102.
(c) A retailer, distributor, wholesaler, or importer who sells or offers for sale a vapor product for retail sale in this state that violates this section, on notification by the department, has thirty (30) days to comply with these requirements or will otherwise be subject to the civil penalties of a minimum of two thousand five hundred dollars ($2,500) and any disciplinary action prescribed in this section.
(d) A retailer, distributor, wholesaler, or importer who sells or offers for sale a vapor product for retail sale in this state to anyone under twenty-one (21) years of age is subject to a fine, issued by the alcoholic beverage commission, of two thousand five hundred dollars ($2,500) for the first offense, and a fine of at least twenty thousand dollars ($20,000) and loss of licensure for any subsequent offense.
(e) The alcoholic beverage commission has concurrent jurisdiction with the department of revenue to enforce violations of title 39, chapter 17, part 15. The commission may investigate such violations, conduct unannounced compliance checks, and arrest individuals based on probable cause of noncompliance.