1. A quick overview of the core content of HB8
- Age restrictions have been comprehensively upgraded
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The minimum age for purchasing e-cigarettes, tobacco products and alternative nicotine products has been raised from 19, the minimum age for purchasing “minors”, to 21 . -
Minors in possession of related products will face mandatory educational courses or addiction treatment.
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- Sales license "tightened"
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All e-cigarette retailers must apply for a special license , with an initial application fee of $50 and an annual fee of $1,000. -
Only "electronic nicotine delivery system specialty stores" are allowed to sell (more than 50% of revenue must come from related products).
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- Completely ban "unmanned sales"
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Sales through vending machines are prohibited unless in areas accessible to persons over 21 years of age or under employee control; self-service displays are prohibited.
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- Advertising and marketing are “put on a tight ring”
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It is prohibited to use slogans such as "alternatives to quit smoking" and "healthier than cigarettes". Advertisements are prohibited from containing misleading images such as candies and cakes. -
Prohibits billboards from being placed within 1,000 feet of a school or public playground. -
Advertising flavors other than tobacco, mint or menthol on outdoor billboards is prohibited. -
The use of brand names to sponsor scholarships is prohibited. -
Advertising is prohibited at events or publications where the majority of the audience/readership is people under the age of 21.
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5. Mandatory production traceability requirements
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- Starting October 1, 2025, e-cigarette liquids, e-cigarettes (ENDS), or alternative nicotine products newly added to the catalog must be manufactured, packaged, and labeled in the United States unless they have obtained FDA marketing authorization.
- Starting October 1, 2025, e-cigarette liquids, e-cigarettes (ENDS), or alternative nicotine products newly added to the catalog must be manufactured, packaged, and labeled in the United States unless they have obtained FDA marketing authorization.
2. The retail industry suffered an "earthquake-like" impact
1. Convenience stores “cut off their arms to survive”
Under the bill, convenience stores across the state would be required to remove flavored e-cigarette products from their shelves. An industry representative recently said the proposal would hit small businesses hard, noting that alternative nicotine products account for about 30% of convenience store sales.
2. Specialty stores must hold a certificate before they can work
E-cigarette stores must install a third-party age verification system , scan ID cards before entering the store, and prohibit people under 21 from entering. Violators will be fined $1,000 for the first time, and repeat offenders will be fined more heavily and may have their licenses revoked .
3. Unprecedented enforcement
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