1.1 	A bill for an act
1.2 	relating to consumer protection; prohibiting the sale
1.3 	of flavored cigarettes, cigars, and smokeless tobacco
1.4 	products; providing remedies; proposing coding for new
1.5 	law in Minnesota Statutes, chapter 325F.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. LEGISLATIVE FINDINGS.
 1.8 	The legislature finds that there has been a proliferation
1.9 	of flavored tobacco products in recent years.  Many of these
1.10 	products have flavors that are particularly attractive to
1.11 	children.  These tobacco products have had flavors such as
1.12 	fruit, chocolate, vanilla, honey, candy, mint, cocoa, dessert,
1.13 	and herb or spice flavorings that are attractive to children.
1.14 	According to survey evidence and public health experts,
1.15 	children are significantly more likely than adults to choose
1.16 	flavored cigarettes.  In addition, product names for flavored
1.17 	tobacco products are similar to product names for candy, drinks,
1.18 	and other products directly marketed to children.
1.19 	Thus, the sale and distribution of these flavored tobacco
1.20 	products increase the incidence of tobacco use among children.

1.21 	Sec. 2. [325F.782] FLAVORED CIGARETTES; TOBACCO PRODUCTS;
1.22 	SALES.
1.23 		Subdivision 1.Definitions. For purposes of this
1.24 	section, the following terms have the meanings given them:
1.25 	(1) "characterizing flavor" means a distinguishable taste
2.1 	or aroma, other than tobacco, menthol, or clove, imparted either
2.2 	prior to or during consumption;
2.3 	(2) "chewing tobacco" means loose tobacco or a flat
2.4 	compressed cake of tobacco that is inserted into the mouth;
2.5 	(3) "component parts" includes, but is not limited to, the
2.6 	tobacco, filter, or paper in a cigarette or cigar;
2.7 	(4) "constituent" includes a smoke constituent;
2.8 	(5) "smokeless tobacco" means chewing tobacco or tobacco
2.9 	snuff; and 
2.10 	(6) "tobacco snuff" means a small amount of shredded,
2.11 	powdered, or pulverized tobacco that may be inhaled through the
2.12 	nostrils, chewed, or held in the mouth of an individual user.
2.13 		Subd. 2.Prohibition. No person shall sell, distribute,
2.14 	or offer for sale in this state or to any person in this state
2.15 	any cigarette, cigar, smokeless tobacco product or any component
2.16 	part thereof containing a natural or artificial constituent or
2.17 	additive that causes the cigarette, cigar, or smokeless tobacco
2.18 	product to have a characterizing flavor.
2.19 		Subd. 3.Remedies. The attorney general may institute a
2.20 	civil action in the name of the state of Minnesota in the
2.21 	district court for an injunction prohibiting a violation of this
2.22 	section.  The court, upon notice to the defendant of not less
2.23 	than five days, and upon proof that the defendant has violated
2.24 	this section, may enjoin further sale or distribution by the
2.25 	defendant.  The court may impose a civil penalty in an amount
2.26 	not to exceed $5,000 for each violation.  The attorney general
2.27 	may recover costs and disbursements, including costs of
2.28 	investigation and reasonable attorney fees.  Nothing in this
2.29 	section precludes the state or any other person from pursuing
2.30 	any other claims, remedies, or actions available by law.

2.31 	Sec. 3. EFFECTIVE DATE.
 2.32 	Section 2 is effective the day following final enactment.