Findings

The General Assembly finds that: (1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco; (2) Herbal snuff is marketed in flavors that are similar to those of the leading moist smokeless tobacco brands; (3) Herbal snuff is not a tobacco product and therefore is not subject to tobacco taxes, advertising restrictions, or merchandising restrictions; (4) Even though herbal snuff is regulated by the United States Food and Drug Administration as a food product and manufacturers are required to follow United States Food and Drug Administration guidelines, herbal snuff is intended to be an adult-oriented product; (5) Even though some companies have a strict and long-standing policy of not marketing to minors, children can legally purchase herbal snuff; (6) Children should not be emulating adult smokeless tobacco consumers and should not enter into the habit of dipping snuff; (7) Herbal snuff is used in adult tobacco cessation programs; and (8) Herbal snuff should be marketed only to adults to avoid any possibility of herbal snuff's being regarded as a gateway product for children. Amended by Act 2013, No. 1132,§ 22, eff. 8/16/2013. Acts 2011, No. 198, § 1.

The General Assembly finds that:

(1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco;

(2) Herbal snuff is marketed in flavors that are similar to those of the leading moist smokeless tobacco brands;

(3) Herbal snuff is not a tobacco product and therefore is not subject to tobacco taxes, advertising restrictions, or merchandising restrictions;

(4) Even though herbal snuff is regulated by the United States Food and Drug Administration as a food product and manufacturers are required to follow United States Food and Drug Administration guidelines, herbal snuff is intended to be an adult-oriented product;

(5) Even though some companies have a strict and long-standing policy of not marketing to minors, children can legally purchase herbal snuff;

(6) Children should not be emulating adult smokeless tobacco consumers and should not enter into the habit of dipping snuff;

(7) Herbal snuff is used in adult tobacco cessation programs; and

(8) Herbal snuff should be marketed only to adults to avoid any possibility of herbal snuff's being regarded as a gateway product for children.

Amended by Act 2013, No. 1132,§ 22, eff. 8/16/2013.

Acts 2011, No. 198, § 1.