SENATE, No. 1230

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Senator SINAGRA

An Act concerning the sale and distribution of non-tobacco related items that contain tobacco product references and supplementing Chapter 8 of Title 56 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. No person shall sell, offer for sale, distribute, give away or otherwise make available in this State any item that contains a tobacco product brand name, logo, character or selling message, which is not specifically tobacco-related.

      For the purposes of this act: a. prohibited items shall include articles of clothing such as hats, tee shirts or jackets, tote or gym bags, recreational items such as sports equipment and any other item with a tobacco product brand name, logo, character or selling message whose primary use is not directly related to the use of a tobacco product; b. tobacco product means cigarettes, cigars, smokeless tobacco and loose tobacco; and c. tobacco-related includes tobacco products, lighters, ashtrays, cigarette paper and other similar items intended for the smoking or other use of a tobacco product.

    2. The provisions of this act shall be enforced by the Attorney General pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), and violations of this act shall be subject to the penalties prescribed in P.L.1960, c.39 (C.56:8-1 et seq.) and section 1 of P.L.1967, c.97 (C.56:8-3.1).

    3. This act shall take effect 60 days after enactment.

STATEMENT

    This bill prohibits the sale, distribution, giving away or otherwise making available in this State of any items that contain tobacco product brand names, logos, characters or selling messages which are not specifically tobacco-related.

    Items prohibited from sale and distribution in the State include articles of clothing such as hats, tee shirts or jackets, tote or gym bags, recreational items such as sports equipment and any other item with a tobacco product brand name, logo, character or selling message whose primary use is not directly related to the use of a tobacco product. Tobacco-related items include tobacco products, lighters, ashtrays, cigarette paper and other similar items intended for the smoking or other use of a tobacco product.

    The prohibition on the sale and distribution of non-tobacco related items is for the purpose of reducing the attractiveness of tobacco products to minors and, therefore, their use of these products. These provisions are consistent with recent proposals made by Philip Morris USA for curbing use of tobacco products by minors.

Prohibits sale or distribution of items with tobacco product logos that are not for use of tobacco products.