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PHOENIX (AZFamily) — A new Arizona law prohibits the sale of nicotine products packaged to appeal to people under 21 and increases penalties for retailers caught selling to children.
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The law bans the sale of “alternative nicotine products” designed to look like toys, electronics, or other “youth-oriented” items. Vapes and e-cigarettes are considered alternative nicotine products.
State Rep. Jeff Weninger, a Republican from Chandler, sponsored before Gov. Katie Hobbs signed it into law last week. Weninger said these products often fall into the hands of children.
“There’s literally vape devices that are games if you do a certain amount of things, and then you’re supposed to take a puff, and we’re just not going to allow that targeting our kids like that,” Weninger said.
Erika James, who owns Toke N Smoke in Goodyear, does not carry those products, but thinks businesses and adults 21 and older should have the option.
“As most people know, even us adults like to play games. We like to fiddle with things,” James said.
She said the law is another way to restrict sales.
“I think this is just another way for lobbyists and politicians and the big tobacco companies to try and restrict sales of vapes for us store owners,” James said.
The law increases criminal penalties for selling nicotine products to minors, including fines of up to $10,000.
“That’s a big stick and they’re probably not going to do it. You used to maybe be able to chalk it up to a cost of doing business. With this bill, you’re not going to be able to,” Weninger said.
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James said businesses selling to underage customers should face consequences.
“Everything in the store, everything requires an ID. It’s a pretty simple thing to ask for. People provide it, they don’t have it, they have to leave,” James said.
Another change requested by the attorney general’s office allows any law enforcement officer in the state to go after shops selling to children.
“In the past, the AGs had to rely on general civil lawsuits and stuff,” Weninger said.
James said she supports that change.
“I think that’s perfectly fine. Any law enforcement officer should be able to,” James said.
Different parts of the law take effect at different times. The provision dealing with product packaging and design will take effect 90 days after the current legislative session ends.
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