The bill H. 3728 aims to regulate the sale of electronic nicotine delivery systems (ENDS) in South Carolina by adding Section 44-95-65 to the South Carolina Code of Laws. It establishes definitions for ENDS products, manufacturers, and advertising, and mandates that manufacturers submit annual certifications to the Attorney General verifying compliance with federal regulations. The bill also requires the Attorney General to maintain a public directory of compliant ENDS products and manufacturers, with specific penalties for non-compliance, including fines for selling unlisted products and the potential seizure of such products.

Additionally, the bill outlines strict marketing and advertising restrictions to prevent targeting minors, including prohibiting the use of certain terms and imagery associated with candy or cartoons. It sets forth a timeline for the implementation of these regulations, with the first certification due by August 1, 2025, and the directory operational by October 1, 2025. The Attorney General is granted authority to enforce these provisions and may impose civil penalties for violations, ensuring that the sale and distribution of ENDS products are closely monitored to protect public health.

Statutes affected:
01/15/2025: 44-95-65
Latest Version: 44-95-65