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 key terms related to ENDS products, such as "ENDS product," "advertise," and "minor." Manufacturers of ENDS products are required to submit annual certifications to the Attorney General, verifying compliance with federal regulations and providing detailed information about each product. The Attorney General is tasked with maintaining a public directory of compliant ENDS products and manufacturers, which will be operational by October 1, 2025. The bill also outlines penalties for violations, including fines for selling unlisted products and the authority for law enforcement to seize non-compliant products.

Additionally, the bill prohibits certain marketing practices aimed at minors, such as using terms and imagery commonly associated with candy or cartoons. It mandates that advertisements for ENDS products can only be placed where at least 85% of the audience is expected to be 18 years or older. The Attorney General is empowered to create regulations for the enforcement of these provisions. The first certification from manufacturers is required by August 1, 2025, and the directory will be operational by the specified date, ensuring that only compliant ENDS products are available for retail sale in South Carolina.

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