Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Prohibits targeted advertisements that promote vapor products or use of vapor products to individuals under the age of 21 on social media platforms.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning social media and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Public or semi-public internet-based service or application” excludes any internet-based service or application that is used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.
“Social media platform” means a public or semi-public internet-based service or application that has users in this State, which service or application: allows users to construct a public or semipublic profile for the purposes of using the platform, populate a list of other users with whom the user shares a social connection through the platform, and post content viewable by other users of the platform; and is designed to connect users within the platform to facilitate social interactions, except that a service or application that provides email or direct messaging services shall not be considered to meet this criterion solely based on the existence of that functionality.
“Vapor product” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Vapor product” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. “Vapor product” does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
b. It shall be an unlawful practice for any person to advertise any vapor product, or promote the use thereof, on any social media platform in a manner that targets individuals under 21 years of age.
c. A person that violates the provisions of subsection a. of this section shall be liable for a civil penalty, not to exceed $250,000 per violation, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.
2. This act shall take effect immediately.
STATEMENT
The bill prohibits the targeted advertisement of vapor products and promotion of the use of vapor products to any individual under 21 years of age on any social media platform. Under the bill, it is unlawful for any person to advertise any vapor product, or promote the use thereof, on any social media platform in a manner that targets individuals under 21 years of age.
A person that violates the provisions of the bill will be liable for a civil penalty, not to exceed $250,000 per violation, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999.” The Superior Court and the municipal court will have jurisdiction to enforce the provisions of the bill.
The bill defines “vapor product” to mean any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Vapor product” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. “Vapor product” does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
The bill defines “social media platform” to mean a public or semi-public internet-based service or application that has users in this State, which service or application: allows users to construct a public or semipublic profile for the purposes of using the platform, populate a list of other users with whom the user shares a social connection through the platform, and post content viewable by other users of the platform; and is designed to connect users within the platform to facilitate social interactions, except that a service or application that provides email or direct messaging services shall not be considered to meet this criterion solely based on the existence of that functionality.