Sale of Unauthorized Electronic Smoking Devices

The bill amends the "Colorado Consumer Protection Act" to make the sale of electronic smoking devices that have not received authorization by the federal food and drug administration (FDA) to minors an unfair or deceptive trade practice, which gives the attorney general or a district attorney explicit authority to bring an action against a person who sells or offers for a sale an electronic smoking device to an individual who does not meet the age restriction to purchase the electronic smoking device. To sell electronic smoking devices in the state, the bill requires a manufacturer of electronic smoking devices to be authorized by the FDA. The attorney general must compile and maintain a directory of all manufacturers and electronic smoking devices that have been authorized by the FDA. Retailers, distributors, wholesalers, or other intermediary entities are not permitted to sell electronic smoking devices that do not have FDA authorization and do not appear in the directory, and violations of the bill are subject to civil penalties under the "Colorado Consumer Protection Act".

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)