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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1282*
HOUSE BILL 1282
C2 6lr2796
By: Delegates Young, Addison, Boyce, Conaway, Edelson, Embry, Lewis, Ruff,
Stinnett, Valentine, and Wims
Introduced and read first time: February 12, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Tobacco Products, Other Tobacco Products, and Electronic Smoking Devices – 2
Advertising to Minors – Prohibition 3
FOR the purpose of prohibiting a person who is licensed to sell tobacco products, other 4
tobacco products, or electronic smoking devices from directly or indirectly 5
advertising or marketing tobacco products, other tobacco products, electronic 6
smoking devices, or vaping liquid to individuals under a certain age; providing that 7
certain advertisements or promotions are a violation against the prohibition on 8
advertising or marketing to certain individuals; and generally relating to tobacco 9
products, other tobacco products, and electronic smoking devices. 10
BY repealing and reenacting, without amendments, 11
Article – Business Regulation 12
Section 16 –3A–01(a) and (c), 16.5 –101(a) and (j), 16.7–101(a), (c), and (l), and 13
16.7–214 14
Annotated Code of Maryland 15
(2024 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Business Regulation 18
Section 16–3B–02, 16.5–217.2, and 16.7–213.4 19
Annotated Code of Maryland 20
(2024 Replacement Volume and 2025 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Business Regulation 23
Section 16.7–213.4 24
Annotated Code of Maryland 25
(2024 Replacement Volume and 2025 Supplement) 26
2 HOUSE BILL 1282
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
16–3A–01. 4
(a) In this subtitle the following words have the meanings indicated. 5
(c) (1) “Tobacco product” means any product that is: 6
(i) intended for human inhalation, absorption, ingestion, smoking, 7
heating, chewing, dissolving, or any other manner of consumption that is made of, derived 8
from, or contains: 9
1. tobacco; or 10
2. nicotine; or 11
(ii) an accessory or a component used in any manner of consumption 12
of a product described in item (i) of this paragraph. 13
(2) “Tobacco product” includes: 14
(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 15
(ii) electronic smoking devices; and 16
(iii) filters, rolling papers, pipes, and liquids used in electronic 17
smoking devices regardless of nicotine content. 18
(3) “Tobacco product” does not include a drug, device, or combination 19
product authorized for sale by the U.S. Food and Drug Administration under the Federal 20
Food, Drug, and Cosmetic Act. 21
16–3B–02. 22
(A) A PERSON LICENSED UNDE R THIS TITLE MAY NOT DIRECTLY OR 23
INDIRECTLY ADVERTISE OR MARKET TOBACCO PRODUCTS TO INDIVIDUALS UNDER 24
THE AGE OF 21 YEARS. 25
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 26
LICENSED UNDER THIS TITLE TO USE ANY OF THE FOLLOWING IN THE ADVERTISING, 27
PROMOTION, PACKAGING, OR LABELING OF A TOBACCO PRODUCT: 28
(1) A CARTOON; 29
HOUSE BILL 1282 3
(2) A SUPERHERO; 1
(3) A VIDEO GAME REFERENCE; 2
(4) AN IMAGE OF A FOOD P RODUCT PRIMARILY INT ENDED FOR 3
MINORS; 4
(5) A TRADEMARK THAT IMITATES OR MIMICS THE TRADEMARK OF A 5
PRODUCT THAT HAS BEEN ADVERTISED OR MARKETED PRIMARILY TO MINORS; 6
(6) A SYMBOL OR CELEBRIT Y THAT IS PRIMARILY ASSOCIATED WITH 7
MINORS OR MEDIA PRIM ARILY DIRECTED TO IN DIVIDUALS UNDER THE AGE OF 21 8
YEARS; AND 9
(7) AN IMAGE OF AN INDIV IDUAL WHO APPEARS TO BE UNDER THE 10
AGE OF 27 YEARS. 11
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 12
LICENSED UNDER THIS TITLE TO ADVERTISE OR PROMOTE A TOBACCO PRODUCT: 13
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 14
PUBLICATION FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 15
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 16
RELIABLE SURVEY EVIDENCE; 17
(2) AT A CONCERT , STADIUM, SPORTING EVENT, OR OTHER PUBLIC 18
EVENT FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 15% OR 19
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 20
SURVEY EVIDENCE; OR 21
(3) ON AN OUTDOOR BILLBOARD OR SIGN BOARD THAT IS WITHIN 500 22
FEET OF A SCHOOL. 23
16.5–101. 24
(a) In this title the following words have the meanings indicated. 25
(j) (1) “Other tobacco products” means, except as provided in paragraph (3) of 26
this subsection, a product that is: 27
(i) intended for human consumption or likely to be consumed, 28
whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other 29
manner, and that is made of or derived from, or that contains: 30
4 HOUSE BILL 1282
1. tobacco; or 1
2. nicotine; or 2
(ii) a component or part used in a consumable product described 3
under item (i) of this paragraph. 4
(2) “Other tobacco products” includes: 5
(i) cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and 6
snus; and 7
(ii) filters, rolling papers, pipes, and hookahs. 8
(3) “Other tobacco products” does not include: 9
(i) cigarettes; 10
(ii) electronic smoking devices; 11
(iii) drugs, devices, or combination products authorized for sale by 12
the U.S. Food and Drug Administration under the Fe deral Food, Drug, and Cosmetic Act; 13
or 14
(iv) tobacco pipes, as defined under § 11 –104 of the Tax – General 15
Article. 16
16.5–217.2. 17
(A) A PERSON LICENSED UNDE R THIS TITLE MAY NOT DIRECTLY OR 18
INDIRECTLY ADVERTISE OR MARKET OTHER TOBACCO PRODUCTS TO INDIVIDUALS 19
UNDER THE AGE OF 21 YEARS. 20
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 21
LICENSED UNDER THIS TITLE TO USE ANY OF THE FOLLOWING IN THE ADVERTISING, 22
PROMOTION, PACKAGING, OR LABELING OF OTHER TOBACCO PRODUCTS: 23
(1) A CARTOON; 24
(2) A SUPERHERO; 25
(3) A VIDEO GAME REFERENCE; 26
HOUSE BILL 1282 5
(4) AN IMAGE OF A FOOD P RODUCT PRIMARILY INT ENDED FOR 1
MINORS; 2
(5) A TRADEMARK THAT IMITATES OR MIMICS THE TRADEMARK OF A 3
PRODUCT THAT HAS BEEN ADVERTISED OR MARKETED PRIMARILY TO MINORS; 4
(6) A SYMBOL OR CELEBRITY TH AT IS PRIMARILY ASSO CIATED WITH 5
MINORS OR MEDIA PRIM ARILY DIRECTED TO IN DIVIDUALS UNDER THE AGE OF 21 6
YEARS; AND 7
(7) AN IMAGE OF AN INDIV IDUAL WHO APPEARS TO BE UNDER THE 8
AGE OF 27 YEARS. 9
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 10
LICENSED UNDER THIS TITLE TO ADVERTISE O R PROMOTE OTHER TOBA CCO 11
PRODUCTS: 12
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 13
PUBLICATION FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 14
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 15
RELIABLE SURVEY EVIDENCE; 16
(2) AT A CONCERT , STADIUM, SPORTING EVENT, OR OTHER PUBLIC 17
EVENT FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 15% OR 18
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIAB LE 19
SURVEY EVIDENCE; OR 20
(3) ON AN OUTDOOR BILLBOARD OR SIGN BOARD THAT IS WITHIN 500 21
FEET OF A SCHOOL. 22
16.7–101. 23
(a) In this title the following words have the meanings indicated. 24
(c) (1) “Electronic smoking device” means a device that can be used to deliver 25
aerosolized or vaporized nicotine to an individual inhaling from the device. 26
(2) “Electronic smoking device” includes: 27
(i) an electronic cigarette, an electronic cigar, an electronic cigarillo, 28
an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and 29
(ii) except as provided in paragraph (3) of this subsection, any 30
component, part, or accessory of such a device regardless of whether or not it is sold 31
6 HOUSE BILL 1282
separately, including any substance intended to be aerosolized or v aporized during use of 1
the device. 2
(3) “Electronic smoking device” does not include: 3
(i) a drug, device, or combination product authorized for sale by the 4
U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or 5
(ii) a battery or battery charger when sold separately. 6
(l) “Vaping liquid” means a liquid that: 7
(1) consists of propylene glycol, vegetable glycerin, or other similar 8
substance; 9
(2) may or may not contain natural or artificial flavors; 10
(3) may or may not contain nicotine; and 11
(4) converts to vapor intended for inhalation when heated in an electronic 12
device. 13
16.7–213.4. 14
(A) A PERSON LICENSED UNDE R THIS TITLE MAY NOT DIRECTLY OR 15
INDIRECTLY ADVERTISE OR MARKET ELECTRONIC SMOKING DEVICES OR V APING 16
LIQUID TO INDIVIDUALS UNDER THE AGE OF 21 YEARS. 17
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 18
LICENSED UNDER THIS TITLE TO USE ANY OF THE FOLLOWING IN THE ADVERTISING, 19
PROMOTION, PACKAGING, OR LABELING OF AN ELECTRONIC SMOKING DEVICE: 20
(1) A CARTOON; 21
(2) A SUPERHERO; 22
(3) A VIDEO GAME REFERENCE; 23
(4) AN IMAGE OF A FOOD P RODUCT PRIMARILY INT ENDED FO R 24
MINORS; 25
(5) A TRADEMARK THAT IMITATES OR MIMICS THE TRADEMARK OF A 26
PRODUCT THAT HAS BEEN ADVERTISED OR MARKETED PRIMARILY TO MINORS; 27
HOUSE BILL 1282 7
(6) A SYMBOL OR CELEBRIT Y THAT IS PRIMARILY ASSOCIATED WITH 1
MINORS OR MEDIA PRIM ARILY DIRECTED TO INDIVIDUALS UNDER THE AGE OF 21 2
YEARS; AND 3
(7) AN IMAGE OF AN INDIV IDUAL WHO APPEARS TO BE UNDER THE 4
AGE OF 27 YEARS. 5
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A PERSON 6
LICENSED UNDER THIS TITLE TO ADVERTISE O R PROMOTE AN ELECTRO NIC 7
SMOKING DEVICE: 8
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 9
PUBLICATION FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 10
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 11
RELIABLE SURVEY EVIDENCE; 12
(2) AT A CONCERT , STADIUM, SPORTING EVENT, OR OTHER PUBLIC 13
EVENT FOR WHICH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 15% OR 14
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 15
SURVEY EVIDENCE; OR 16
(3) ON AN OUTDOOR BILLBOARD OR SIGN BOARD THAT IS WITHIN 500 17
FEET OF A SCHOOL. 18
[16.7–213.4.] 16.7–213.5. 19
The Executive Director may adopt regulations to implement this subtitle. 20
16.7–214. 21
Unless otherwise specified in this title, a person that violates any provision of this 22
title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 23
or imprisonment not exceeding 30 days or both. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26