California Business and Professions Code

§ 17537.3

BPC § 17537.3 Effective Jun 9, 2016Div. 7 · Part 3 · Ch. 1 · Art. 2

Statute text

The following acts are prohibited:

(a)For any person to offer as part of an advertising plan or program, promotional offers of smokeless tobacco products which require proof of purchase of a smokeless tobacco product unless it carries a designation that the offer is not available to persons under 21 years of age. Each promotional offer shall include in any mail-in coupon a statement requesting purchasers to verify that the purchaser is 21 years of age or older.

(b)For any person to honor mail-in and telephone requests for promotional offers of smokeless tobacco products unless appropriate efforts are made to ascertain that a purchaser is over 21 years of age. For purposes of this subdivision, appropriate efforts to ascertain the age of a purchaser includes, but is not limited to, requests for a purchaser’s birth date.

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Legislative history

Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 1. (SB 7 2x) Effective June 9, 2016.