A.R.S. § 4-403: Alternative nicotine products marketing; violation; classification

A. A person may not market, advertise, sell or cause to be sold an alternative nicotine product in a container that does any of the following:

1. Depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining.

2. Imitates or mimics a trademark or trade dress of a product that is or has been primarily marketed to minors.

3. Includes a symbol that is primarily used to market products to minors.

4. Includes an image or the name of a celebrity.

5. Is in a product shape or design that is meant to disguise the appearance of the alternative nicotine product, including the shape or design of any of the following:

(a) A school or office supply.

(b) A smart phone, smart watch or smart phone or smart watch case.

(c) Headphones or ear buds.

(d) Any item of clothing.

(e) A backpack.

(f) A cosmetic or cosmetic container.

(g) A toy or video game device.

(h) A food or beverage product.

B. Alternative nicotine products sold or offered for sale in violation of this section may be deemed contraband and seized as evidence in a criminal proceeding under this section. On adjudication of the criminal proceeding, the court shall order alternative nicotine products that are deemed contraband to be destroyed as a term of the disposition of the criminal proceeding.

C. A violation of this section is a class 3 misdemeanor.