IC 7.1-7-5-5: Sale of nicotine analogue products

Sec. 5. (a) As used in this section, "nicotine analogue" means a substance that:

(1) has a chemical structure substantially similar to the chemical structure of nicotine and produces; or

(2) has, purports to have, or is represented to have;

an effect on the central nervous system that is similar to or greater than the effect that nicotine has on the central nervous system.

(b) A person may not sell or offer for sale a product that contains a nicotine analogue.

(c) In determining whether a product contains a nicotine analogue, the trier of fact may consider the following factors:

(1) Marketing of the product.

(2) Advertising and labeling.

(3) Whether the substance or product has been manufactured, formulated, sold, distributed, or marketed with the intent to avoid laws regulating the sale of products containing nicotine.

(4) Any other relevant factor.

(d) A person who knowingly or intentionally violates this section commits a Class C misdemeanor.