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H 244

An act relating to State contracting standards for advertising

2025-2026 Regular Session Introduced by Chea Evans and 1 co-sponsor

Idaho will publish an illegal ESD brand list and ban sale of listed brands starting Sept 1, 2025, with fines, suspensions, seizures, and required compliance checks.

Read 1st time & referred to Committee on Government Operations
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Bill Summary · H 244

Summary — H 244 (Idaho): Illegal Electronic Smoking Device Brand List

Purpose

H 244 adds a new section (39-5719) to Idaho Code Chapter 57, Title 39 to create a state-managed “illegal electronic smoking device (ESD) brand list.” The bill is intended to prevent retail sale in Idaho of ESDs that federal agencies (FDA or DOJ) have identified through certain enforcement actions as adulterated or misbranded, establish enforcement tools and penalties, and set compliance procedures for sellers, distributors, and wholesalers. The bill declares an emergency and provides an effective date.

Key provisions

  • Department duty: By July 1, 2025, the Department (Dept. of Health and Welfare) must publish a public illegal ESD brand list and maintain an exemption list on its website. The list must be updated at least monthly and notice provided to sellers/distributors/wholesalers.
  • Inclusion criteria: Brand families are listed if any SKU in the family has been named in an FDA warning letter (adulterated/misbranded), included in an FDA import alert, subject to an FDA seizure order/warrant, identified in a civil monetary complaint, or named in DOJ civil/criminal complaints alleging adulteration/misbranding. Items are excluded if the federal enforcement actions were withdrawn/stayed/enjoined or based on retailer misconduct rather than product or manufacturer conduct.
  • Exemptions: Devices may be exempted if they have an FDA marketing granted order, meet specified “grandfathered” submission criteria (marketed as of Aug 8, 2016, with timely FDA application), are nicotine‑free (thus not requiring FDA authorization), or qualify as a “rebrand” under the bill’s definition.
  • Effective enforcement date: Sales prohibition begins Sept 1, 2025, or 60 days after the list is first publicly posted, whichever is later. After additions, sellers/distributors/wholesalers have 60 days to remove listed SKUs from inventory.
  • Penalties and escalation: Violations carry a $5,000 fine per violation (per brand family). Repeat violations in a two‑year period add permit suspensions: 7 days (2nd), 30 days (3rd), 1 year (4th); 5th violation leads to permit revocation. Offers/sales within the same brand family count as a single violation.
  • Contraband and seizure: Listed ESDs held for sale are declared contraband and may be seized without a warrant by the department or peace officers at department direction; seized products must be destroyed/disposed and cannot be resold. Seizure/destruction costs are charged to the person from whom goods are seized.
  • Compliance checks and reporting: Each retailer/distributor/wholesaler must be subject to at least two unannounced compliance checks annually (can be combined with inspections under section 39-5710). Mandatory follow‑up checks must occur within 30 days after violations. Dept. must publish compliance results quarterly and establish an email reporting address by July 1, 2025.

Who is affected

  • Retailers, distributors, wholesalers, and other in‑state sellers of electronic smoking devices (responsible for monitoring the list, removing listed SKUs, and facing fines/suspensions/revocation).
  • Manufacturers/brand families that have federal enforcement actions against their SKUs.
  • Consumers in Idaho (limited access to listed brands).
  • Dept. of Health and Welfare (administration, enforcement, compliance checks).

Fiscal and procedural notes

  • Fiscal note: Estimated additional cost of about $1,000,000 annually to the Idaho Tobacco Project (Dept. of Health and Welfare) for implementation and enforcement activities.
  • Timing highlights: List posted by July 1, 2025; sales prohibition effective Sept 1, 2025 or 60 days after posting (whichever later); monthly updates; 60‑day removal window after additions.

This summary focuses on the Idaho H 244 text included in the bill materials. The document also contains unrelated legislative text from another jurisdiction; that text is not part of this Idaho measure.

Compiled from official sources — confirm details with the bill’s official record.

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