DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 876 Original 2024 Regular Session Beaullieu
Abstract: Excludes an oral nicotine pouch product from the definition of "alternative nicotine
product".
Present law (R.S. 26:901 et seq.) provides for regulation of the sale of tobacco products, vapor
products, and alternative nicotine products.
Present law defines "tobacco product" as any cigar, cigarette, smokeless tobacco, or smoking
tobacco.
Present law defines "vapor product" as any non combustible product containing nicotine or other
substances that employs a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from
nicotine or other substances. Provides that "vapor product" includes any electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of nicotine in a solution or other form that is intended to be used with
or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product
or device. Provides that "vapor product" does not include a product that is a drug pursuant to federal
law (21 U.S.C. 321(g)(1)), a device pursuant to federal law (21 U.S.C. 321(h)), or a combination
product described in federal law (21 U.S.C. 353(g)).
Proposed law retains present law.
Present law defines "alternative nicotine product" as a non-combustible product containing nicotine
that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any
other means. Provides that "alternative nicotine product" does not include any of the following:
(1)Tobacco product.
(2)Vapor product.
(3)Product that is a drug pursuant to federal law (21 U.S.C. 321(g)(1)).
(4)Device pursuant to federal law (21 U.S.C. 321(h)).
(5)Combination product described in federal law (21 U.S.C. 353(g)). Proposed law retains present law and additionally provides that "alternative nicotine product" does
not include an oral nicotine pouch product.
(Adds R.S. 26:901(1)(f))