R.I. Gen. Laws § 44-20-61 — Product restrictions on electronic nicotine-delivery system products

(a) For purposes of this section, the following terms shall have the following meanings:
(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste
or aroma of tobacco or menthol, distinguishable by an ordinary consumer, imparted
either prior to, or during, consumption of an electronic nicotine-delivery system
product or component part thereof, including, but not limited to, tastes or aromas
relating to any fruit, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa,
dessert, alcoholic beverage, herb, or spice or which impart a cooling or numbing sensation.
The determination of whether an electronic nicotine-delivery system product has a
characterizing flavor shall not be based solely on the use of additives, flavorings,
or particular ingredients, but shall instead consider all aspects of a final product
including, but not limited to, taste, flavor and aroma, product labeling, and advertising
statements. A flavor shall be presumed to be a characterizing flavor if a dealer,
manufacturer, or distributor has made a statement or claim directed to consumers or
the public about such flavor, whether expressed or implied, that it has a distinguishable
taste or aroma (other than the taste or aroma of tobacco or menthol).
(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine-delivery
system product that imparts a characterizing flavor.
(b) The sale, or offer for sale of, or the possession with intent to sell or to offer
for sale, flavored electronic nicotine-delivery system products to consumers within
the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators
registered with the state of Rhode Island department of business regulation-office
of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or
are derived from tobacco or nicotine, natural or synthetic.