Pursuant to section 569.311, Florida Statutes, the Attorney General is authorized to create a directory of single-use or disposable nicotine dispensing devices (“NDDs”) that are attractive to minors.

An NDD is deemed attractive to minors, and the Attorney General shall include it in the directory, if the NDD has features that are significantly appealing to minors as compared to the legitimate benefits those features offer to lawful users of the product.

The Attorney General can consider multiple sources, including reports of harm, complaints, certain surveys or other data sources indicating that an NDD is being used by minors at a higher rate than other nicotine dispensing devices, and the extent to which the device:

  1. Is designed to be attractive to minors, such as through the use of bright colors or cartoon characters;
  2. Is designed so that it is easy for minors to use and to conceal;
  3. Uses or resembles the trade dress of a branded food product, consumer food product, or logo of a food product;
  4. Is marketed in a manner that uniquely appeals to minors; or
  5. Uses actual copyrights, service marks, or trademarks or fake or actual copyrights, service marks, or trademarks that resemble consumer or food products popular with minors, including the names of candy or cereal products.