CAPUTO INTROS LEGISLATION TO HALT SALE OF 'DRUG LOOK-A-LIKE' CONSUMABLES IN NEW JERSEY

Measure Designed to Combat an Increasing Number of Products Utilizing Advertising, Packaging that Directly References Illegal Substances

(TRENTON) - Assemblyman Ralph R. Caputo today introduced legislation that would prohibit the sale of any food, beverage, or other consumable in New Jersey that uses advertising or packaging that mimics or references illegal drugs or similar substances.

Caputo said he introduced the legislation after encountering news reports and advertising for several products that were either manufactured and packaged to look like illegal drugs, marketed in a way that glamorized illegal drug use, or both. Many of these products, including "Blow Energy Drink Mix," "Cocaine Energy Drink," and the now-defunct mints "Ice Breakers PACS" target a largely teen audience with their advertising.

"There is nothing glamorous or sophisticated about illegal drug use," said Caputo (D-Essex), a former educator. "Targeting children and teens with advertising that blurs the line between consumer goods and black market drugs is dangerous, highly irresponsible, and must be stopped."

Caputo's bill would ban the sale of any food, beverage, or other product designed to be ingested or inhaled that uses advertisements or packaging to link or allude to controlled dangerous substances. It also would prohibit the sale to minors of any product utilizing this referential advertising or packaging - regardless of the product's intended use.

Violations would be categorized as unlawful practices under the state's Consumer Fraud Act; punishable by fines of up to $10,000 for a first offense and up to $20,000 for second and subsequent offenses.

Many of these products have already been met with vehement opposition from the federal Food and Drug Administration and multiple state and local law enforcement agencies. In the case of Ice Breakers PACS, opposition was so severe that the parent manufacturer, The Hershey Company, was forced to discontinue the product line.

Caputo said that he also is working on legislation that would create an educational component to be folded into existing school curriculums. It would reinforce the dangers of substance abuse - including abuse of legal drugs, like caffeine - and would help educate children and teens to better understand and identify the type of marketing being used to persuade them.

"Unfortunately, this type of questionable marketing works and, now that the cat is out of the bag, it is only a matter of time before other companies follow suit," said Caputo. "With swift action, however, we can ensure that corporations wishing to do business in New Jersey must find a way to reach teenage consumers that does not rely on cunning mimicry of illegal substances."

The bill has been referred to the Assembly Consumer Affairs Committee where it awaits a hearing.

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