(a)(1) A retailer or manufacturer of electronic nicotine delivery systems or alternative nicotine products may not advertise an electronic nicotine delivery system or an alternative nicotine product in any of the following ways:
a. As a tobacco cessation product.
b. As a healthier alternative to smoking.
c. As available for purchase in any variety of flavors other than tobacco, mint, or menthol on any outdoor billboard.
d. On any outdoor billboard located within 1,000 feet of any public or private K-12 school or public playground.
(2) Paragraphs a. and b. of subdivision (1) are not applicable to products that have received an order from the FDA permitting the product to be marketed as a modified risk tobacco product, and are marketed in accordance with that order.
(b)(1) A violation of subsection (a) shall result in a one hundred dollar ($100) fine for the first occurrence.
(2) A second or subsequent violation of subsection (a) shall result in a five hundred dollar ($500) fine per occurrence.
(3) Each day a violation of subsection (a) persists shall constitute a separate and subsequent violation.