The General Assembly finds that:
(1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco;
(2) Herbal snuff is marketed in flavors that are similar to those of the leading moist smokeless tobacco brands;
(3) Herbal snuff is not a tobacco product and therefore is not subject to tobacco taxes, advertising restrictions, or merchandising restrictions;
(4) Even though herbal snuff is regulated by the United States Food and Drug Administration as a food product and manufacturers are required to follow United States Food and Drug Administration guidelines, herbal snuff is intended to be an adult-oriented product;
(5) Even though some companies have a strict and long-standing policy of not marketing to minors, children can legally purchase herbal snuff;
(6) Children should not be emulating adult smokeless tobacco consumers and should not enter into the habit of dipping snuff;
(7) Herbal snuff is used in adult tobacco cessation programs; and
(8) Herbal snuff should be marketed only to adults to avoid any possibility of herbal snuff's being regarded as a gateway product for children.