Texas Comptroller Glenn Hegar released a statement last week reminding businesses that there will be new regulations governing the advertisement and selling of electronic cigarettes beginning in 2024.
HB 4758, which will go into effect on January 1, 2024, states that businesses will no longer be able to market, advertise, sell, or cause to be sold any e-cigarette products that fall under a new set of criteria.
These updated criteria are as follows:
- Depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
- Imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
- Includes a symbol or celebrity image that is primarily used to market products to minors;
- Resembles a food product, including candy or juice.
A press release from the Texas comptroller sent to The Dallas Express states that those who violate this new law could be charged with a Class B misdemeanor and could face up to 180 days in jail, a fine that could reach $2,000, or both.
Additionally, e-cigarette retailers could face a fine of up to $3,000 for violating the new law, with the potential for permit suspension or revocation for repeat offenders.
The press release notes that the 2023 National Youth Tobacco Survey found that e-cigarettes are the most popular tobacco products among minors for the 10th year in a row, with 2.1 million high school and middle school students claiming that they have used such products.
“It is illegal to sell e-cigarettes to minors — these products are dangerous, and most contain nicotine, heavy metals, and cancer-causing materials — yet these products are intentionally designed to attract minors,” said Hegar in the press release.
“Texas has taken action to deal with this kind of deceptive marketing, and I greatly appreciate the partnership with retailers across this state to help us protect one of our most vital resources: our children,” he said.
