Texas Comptroller Glenn Hegar is reminding retailers that beginning Jan. 1, 2024, it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors.
“It is illegal to sale e-cigarettes to minors — these products are dangerous and most contain nicotine, heavy metals and cancer-causing materials — yet these products are intentionally designed attract minors,” Hegar said. “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.”
House Bill 4758 says a person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell or cause to be sold an e-cigarette product and the product’s container meets any of the following criteria: 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 that is primarily used to market products to minors; includes an image of a celebrity; or includes an image that resembles a food product, including candy or juice.
