According to a report from focusdailynews, the Texas State Comptroller, Glenn Hegar, has issued a stern warning to retailers. Effective from January 1, 2024, any advertisement, sale, or promotion of e-cigarette products in Texas markets specifically designed to attract minors will be considered a criminal offense.
The sale of e-cigarettes to minors is already illegal due to the hazards associated with these products, including the presence of nicotine, heavy metals, and carcinogens. Moreover, these products are intentionally designed to appeal to underage individuals.
Governor Hegg emphasized, “Texas has taken action to address this deceptive marketing practice. I greatly appreciate the partnership with retailers statewide in assisting us to protect our most valuable resource: our children.”
Under House Bill 4758, individuals engaging in marketing, advertising, sales, or promotion of e-cigarette products and their packaging will be held liable for a Class B misdemeanor if any of the following criteria are met:
1. Depicting cartoonish fictional characters imitating those primarily targeting underage entertainment.
2. Imitating or mimicking the trademark or product image of items primarily marketed to minors.
3. Using symbols predominantly used to sell products to minors.
4. Featuring images of celebrities.
5. Incorporating images resembling food items such as candies or juices.
Violating these regulations can lead to conviction of a Class B misdemeanor, carrying both civil and criminal penalties. The maximum prison sentence for such offenses is 180 days, with a fine of up to $2000, or both. In addition, e-cigarette retailers may also incur civil fines of up to $3000. Repeated violations could result in license revocation or suspension.
The 2023 National Youth Tobacco Survey revealed that more than 2.1 million high school and middle school students reported using e-cigarette products, making it the most popular tobacco product among teenage users for the tenth consecutive year.
