88R15853 SRA-F
 
  By: Thierry H.B. No. 4758
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on certain e-cigarette containers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Protecting Children
  from Electronic Cigarette Advertising Act.
         SECTION 2.  Subchapter H, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.0876 to read as follows:
         Sec. 161.0876.  PROHIBITED E-CIGARETTE CONTAINERS. A person
  may not sell or cause to be sold an e-cigarette container that:
               (1)  depicts a cartoon-like fictional character that
  mimics a character primarily aimed at entertaining minors;
               (2)  imitates or mimics trademarks or trade dress of
  products that are or have been primarily marketed to minors;
               (3)  includes a symbol or celebrity image that is
  primarily used to market products to minors; or
               (4)  resembles a food product, including candy or
  juice.
         SECTION 3.  Notwithstanding Section 161.0876, Health and
  Safety Code, as added by this Act, a retailer is not required to
  comply with that section until January 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.