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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on certain e-cigarette containers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Protecting Children |
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from Electronic Cigarette Advertising Act. |
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SECTION 2. Subchapter H, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0876 to read as follows: |
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Sec. 161.0876. PROHIBITED E-CIGARETTE CONTAINERS. A person |
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may not sell or cause to be sold an e-cigarette container that: |
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(1) depicts a cartoon-like fictional character that |
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mimics a character primarily aimed at entertaining minors; |
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(2) imitates or mimics trademarks or trade dress of |
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products that are or have been primarily marketed to minors; |
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(3) includes a symbol or celebrity image that is |
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primarily used to market products to minors; or |
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(4) resembles a food product, including candy or |
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juice. |
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SECTION 3. Notwithstanding Section 161.0876, Health and |
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Safety Code, as added by this Act, a retailer is not required to |
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comply with that section until January 1, 2024. |
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SECTION 4. This Act takes effect September 1, 2023. |