By: Thierry, et al. (Senate Sponsor - Springer) H.B. No. 4758

(In the Senate - Received from the House May 8, 2023; May 10, 2023, read first time and referred to Committee on Health & Human Services; May 21, 2023, reported favorably by the following vote: Yeas 9, Nays 0; May 21, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on certain e-cigarette products; creating a criminal offense.

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 PRODUCTS. (a) A person commits an offense if the person markets, advertises, sells, or causes to be sold an e-cigarette product, if the product's container:

(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 that is primarily used to market products to minors;

(4) includes an image of a celebrity; or

(5) includes an image that resembles a food product, including candy or juice.

(b) An offense under this section is a Class B misdemeanor.

SECTION 3. This Act takes effect January 1, 2024.

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