Due to the Texas House Bill 4758, starting January 1, 2024, it is now considered a Class B Misdemeanor to market, advertise, or sell e-cigarette products to minors in Texas. If the e-cigarette product’s packaging:
- 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
Retailers and individuals can be charged with a Class B Misdemeanor offense, punishable by up to six months in county jail, a fine not to exceed $2,000, or both. E-cigarette retailers can also face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.
A copy of the Texas House Bill 4758 can be found here.