Texas House Bill HB1955

Texas 2015 - 84th Regular

Caption

Relating to false or misleading packaging, labeling, or advertising of certain abusable synthetic substances; providing civil penalties; creating a criminal offense.

Impact

The bill creates a new chapter in the Texas Health and Safety Code that outlines the prohibited acts associated with the sale of abusable synthetic substances. It establishes both civil and criminal penalties, including fines and potential misdemeanor charges for individuals who knowingly distribute or sell these substances with misleading labeling. The bill empowers the attorney general, as well as local attorneys, to launch legal actions against violators, asserting a structured approach to combating the risks associated with these substances.

Summary

House Bill 1955 addresses the issue of false or misleading packaging, labeling, or advertising of certain abusable synthetic substances. The bill defines 'abusable synthetic substances' as those intended to mimic controlled substances and which can produce effects similar to controlled substances when introduced into the body. This legislation seeks to establish a legal framework that holds individuals accountable for producing or selling mislabeled products under this definition, with specific penalties for violations.

Sentiment

The sentiment surrounding HB1955 appears to be generally positive, with broad support from various stakeholders who recognize the necessity of regulating misleading marketing practices that could harm public health. Supporters argue that the bill will help to deter the sale of potentially dangerous synthetic substances and protect consumers from the hazards of ingesting mislabeled products. However, there may be some concerns regarding the definitions and enforcement mechanisms, particularly on how they will be applied in practice.

Contention

Notable points of contention surrounding HB1955 could include discussions about the balance between regulation and individual freedoms, as well as the appropriateness of civil penalties that could reach up to $25,000 per violation per day. Critics may voice concerns about the bill potentially burdening businesses that legitimately market products while inadvertently mislabeling them. Furthermore, questions about the bill's effectiveness and the sufficiency of current laws regulating controlled substances may arise during legislative discussions.