88R8311 KKR-D
By: Thierry H.B. No. 1872
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited sale of certain flavored e-cigarettes;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. FLAVORED E-CIGARETTES
Sec. 161.095. DEFINITION. In this subchapter,
"e-cigarette" has the meaning assigned by Section 161.081.
Sec. 161.096. PROHIBITED SALE OF CERTAIN FLAVORED
E-CIGARETTES. (a) A person may not sell, give, or cause to be sold
or given an e-cigarette with a distinguishable taste or aroma other
than the taste or aroma of tobacco or menthol, including the aroma
or taste of:
(1) an alcoholic beverage;
(2) candy or dessert;
(3) chocolate, cocoa, or vanilla;
(4) fruit;
(5) an herb or spice;
(6) honey; or
(7) mint or wintergreen.
(b) There is a rebuttable presumption that an e-cigarette
has a distinguishable taste or aroma prohibited under Subsection
(a) if a person:
(1) makes a public statement or claim that the
e-cigarette imparts a taste or smell other than the taste or smell
of tobacco or menthol;
(2) uses text or images on the labeling or packaging of
the e-cigarette to indicate the e-cigarette imparts a taste or
smell other than the taste or smell of tobacco or menthol; or
(3) takes other action directed at consumers that
would reasonably be expected to cause consumers to believe the
e-cigarette imparts a taste or smell other than the taste or smell
of tobacco or menthol.
Sec. 161.097. CIVIL PENALTY. (a) A person who violates
Section 161.096 is liable to this state for a civil penalty of $250
for each violation.
(b) The attorney general may sue to collect the penalty.
(c) The attorney general shall file an action under this
section in a district court in Travis County or the county in which
the violation occurred.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney's fees, investigative costs,
witness fees, and deposition expenses.
SECTION 2. This Act takes effect September 1, 2023.