Texas House Bill HB2118

Texas 2023 - 88th Regular

• Filed: 2/9/23

Caption

Relating to prohibiting the advertising of e-cigarettes in certain locations; imposing a fee.

Impact

If enacted, HB 2118 would impose a 10 percent fee on the gross sales price of outdoor advertisements for e-cigarettes and related tobacco products. This financial measure is expected to generate revenue that could be directed toward public health initiatives. By tightening restrictions on where such advertising can take place, the bill seeks to mitigate the normalization of e-cigarette products within close Vicinity of institutions that promote the health and education of young people. The implications of the bill will significantly impact local advertising practices and might shift industry marketing strategies.

Summary

House Bill 2118 aims to address the advertising of e-cigarettes in Texas by prohibiting advertisements in certain locations, specifically within 1,000 feet of churches and schools. The bill amends existing provisions in the Texas Health and Safety Code that deal with cigarette and tobacco product advertising, extending similar restrictions to e-cigarettes. This legislation reflects ongoing public health concerns regarding youth access to nicotine products and aims to reduce their exposure to e-cigarette marketing in environments intended for children and community activities.

Sentiment

The sentiment surrounding HB 2118 appears to be cautiously optimistic among public health advocates who support measures to protect youth from nicotine exposure. Proponents emphasize the importance of regulating e-cigarette advertising to safeguard community health, arguing that the measure is a necessary step in combating smoking and vaping among minors. However, there may also be concerns amongst business owners and advertisers about the economic implications of restricted advertising zones and the additional fees associated with compliance.

Contention

While the general intent of HB 2118 is to promote public health, there are notable points of contention regarding the balance between regulation and commercial freedom. Critics of such advertising restrictions may argue that they infringe on business rights and hinder legitimate marketing efforts. Furthermore, stakeholders may debate the effectiveness of such measures in curbing e-cigarette use compared to other regulatory approaches. The discussion highlights the ongoing tension between public health advocacy and business interests in the legislative arena.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section