88R15853 SRA-F
By: Thierry H.B. No. 4758
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain e-cigarette containers.
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 CONTAINERS. A person
may not sell or cause to be sold an e-cigarette container that:
(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 or celebrity image that is
primarily used to market products to minors; or
(4) resembles a food product, including candy or
juice.
SECTION 3. Notwithstanding Section 161.0876, Health and
Safety Code, as added by this Act, a retailer is not required to
comply with that section until January 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.