88R19177 SRA-F
By: Thierry, Anderson, Slawson, et al. H.B. No. 4758
Substitute the following for H.B. No. 4758:
By: Klick C.S.H.B. No. 4758
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain e-cigarette products; creating
a criminal offense.
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 PRODUCTS. (a) A
person commits an offense if the person markets, advertises, sells,
or causes to be sold an e-cigarette product, if the product's
container:
(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 that is primarily used to market
products to minors;
(4) includes an image of a celebrity; or
(5) includes an image that resembles a food product,
including candy or juice.
(b) An offense under this section is a Class B misdemeanor.
SECTION 3. This Act takes effect January 1, 2024.