Texas House Bill HB4758

Texas 2023 - 88th Regular

• Filed: 3/10/23
• Out of House Committee: 5/1/23
• Voted on by House: 5/6/23
• Out of Senate Committee: 5/21/23
• Voted on by Senate: 5/23/23
• Governor Action: 6/17/23

Caption

Relating to a prohibition on certain e-cigarette products; creating a criminal offense.

Impact

The bill amends Chapter 161 of the Health and Safety Code to create criminal penalties for violations of these marketing restrictions, classifying such offenses as Class B misdemeanors. The intention behind this legislation is to mitigate the rising rates of vaping among high school students, which has reportedly increased by 135%. By prohibiting certain advertising techniques that appeal directly to younger audiences, the bill seeks to foster a healthier environment for Texas youth.

Summary

House Bill 4758, known as the Protecting Children from Electronic Cigarette Advertising Act, aims to impose restrictions on the marketing and sale of e-cigarette products to protect youth from the growing trend of vaping. The bill defines e-cigarette products to include any nicotine-containing substance intended for use in an e-cigarette and outlines specific marketing practices deemed inappropriate for these products. Among these restrictions, any marketing that includes cartoon characters, celebrity images, or food-like representations targeted at minors is prohibited.

Sentiment

The sentiment surrounding HB 4758 has been largely supportive, particularly from health advocates and members of the public health sector, who argue that stricter regulations are a necessary response to the pressures children face in the current vaping epidemic. Testimonies during committee discussions indicated a contributing concern regarding the prevalence of e-cigarettes in schools and the need for legislative action to curb this trend. Industry representatives have also expressed support, highlighting the importance of responsible marketing practices.

Contention

Noteworthy points of contention include concerns from opponents of the bill regarding the potential implications for legitimate advertising and competition within the e-cigarette market. Some stakeholders worry that overly broad marketing restrictions may hinder the ability of businesses to effectively communicate their products' safety and advantages to adult consumers. The debates surrounding this legislation signify an ongoing struggle between public health interests and market freedoms, particularly in an evolving area like e-cigarettes.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: 0876
  • Section: 0876
  • Section: 0876
  • Section: 0876
  • Section: 0876