Texas Senate Bill SB39

Texas 2025 - 89th 1st C.S.

• Filed: 7/22/25

Caption

Relating to creating the criminal offenses of marketing or packaging of consumable hemp products in a manner attractive to minors and misleading consumable hemp packaging.

Impact

If enacted, SB39 will amend the Health and Safety Code to include two new sections that create specific offenses concerning hemp product marketing. The implications of this bill are significant as it will directly address how businesses can advertise and package consumable hemp products. With offenses classified as Class A misdemeanors, this may lead to stricter compliance requirements for marketers and producers of hemp-related goods in Texas, aiming to ensure that vulnerable populations, particularly minors, are protected from potentially harmful products.

Summary

Senate Bill 39 (SB39) aims to establish criminal offenses related to the marketing and packaging of consumable hemp products, particularly focusing on protecting minors. The bill specifically defines marketing practices that could make these products attractive to individuals under 21 years of age. It outlines measures that prohibit any consumable hemp product from being marketed in shapes, containers, or packaging that would appeal to minors, including representations of animals, cartoons, and certain celebrity images. To combat misleading packaging, the bill also identifies actions that could mislead consumers about the nature of the product, including false medical associations.

Contention

Discussion surrounding SB39 has highlighted concerns regarding its potential overreach on marketing freedom. Supporters argue that the measures are necessary to prevent the exploitation of children through deceptive marketing tactics, a sentiment echoed by health advocates who see this as a step towards a more responsible hemp industry. However, there are opposing viewpoints from business groups and marketers who fear that the imposed restrictions could stifle business innovation and limit consumer access to legitimate hemp products. Critics emphasize the importance of maintaining regulatory balance, voicing worries about overly restrictive measures that may hinder market growth.

Notable_points

One of the notable aspects of this bill is its focus on the shape and imagery used in packaging, which has gained attention as the cannabis industry evolves. The bill reflects a broader trend of increasing scrutiny on how cannabis and hemp products are marketed, especially concerning young audiences. The bill sets a precedent by taking a proactive stance against certain marketing practices and could inspire similar legislative efforts in other states aiming to protect minors from misleading hemp product marketing.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 443. Manufacture, Distribution, And Sale Of Consumable Hemp Products
  • Section: New Section