Texas to Ban Vape Packaging Specifically Targeting Minors Starting January 1

Starting January 1, 2024, it will be a criminal offense in Texas to market, advertise, sell, or cause the sale of e-cigarette products in containers designed in a way intended to appeal to minors.

“Selling e-cigarettes to minors is illegal—and these products are dangerous, with most containing nicotine, heavy metals, and carcinogens—yet these products are clearly designed to attract minors,” said Texas Comptroller Glenn Hegar. “Texas has taken action to address this deceptive marketing, and I am very grateful for the cooperation of retailers across the state in helping us protect our most valuable resource: our children.”

House Bill 4758 provides that any person who markets, advertises, sells, or causes the sale of e-cigarette products in product containers meeting any of the following criteria commits a Class B misdemeanor and may face civil and criminal penalties:

1. Depicts a cartoon-like fictional character or imitates a character primarily associated with entertainment aimed at minors;
2. Imitates or copies the trademark or trade dress of products primarily marketed to minors;
3. Contains symbols primarily used to market products to minors;
4. Includes the image of a celebrity;
5. Includes images resembling food products, including candy or juice.

Violations may result in a Class B misdemeanor conviction, punishable by up to 180 days in jail, a fine of up to $2,000, or both. E-cigarette retailers may also face civil penalties of up to $3,000, as well as license suspension or revocation for repeat violations.

According to the press release, the Comptroller’s office and partner agencies have conducted inspections of labeling and employee compliance related to the sale, possession, and use of tobacco, e-cigarettes, and tobacco products.