A new legislation in Texas will prohibit the sale of vaping goods with packaging that features cartoons or pictures of fruit or other food or beverages as of January 1, 2024.
The legislation specifically forbids vape packing that
- Shows a fictional figure that "mimics a character primarily aimed at entertaining minors" and has the appearance of a cartoon.
- Resembles or imitates trade dress or trademarks of goods that are or have been sold mainly to children
- Contains a symbol that is mostly used to pitch goods to children.
- Includes a picture of a famous person or something that seems like a food item, such as juice or candies.
The Protecting Children from Electronic Cigarette Advertising Act was ostensibly designed to prohibit "marketing to minors," yet it will immediately render thousands of adult-oriented vape goods unlawful. Packages that depict an apple or strawberry, for example, to highlight the flavor of the food, will not be allowed by law.
The enormous vaping population in Texas, the second most populated state in the union, makes the law particularly difficult. While manufacturers scurry to comply, consumers of disposable vape pens and bottles of e-liquid may experience shortages. Whether the state plans to actively implement the new law is still unknown.
According to the state comptroller, breaking the law can result in a conviction for a Class B misdemeanor, which carries a maximum penalty of $2,000 in fines and up to six months in jail. Retailers who are found guilty of selling goods in recently prohibited packaging may also be subject to civil penalties of up to $3,000 as well as the suspension or cancellation of their sales licenses.
On June 17, Governor Greg Abbott signed the Protecting Children from Electronic Cigarette Advertising Act (HB 4758), which had virtually no opposition when it cleared both chambers of the Texas legislature.
