• July 21, 2024

January 1: New Vape Retailer Rules in Texas Begin

 January 1: New Vape Retailer Rules in Texas Begin

A Forever Vapes store in Pearland, TX, USA. (Credit: JHVEPhoto)

A Forever Vapes store in Pearland, TX, USA. (Credit: JHVEPhoto)

Beginning Jan. 1, 2024, it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors.

“It is illegal to sale e-cigarettes to minors — these products are dangerous and most contain nicotine, heavy metals and cancer-causing materials — yet these products are intentionally designed to attract minors,” Texas Comptroller Glenn Hegar said. “Texas has taken action to deal with this kind of deceptive marketing and I greatly appreciate the partnership with retailers across this state to help us protect one of our most vital resources: our children.”

House Bill 4758 states any person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell or cause to be sold an e-cigarette product and the product’s container meets any of the following criteria: 

  • depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
  • imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
  • includes a symbol that is primarily used to market products to minors;
  • includes an image of a celebrity; or
  • includes an image that resembles a food product, including candy or juice.

A violation can result in a Class B misdemeanor conviction punishable by up to 180 days in jail, a fine up to $2,000, or both. E-cigarette retailers also can face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.

The Comptroller’s office and partnering agencies perform inspections for signage and employee compliance concerning the sale, possession and use of cigarettes, e-cigarettes and tobacco products, according to a press release.