HB5053 - Relating to a prohibition on marketing, advertising, or selling certain e-cigarette products; creating a criminal offense.

  89R15189 MCF-F     By: Leach H.B. No. 5053       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on marketing, advertising, or selling   certain e-cigarette products; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.0876(b), Health and Safety Code, is   amended to read as follows:          (b)  A person commits an offense if the person markets,   advertises, sells, or causes to be sold an e-cigarette product :                 (1)  in a product [ , if the product's ] container that :                       (A)  [ (1) ]  depicts a cartoon-like fictional   character that mimics a character primarily aimed at entertaining   minors;                       (B)  [ (2) ]  imitates or mimics trademarks or trade   dress of products that are or have been primarily marketed to   minors;                       (C)  [ (3) ]  includes a symbol that is primarily   used to market products to minors;                       (D)  [ (4) ]  includes an image of a celebrity; or                       (E)  [ (5) ]  includes an image that resembles a food   product, including candy or juice ;                 (2)     in a product shape or design disguised to appear as   an alternative product, including a product in the shape or design   of:                       (A)     a school or office supply, such as a   highlighter, marker, ink pen, or pencil;                       (B)     a smart phone, smart watch, smart phone case,   or smart watch case;                       (C)  headphones, including ear buds;                       (D)  clothing;                       (E)  a backpack;                       (F)  a cosmetic, including lipstick; or                       (G)  a toy; or                 (3)  that was manufactured in China .          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.