AN ACT relating to a prohibition on certain e-cigarette containers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Protecting Children from Electronic Cigarette Advertising Act.

SECTION 2. Subchapter H, Chapter 161, Health and Safety Code, is amended by adding Section 161.0876 to read as follows:

Sec. 161.0876. PROHIBITED E-CIGARETTE CONTAINERS. A person may not sell or cause to be sold an e-cigarette container that:

(1) depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;

(2) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;

(3) includes a symbol or celebrity image that is primarily used to market products to minors; or

(4) resembles a food product, including candy or juice.

SECTION 3. Notwithstanding Section 161.0876, Health and Safety Code, as added by this Act, a retailer is not required to comply with that section until January 1, 2024.

SECTION 4. This Act takes effect September 1, 2023.

DISCLAIMERS

The information on wearedragon.com/wearedragon.net as well as in this statement itself has not been evaluated by the Food and Drug Administration. The products on the website have not been evaluated by the Food and Drug Administration. The products are not intended to diagnose, treat, cure, or prevent any disease. By using the products you assume responsibility for any adverse effects or health complications that may result from its use. Seller assumes no liability for the misuse of prior to the use of the products.

WARNING: CONSULT A PHYSICIAN BEFORE USE. DO NOT COMBINE WITH ALCOHOL, DRUGS, OR MEDICATIONS. DO NOT USE IF PREGNANT, NURSING, OR HAVE ANY HEALTH CONDITIONS. MAY CAUSE DROWSINESS. DO NOT OPERATE A VEHICLE OR HEAVY MACHINERY. PRODUCTS MAY HAVE A DELAYED EFFECT. KEEP OUT OF REACH OF CHILDREN AND PETS.