Texas Health and Safety Code
§ 161.0876 — PROHIBITED E-CIGARETTE PRODUCTS
HS § 161.0876Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 161. PUBLIC HEALTH PROVISIONS · Art. H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
Statute text
View on source(a)For purposes of this section, "e-cigarette product" means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081(1-a), regardless of whether the liquid solution or material contains nicotine. The term does not include a prescription medication or other prescribed substance unrelated to the cessation of smoking.
(b)A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product:
(1)in a product container that:
(A)depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
(B)imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
(C)includes a symbol that is primarily used to market products to minors;
…
Legislative history
Acts 2025, 89th Leg., R.S., Ch. 1150 (S.B. 2024), Sec. 2, eff. September 1, 2025.