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New E-Cigarette Law Designed To Protect Youth

Texas Comptroller Glenn Hegar
Texas Comptroller Glenn Hegar is reminding retailers that beginning January 1, 2024, it will be a crime in Texas to market, advertise, sell, or cause the sale of an e-cigarette product in specific containers designed to appeal to minors.

“It is illegal to sell e-cigarettes to minors — these products are dangerous, and most contain nicotine, heavy metals, and cancer-causing materials — yet they intentionally design these products to attract minors,” Hegar said. “Texas has taken action to deal with this kind of deceptive marketing. 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 says a person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell, or cause someone to sell an e-cigarette product and the product’s container meets any of the following criteria: 

  • Depicts a cartoon-like fictional character that mimics a nature primarily aimed at entertaining minors
  • Imitates or mimics trademarks or trade dress of products that are or someone would market to children
  • Includes a symbol that they mostly use to market products to minors
  • Consists of an image of a celebrity
  • 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 of up to $2,000, or both. E-cigarette retailers can also face civil penalties of up to $3,000 and permit suspension or revocation for repeat violations.

More than 2.1 million high school and middle school students who participated in the 2023 National Youth Tobacco Survey said they use e-cigarette products, which were the most popular tobacco product among youth users for the 10th year in a row.

The Comptroller’s Tobacco Enforcement Program helps prevent children from obtaining cigarettes, e-cigarettes, and other tobacco products. This vital public health mission requires constant vigilance and continuous effort from parents, business owners, government officials, and all concerned Texans. The Comptroller’s office and partnering agencies inspect signage and employee compliance concerning the sale, possession, and use of cigarettes, e-cigarettes, and tobacco products.

Anyone can anonymously report those violating tobacco control laws by calling the Texas E-Cigarette and Tobacco Hotline at 800-345-8647 or by emailing