Stricter Vape Regulations hit Texas
During the 89th Texas Legislature, Gov. Greg Abbott signed Senate Bill 2024, 1313, and 1316 into law, each enforcing strict limitations on advertising, availability, and the depiction of nicotine products, like e-cigarettes, and hemp-derived cannabinoids in Texas. Along with criminal offenses, the laws go into effect Sept. 1.
As the exponential rate of underaged smoking continues, the bills intend to prevent middle school and high school students from accessing e-cigarettes, including those “mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, or a derivative of any of those items,” according to an SB 2024 amendment by Sen. Charles Perry. Targeted brands include Geek Bars, Elf Bars, Raz, and Fresor.
While universities and colleges aren’t affected by the new laws, Del Mar College specifically may see changes in the area due to Collegiate High School’s location on the Heritage campus.
The extensive SB 2024 prohibits certain advertising, marketing, and selling of e-cigarettes and vapes. Specifically, imagery in advertisements cannot depict symbols, objects, products, flavors, characters, or celebrities which may attract minors, nor can the vape itself resemble smart phones, electronics, school supplies, cosmetics, or toys.
“I don’t think banning colorful vapes is going to stop a child from getting their hands on it, especially if [there are] parents or cousins or siblings that are going to be vaping around these children,” said Hayden Edwards, Del Mar student. “And it’s not going to stop adults from vaping, either.”
The SB 2024 bill also prohibits the sale or importation of e-cigarettes manufactured entirely or partly in China. Violators will be charged with a Class A misdemeanor and penalized by being fined up to $4,000 or being jailed for up to one year.
The second bill, SB 1313, re-establishes SB 2024’s provisions related to minor-marketed advertisements with the addition that retailers will be charged if promotional posters in-store infringe the law. Violators will be charged with a Class B misdemeanor and penalized by being fined up to $2,000 or being jailed for up to 180 days.
The final bill, SB 1316, prohibits advertisements from being visible within 1,000 feet of schools and churches. The distance is measured from the edge of the property line, extended to the nearest street or highway, and continued via street lines and direct lines across intersections. The law will not apply to advertisements posted before Sept. 1, 1997, if closer than 1,000 feet, but will be enforced if closer than 500 feet. No criminal offense has been created for this bill.
While the new laws are controversial among young adults, parents, and lawmakers alike, the laws’ efficacy and success in lowering underage smoking rates will be made clear after going into effect.
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