Texas Health and Safety Code 161.0876 – Prohibited E-Cigarette Products
Current as of: 2024 | Check for updates
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(a) For purposes of this section, “e-cigarette product” includes any substance containing nicotine from any source that is intended for use in an e-cigarette.
(b) A person commits an offense if the person markets, advertises, sells, or causes to be sold an e-cigarette product, if the product’s container:
(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 that is primarily used to market products to minors;
(4) includes an image of a celebrity; or
(5) includes an image that resembles a food product, including candy or juice.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Health and Safety Code 161.0876
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An offense under this section is a Class B misdemeanor.