The bill, H.B. No. 5053, aims to prohibit the marketing, advertising, or selling of certain e-cigarette products in Texas, establishing a criminal offense for violations. It amends Section 161.0876(b) of the Health and Safety Code to specify that an offense occurs if a person markets or sells an e-cigarette product that meets certain criteria. These criteria include products that are packaged in a way that appeals to minors, such as those featuring cartoon characters, images of celebrities, or resembling food items. Additionally, the bill introduces new restrictions on products designed to mimic everyday items like school supplies, smart devices, clothing, and toys, as well as products manufactured in China.

The bill clarifies that the changes in law will only apply to offenses committed on or after its effective date of September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the previous law. This provision allows for a smooth transition and enforcement of the new regulations while maintaining accountability for past actions under the existing legal framework.

Statutes affected:
Introduced: Health and Safety Code 161.0876 (Health and Safety Code 161)