A new Texas law went into effect this week placing strict limits on how vape shops can market e-cigarettes, specifically aiming to curb advertising deemed likely to attract underage users.
Law Bans Cartoons, Celebrities, and Kid-Friendly Symbols
- House Bill 7458 bans vape marketing that uses cartoons, celebrities, or food imagery that could appeal to youth
- Shops can no longer display such ads in windows, on signs, or on product packaging
- Violations are a class B misdemeanor punishable by up to 6 months in jail and $2,000 fines
"The purpose is to protect kids from the influence of marketing tactics clearly aimed at getting their attention and making vaping look harmless and cool," said Nueces County Justice of the Peace Joe Benavides.
Judge Sees Rampant Underage Vaping Firsthand
Having witnessed frequent vaping offenses by minors in his courtroom, Judge Benavides supports measures to curb youth exposure.
"The new law targets how products are advertised in ways that spark kids' interest, even if the products themselves aren't directly sold to them illegally," he explained.
Vape Shops Forced to Destroy Non-Compliant Inventory
The legislation has already impacted vape businesses statewide as shops scramble to comply by removing banned ads and products.
Vapor Vault employee Sean Janosky reported having to mark down or destroy all inventory featuring cartoons or food.
"We had to put everything on deep discount, basically to what we paid,” he said. While Janosky understands the intent behind the law, he feels it unfairly lumps specialty 21+ shops like Vapor Vault in with retailers accessible to youth.
Law's Youth Protection Goals Questioned
"We card everyone who enters to keep minors out. The only kids here come in with their parents,” Janosky said.
He further questioned how display bans would deter youth vaping:
"Kids can't gaze longingly through our window at strawberry flavors and suddenly want to start vaping. This law tries to address underage use but misses the core problems."
Ongoing Efforts Expected to Curb Youth Vaping
While aspects of the vape marketing law have drawn criticism within the industry, Texas leaders show no signs of easing up on underage vaping concerns. Alongside display and packaging restrictions, ongoing legislative sessions are likely to consider further raising legal sales ages and expanding enforcement.
