Market & regulatory data for the e-cigarette sector in Texas

12th December 2023: US - Texas: Texas comptroller Glenn Hegar has published an announcement reminding retailers that as of 1st January 2024 it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors. The new law prohibits any e-cigarette container that (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 or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice.
12th September 2023: US - Federal: Pastel Cartel, the manufacturer of Esco Bars vaping devices, has filed a lawsuit with the US Federal District Court in the Western District of Texas accusing the US Food and Drug Administration (FDA) of improperly refusing to accept its premarket tobacco applications (PMTAs). The dispute relates to the FDA’s decision to reject over 100 documents that the company had included in their PMTAs. Earlier this year, Shenzhen Innokin Technology, the maker of Esco Bars, also received warning letters for manufacturing, distributing and/or importing unauthorised tobacco products in the US.
19th June 2023: US - Texas: House Bill 4758 has been signed by the governor. This bill prohibits any e-cigarette container that "(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 or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice." The provisions come into force on 1st January 2024.
30th May 2023: US - Texas: House Bill 4758 has been passed by both the House and the Senate and sent to the governor for signature. It would prohibit e-cigarette containers from depicting cartoon-like characters that mimic those aimed at minors; using trademarks or “trade dress” of products marketed to minors; featuring symbols or celebrity images primarily used to market products to minors; or resembling a food product, including candy or juice.
24th May 2023: US - Texas: House Bill 4758 has been passed by the Senate and now heads to the governor’s desk. It would ban e-cigarette containers that depict cartoon-like characters; mimic trademarks or appearance of products primarily marketed to minors; include symbols or celebrity images aimed at minors; or resemble food products, including candy or juice.
10th May 2023: US - Texas: House Bill 4722, which would tax non-tobacco nicotine products, has been passed by the House and now heads to the Senate. It would tax closed-system e-cigarettes, including disposables, at $0.07 per ml of nicotine e-liquid; open-system e-cigarettes at 3% of the wholesale price; and “alternative nicotine products” $1.22 per oz.
8th May 2023: US - Texas: House Bill 4758 has been passed by the House and now heads to the Senate. This bill would prohibit an e-cigarette container that "(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 or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice".
13th April 2023: US - Texas: House Bill 4481 is scheduled for a public hearing on Monday, 17th April. The bill would establish a directory of e-cigarettes and alternative nicotine products sold in Texas, and require manufacturers of all such products to certify annually that they agree to comply with the bill’s provisions.
15th March 2023: US - Texas: House Bill 3022, which would ban the sale of single-use e-cigarettes, has passed its first reading and been referred to the Committee on Public Health.
13th March 2023: US - Texas: House Bill 4758 has been introduced. This bill would prohibit any e-cigarette container that "(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 or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice".
10th March 2023: US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.

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