U.S. Texas House Passes SB 2024: Proposal to Ban Chinese-Made E-Cigarettes and Curb Youth-Targeted Marketing

【By 2Firsts】On May 28, the Texas House of Representatives passed the registration bill SB 2024 with a vote of 128 in favor and 7 against. The amendment expands the definition of "e-cigarettes" and "e-cigarette products" to include non-nicotine substances, planning to ban the sale of e-cigarette products manufactured in China in Texas. It also imposes restrictions on marketing strategies and product designs that appeal to minors, such as cartoon images, candy-like appearances, and disguising as school supplies.

Currently, the bill will proceed to the next step of "Governor Action," which is a key step in determining whether the bill will ultimately become law. In accordance with American law, major gubernatorial actions include:

Signing the bill: If the governor agrees with the bill, he/she will sign it, and the bill will then become law on the designated effective date. This is the most common way for bills to become laws.

Veto the bill: If the governor does not agree with the bill, he/she can choose to veto it. A veto typically means the bill will not become law.

·The legislature has the opportunity to overturn the governor's veto with a supermajority vote (such as two-thirds of the votes), thus making a bill a law without the governor's approval.

The Following are the Main Contents of the Bill:

The bill is related to banning the marketing, advertising, or sale of certain e-cigarette products, and establishes criminal offenses for this purpose.

The main content includes:

Revised Definition of "E-cigarette": 

·Any device that delivers nicotine or other substances to the user by means of a mechanical heating element, battery, or electronic circuit, to simulate smoking. 

·Also includes any other device that vaporizes or aerosolizes consumable liquid solutions or materials during use, regardless of whether or not the liquid solution or material contains nicotine.

Revised Definition of "E-Cigarette Products"

This refers to any substance intended for use in e-cigarettes, regardless of whether it contains nicotine.

Prohibited conduct: It is considered a crime to engage in individual marketing, advertising, selling, or promoting e-cigarette products that meet the following description:

Product packaging: 

·Depictions imitating primarily cartoon fictional characters targeted towards minors for entertainment purposes. 

·Imitating or counterfeiting trademarks or commercial appearance of products that are primarily or have historically been sold to minors. 

·Contains symbols mainly used to promote products to minors. 

·Includes images or names of celebrities. 

·Contains images resembling food (including candies or juices). Product 

Shape or Design:

·School or office supplies such as highlighters, markers, ballpoint pens, or pencils. 

·Smartphones, smartwatches, smartphone cases, or smartwatch cases. 

·Headphones, including earbuds. 

·Clothing. 

·Backpacks.

·Cosmetics, including lipstick. 

·Toys. 

Country of origin:

·Made in China.

Ingredients:

·Any derivatives containing or mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, or any of the aforementioned substances.

Effective Date and Applicability:

·The changes to the law only apply to illegal actions that occur on or after the effective date of this law. Illegal actions that occur before the effective date are subject to the legal jurisdiction in place at the time of the illegal action. If any elements of the illegal action occur before the effective date, the illegal action is considered to have occurred before the effective date. 

·The law is scheduled to take effect on September 1, 2025.