SB 2024 increases penalties and expands prohibitions on marketing and sales of e-cigarette products, including an outright ban on vape products with any cannabinoids.
The following information is from the Legislative Research Organization:
Background
Current law makes it a class B misdemeanor (up to 180 days in jail and/or a maximum fine of $2,000) offense to market, advertise, sell, or cause to be sold an e-cigarette product whose container:
- depicts, imitates, or mimics cartoon-like characters, trademarks, symbols, or other images aimed at marketing to minors;
- includes an image of a celebrity; or
- includes an image that resembles a food product, including candy or juice.
Concerns have been raised that, despite existing age restrictions and prohibitions on the sale of e-cigarette products, vape pen companies have continued to target minors by disguising vape pens as everyday items, such as school supplies and office supplies, making it easier for youth to conceal their use and evade detection.
Policy Overview
SB 2024 would increase penalties from a Class B to a Class A Misdemeanor and expand the list of prohibited e-cigarette products to include a product that:
- was in a container that included the name of a celebrity;
- was manufactured in China; or
- contained or was mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, or a derivative of any of those items.
The bill also would add to the list e-cigarette products in a shape or design disguised to appear as an alternative product, including a product in the shape or design of:
- a school or office supply, such as a highlighter, marker, ink pen, or pencil;
- a smartphone, smart watch, smartphone case, or smart watch case;
- headphones, including earbuds;
- clothing;
- a backpack;
- a cosmetic, including lipstick; or
- a toy.
SB 2024 would amend the definitions of “e-cigarette” and “e-cigarette products” to apply to any substance, liquid, or material intended to be used in an electronic cigarette, regardless of whether it had nicotine.
The bill would take effect September 1, 2025.