Texas officials have already taken aim at vapes and e-cigarettes marketed toward kids. As of Jan. 1, a new law makes it a Class B misdemeanor to advertise vaping products using certain cartoons, characters or images of food or candy.
That means people marketing, advertising or selling vapes with that content could face a fine of up to $2,000 and 180 days of jail time, or both. Some officials say it should apply to vapes that look like school supplies. Vapes that look like school supplies and other common objects are an increasing issue in Texas classrooms.
There are vapes and e-cigarettes disguised to look like pens, highlighters, USB drives and more. A company even sells hoodies that have vapes in the drawstrings. “We can’t expect teachers to look at something like this and know what the intent is.
It’s just not fair. It’s not fair to them,” State Rep. Josey Garcia said.
Garcia says it’s clear these pens and highlighters aren’t marketed toward adults. When asked if the issue is something the legislature will be taking back up during the next session, “Absolutely,” Garcia responded. “It’s our duty as lawmakers to make sure they are not skirting the laws and they’re not marketing a very dangerous item to children.
” Comptroller Glen Hegar agrees. His office is in charge of educating, warning and issuing violations to retailers who don’t follow the new marketing law. “This wasn’t just a first step,” Hegar said of the recent implementation of HB 4758.
“This was really a giant step, a very significant step.” Hegar released a comprehensive statement when the law took effect to warn smoke and vape shop owners about the incoming changes. But already, he says, companies are trying to sidestep the law and retailers are running into trouble.
“We’ve done roughly about 150 different inspections. We’ve had 30-plus different violations and penalties that have been assessed,” Hegar said. That’s about 20% of inspections resulting in a violation, mostly for marketing to kids.
Experts warn to be on the lookout for these devices and to talk to kids about the risks associated with vaping. Schools are doing the same. “It has to be all hands on deck.
Parents, public health and in the medical community,” said Dr. Lawrence Quang, chief of pediatric emergency medicine at CHRISTUS Children’s Hospital..
