A new Texas law enacted Monday places major limits on how vape shops can market e-cigarette products that could appeal to youth. House Bill 7458 effectively bans e-cig promotions involving celebrities, cartoons, food imagery, or other content thought to attract underage users.
Law Aims to Curb Teen Vaping Rates
Supporters argue impulsive teens seeing such stimulating marketing are more likely to illegally start vaping. So the law tries reducing this influence and exposure. “Target that, so that way kids won't get influenced,” explains local Judge Joe Benavides.
His court frequently sees minor offenses related to underage vaping, which Benavides notes remains extremely common locally. He feels directly addressing marketing impressions which glamorize vaping for youth is prudent.
Vape Shop Inventory & Promotions Forced to Change
The new restrictive rules have already impacted vape business operations statewide. Vapor Vault employee Sean Janosky shared his store rushed to markdown or discard perfectly lawful existing inventory featuring now-banned flavors or imagery.
“We had to put everything on deep discount, basically to what we paid for it,” Janosky explained. His store also quickly ceased all external marketing and in-store promotions contravening the updated regulations.
Law Seen as Overreaching by Some Vape Shops
While appreciating intentions to protect children, Janosky believes applying such stringent marketing standards to exclusively adult-only vape stores is heavy-handed and unnecessary.
"We're a 21 and up establishment, children don't come in here unless they're with their parents," he points out regarding his niche vape shop demographic.
Janosky argues teens can’t even view store window displays or marketing. So further limiting lawful advertising inside an adults-only business misses the target. "They can't look through our windows gazing longingly at a strawberry, going I want to vape a strawberry. They're not going to do that."
Steep Penalties for Violations
Texas vape shops violating provisions of the new anti-marketing law face Class B misdemeanor charges. If convicted, owners risk substantial fines up to $2000 plus potential jail time not exceeding 6 months. These stiff legal penalties should compel industry compliance.
