Texas Bans Cartoons and Food Images in Vape Ads
Matthew Ma
A new Texas law taking effect in 2023 will prohibit vaping companies from using cartoons, celebrities, or food imagery when marketing to minors. The restrictions aim to reduce underage vaping but face potential pushback from the vape industry.
Known as House Bill 4758 or the Protecting Children from Electronic Cigarette Advertising Act, the law bans marketing e-cigarettes in ways that appeal primarily to kids and teens.
Specifically, it will be illegal to:
- Use cartoons or fictional characters popular with minors
- Imitate packaging or trademarks associated with underage brands
- Display symbols commonly used to market products to teens
- Depict celebrities popular among adolescents
- Resemble food items like candy or juice
The law covers all vaping promotions, packaging, retail displays, and other marketing content.
Supporters say the marketing restrictions will help combat underage vaping in Texas. But some industry observers believe vape companies will find workarounds.
"These companies aren't just marketing to Texas alone," said Raji Srinivasan, a marketing professor at UT Austin. She expects vape firms will comply where required but otherwise continue youth-oriented strategies in states without such laws.
"It's such a lucrative business there is likely to be some pushback and they’ll look for loopholes," Srinivasan said. Actual prosecutions for violations may be necessary for real change.
Recent data showed declining vape use among high school students nationally in 2022 versus 2021. In November 2022, 10% of high schoolers reported vaping within the past month, down from 14% in 2021.
The new ad restrictions reinforce Texas' multi-pronged approach to limiting vape access for minors while preserving choices for adult consumers.
Other state regulations include:
- Requiring age verification for online and retail vape purchases
- Levying fines against retailers selling to underage users
- Mandating child-resistant packaging on liquid nicotine containers
- Restricting vape use in schools
This comprehensive strategy aims to discourage youth vaping through enforcement and industry cooperation rather than bans. The marketing law enhances these efforts through supply-side constraints rather than punishing adult vapers.
Early data suggest the regulatory combo may be working to curb underage vape usage while maintaining access for adult smokers seeking alternatives. Ongoing monitoring will reveal whether ad restrictions deliver added reductions without counterproductive bans.