A new Texas law taking effect in 2023 will prohibit numerous e-cigarette marketing tactics perceived as targeting youth, including use of cartoons, celebrities, or images of candy. However, experts say national vape companies are unlikely to fully abandon the lucrative Texas market.
Key Aspects of Texas Vape Advertising Ban
Known as House Bill 4758, the Protecting Children from Electronic Cigarette Advertising Act makes it illegal to:
- Display cartoon characters that appeal primarily to minors
- Mimic trademarks or branding used to market to youth
- Include symbols commonly used to attract underage consumers
- Feature celebrity images or endorsements
- Resemble candy, food, or beverages visually.
Raji Srinivasan, a marketing professor at UT Austin, explains the law covers promotions, packaging, in-store product placement, and more. Merely positioning vapes near sodas or candy in a store could violate the act.
National Vape Companies Unlikely to Abandon Texas Market
Despite having to adjust advertising methods for Texas, Srinivasan believes national marketers selling vapes won't fully leave the state given its sizable youth consumer base. However, most will become more careful to avoid penalties.
She also notes companies may look for legal loopholes or pushback against the ban unless Texas officials actively prosecute violators in the law's early days. Fines or other substantial punishments would better ensure cooperation.
Recent Data Shows Declining Teen Vaping Rates
Per federal data, vaping rates among high school students dropped from 14% in 2022 to 10% in late 2023. Use of any tobacco product, including traditional cigarettes, also fell across underage groups.
While the new advertising rules likely contributed, ongoing educational efforts around vaping risks probably also lowered teen usage. However, more work remains to curb youth access and appeal.
Conclusion
Texas now prohibits numerous vape advertising approaches thought to entice minors, like cartoons or celebrity images. But some expert analysis suggests leading national marketers will attempt exploiting loopholes rather than abandon the profitable state-level market altogether. Continued penalties and lower teen vaping rates over time will indicate effectiveness.
