Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For purposes of this section, "e-cigarette product" means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081 (1-a), regardless of whether the liquid solution or material contains nicotine. The term does not include a prescription medication or other prescribed substance unrelated to the cessation of smoking. (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product: (1) in a product container that: (A) depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors; (B) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (C) includes a symbol that is primarily used to market products to minors; (D) includes an image or name of a celebrity; or (E) includes an image that resembles a food product, including candy or juice; (2) in a product shape or design disguised to appear as an alternative product, including a product in the shape or design of: (A) a school or office supply, such as a highlighter, marker, ink pen, or pencil; (B) a smart phone, smart watch, smart phone case, or smart watch case; (C) headphones, including ear buds; (D) clothing; (E) a backpack; (F) a cosmetic, including lipstick; or (G) a toy; (3) that is wholly or partially manufactured in or marketed as being manufactured in: (A) China; or (B) a country designated as a foreign adversary by the United States secretary of commerce under 15 C.F.R. Section 791.4; or (4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances. (c) An offense under this section is a Class A misdemeanor.
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