Texas law cracks down on marketing toward minors
Texas House Bill 4758 recently went into effect, aiming to curb the appeal of e-cigarettes to minors by restricting packaging and marketing strategies.
โIt is illegal to sell e-cigarettes to minors–these products are dangerous and most contain nicotine–heavy metals and cancer-causing materials, yet these products are intentionally designed to attract minors,โ Texas Comptroller Glenn Hegar stated in a news release issued in December.
The legislation, titled โProtecting Children from Electronic Cigarette Advertising Actโ (HB 4758), took effect Jan. 1 and prohibits the sale of e-cigarette containers utilizing specific design elements that:
–depict a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors
–imitate or mimics trademarks or trade dress of products that are or have been primarily marketed to minors
–include a symbol that is primarily used to market products to minors
–include an image of a celebrity; or
–include an image that resembles a food product, including candy or juice.
โA violation can result in a Class B misdemeanor conviction punishable by up to 180 days in jail, a fine up to $2,000, or both,โ according to the news release. โE-cigarette retailers also can face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.โ
The legislation comes amid growing concerns about the rising popularity of e-cigarettes among teenagers, according to the news release.
Sunaina Chugani, an assistant professor of marketing at UTRGV, specializes in consumer behavior and in an interview with The Rider said HB 4758 is a good step to protect children, even if it will not eliminate vaping entirely.
โPeople who want to vape are still going to vape,โ Chugani said.
She said that regulations might make it harder to target certain demographics, but โ[e-cigarette companies] will adapt. They will figure out how to stay in business.โ
It is also the caregiversโ responsibility to shield minors, according to the assistant professor.
โI have no idea if itโs gonna solve the problem of kids smoking,โ she said. โBut itโs one step in the right direction.โ
Chugani said that product packaging significantly influences how consumers perceive a product.
โIf youโre putting colorful characters โฆ things that minors like, on e-cigarettes, itโs absolutely going to increase the appeal of those products,โ she said. โThey think, โOh, this is something that is meant for me. I want to try it out.โโ
Robert Gilbert, an associate professor in graphic design at UTRGV, agrees that using cartoons, candy images and other โpositive stimulatorsโ in vape ads are effective because they โsink into the unconscious.โ
โIt sounds like what theyโre trying to do is link those images and those experiences, like eating candy or watching cartoons with vaping,โ Gilbert said. โAnd all of those things are comfort activities, or comfort foods.โ
The Rider asked Gilbert how packaging could be designed to effectively communicate that a product is intended for adults only.
โThatโs a tricky one,โ he said.
Serious or somber tones might work to design advertisements to adults, but that would not communicate the โfunโ or โpartyโ aspect some adult vape marketing aims for, Gilbert said.
โBut I would say, perhaps, something a little more structured with the typography โฆ less childlike or juvenile colors,โ he said. โโฆ And, of course, the image can convey that itโs for an adult audience.โ
E-cigarette packaging design can downplay the health risks. Beyond warning, companies will use designers to make the packaging attractive, according to Gilbert.
โThat warning has gotta be predominate,โ he said. โMaybe there could be a shortened version of the warning on the front, and the extended version on the back.โ
Patrick Martinez, a finance junior, said packaging may play a role but is unlikely to be the main reason why minors start vaping.
โThey โฆ probably got into it because it was a fad,โ Martinez said. โOr because someone they know who does it โฆ peer pressured them, or they were curious and just wanted to try it themselves.โ
Celebrity endorsements can also be very influential when marketing to minors, according to Chugani.
Mike Tyson, the American former world heavyweight boxing champion, launched his own product, Vape Tyson, in various fruit flavors.
The Rider asked Chugani how influential this product might be to young consumers.
โDo minors care about Mike Tyson?โ she asked. โI donโt know if Mike Tyson is relevant at all, but โฆ if thereโs a celebrity that kids look up to โฆ absolutely, itโs going to influence minors.โ
Chugani said banning attractive vape designs does not restrict adult consumersโ rights, but it might limit vape companiesโ marketing freedom.
โI believe that itโs necessary for us in this free-market economy to have certain regulations that protect vulnerable people,โ she said. โSo, I think that those [regulations] of the e-cigarettes and vaping companies is one that I think is a reasonable cost, because they do have a product that has the potential for harm.โ
Gilbert said he believes e-cigarette companies used childhood nostalgia in their design to purposely target a vulnerable demographic.
โAn adult wouldnโt necessarily be attracted to [that design], especially if theyโre thinking about smoking,โ he said.
Adults would not be drawn to these elements because adult smoking is associated with rebellion and risk-taking, not childish things, according to Gilbert.
โI donโt think an adult, if theyโre thinking about smoking, will gravitate to those fruity, you know, happy candylike images,โ he said. โThe art directors, I think, knew what they were doing.โ
