Texas Law Restricts Tobacco Sales Using Cartoons, Celebrities, and Food Images
A new law in Texas may reshape how retailers market cigars and other tobacco products. S.B. 1313 went into effect on 1 September 2025 and targets retail advertising practices.
Overview of S.B. 1313
The legislation, passed in June 2025, creates restrictions for retailers selling tobacco and vaping products. While two other bills focused solely on e-cigarettes, this law applies broadly, including cigars.
Retailers now commit an offence if marketing or sales materials use:
A cartoon-like character primarily aimed at entertaining minors.
Logos or designs that imitate products marketed to children.
Symbols primarily used to market to minors.
Images of celebrities.
Images resembling food, such as candy or juice.
The law applies only to retailers, not to manufacturers or distributors.
Implications for Retailers
Many questions remain about what qualifies as a “sign” or promotional image. For example, marketing a cigar dinner using food imagery could violate the law. Similarly, featuring celebrity endorsers such as Guy Fieri, Ray Lewis, or Mike Tyson could also be prohibited. The legislation does not define “celebrity,” leaving interpretation open.
The law mentions marketing and advertising, but it may extend to packaging. Retailers could face compliance issues with products like Caldwell Cigar Co.’s Yellow Cake, which features cupcakes on its band.
Other products may avoid restriction. For instance, Tatuaje’s Pork Tenderloin uses packaging resembling butchered meat but contains no food images. In contrast, items like Ezra Zion’s Nomad’s Dark Peanut Butter Cups, which mimic candy packaging, would likely violate the law.
Cartoon imagery on packaging may remain legal if the state determines it is not primarily aimed at children.
Penalties for Violations
Retailers caught breaking the law face a Class B misdemeanor, carrying fines up to $2,000 and/or 180 days in jail.
Related E-Cigarette Laws
Alongside S.B. 1313, Texas passed two other bills targeting e-cigarettes:
Advertising ban within 1,000 feet of churches or schools.
Additional packaging and ingredient restrictions for vaping products.
The new legislation signals Texas’ increasing scrutiny of tobacco marketing and retail practices, especially those that could appeal to minors. Retailers will need to carefully review both advertising and packaging to stay compliant.
