G/TBT/N/USA/2080  
4 January 202 4 
(24-0035) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
Texas  
2. Agency responsible:   
Comptroller of Public Accounts, State of Texas [2111]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification sha ll be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  E-
Cigarette products; Domestic safety (ICS code(s): 13.120); Tobacco, tobacco products 
and related equipment (ICS code(s): 65.160)  
5. Title, number of pages and language(s) of the notified document:  Prohibited E -
Cigarette Products; (3 page(s), in English)  
6. Description of content:  Proposed rule - The Comptroller of Public Accounts proposes 
new §3.1208, concerning prohibited e -cigarette products. The new section implements 
House Bill 4758, 88th Legislature, 2023, which enacted Health and Safety Code, 
§161.0876 (Prohibited E -Cigarette Products). The Texas Legislatur e has identified 
concerns that electronic cigarette ("e -cigarette") manufacturers have begun marketing 
their products to attract youth. "Various e -cigarette manufacturers package e -cigarette 
products to appear nearly identical to popular candy, flavored ju ice boxes, and other 
edible treats. The similarity in packaging of e -cigarette products to children's snacks is a 
direct appeal from manufacturers to children, which entices them to consume these 
dangerous nicotine products. The CDC reports that 69 percent  of youth are exposed to e -
cigarette advertisement via retail stores, magazines, TV shows, movies, and the Internet. 
These mediums also use cartoon -like characters and celebrity imagery to appeal to 
youths. According to the CDC, in the 10 -year period from 2011 to 2021, vaping rates 
among middle and high school student increased from 1.5 percent of youth to nearly 30 
percent of youth using e -cigarettes. These deliberate and ongoing efforts considerably 
impact the consumption rates of e -cigarettes among youth  and require swift action. In 
2018, the Department of State Health Services determined that e -cigarette use has 
reached epidemic status among teens." House Comm. on Pub. Health, Bill Analysis, Tex. 
C.S.H.B. 4758, 88th Leg., R.S. (2023).  G/TBT/N/USA/2080  
 
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  7. Objective and r ationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of human health or safety  
8. Relevant documents:   
Texas Register 48 TexReg pages 7160 to 7162, 8 December 2023:  
https://www.sos.texas.gov/texreg/pdf/backview/1208/1208is.pdf  
WTO Members and thei r stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders by 4pm Eastern Time  on 7 January 2024 will be shared with the Texas 
Comptroller of Public Accounts if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 January 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2024/TBT/USA/24_00036_00_e.pdf