The Texas Senate approved SB 2024 and sent it to Governor Greg Abbott for signature. This newly approved legislation is a departure from the prior versions which would have outlawed nearly all e-cigarettes/vape products, specifically disposable vapes from China, in Texas.
The bill expands the definition of an "e-cigarette product" to include any substance intended for use in an e-cigarette, regardless of whether it contains nicotine. This aims to regulate non-nicotine vape products as well namely vapes containing cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances
In an effort to further curb youth appeal, SB 2024 prohibits marketing, advertising, or selling e-cigarette products using features that appeal primarily to minors, such as cartoon characters, food or candy images, celebrity endorsements, or products disguised as children's items (school supplies, toys, electronics).
The bill also bans the sale or marketing of any e-cigarette product manufactured in China or countries designated as foreign adversaries by the U.S. Secretary of Commerce. As reported in the Nicotine Insider, under the final version, Texas will ban the sale of any vaping device that contains e-liquid (or other consumable substances) manufactured and filled in China. Products that are merely assembled in China—but filled with American-made e-liquid—will remain legal.
Violations of SB 2024 are categorized as Class A misdemeanors, increasing the criminal penalty compared to previous regulations.
The bill is set to take effect on September 1, 2025, and will only apply to offenses committed on or after that date.
If Governor Abbott signs the bill into law, Texas will join a growing number of states enacting state-level restrictions on imported disposable vapes and unapproved products as federal enforcement lags.
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