Texas Legislature Close to Passing a Ban of All Vaping Products

The Texas state legislature is on the verge of passing a law that would ban all vaping products with components manufactured in China, including refillable devices, pods and tanks, atomizers, cannabis carts, and even the IQOS heated tobacco product made by Philip Morris International (PMI).

Since there is probably no mass-market vaping product made anywhere in the world that doesn’t include some Chinese components, the bill, if passed, would essentially ban the sale of any vaping product in Texas. American-made e-liquid would be legal, but vape shops would be prohibited from selling devices used to vape it.

The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has issued a Call to Action for Texas residents, providing a quick way for vaping consumers and businesses to urge state legislators to oppose SB 2024 before it’s too late. Too late, by the way, could mean tomorrow.

The bill passed the State Senate April 23 by a vote of 20-11. It then made its way through the Texas House, where an amended version passed yesterday by a lopsided vote of 128-7. The differences between the two versions of the bill will have to be reconciled in a conference between House and Senate leaders, and new votes on the compromise bill taken in both houses before Monday when the legislature adjourns for the year.

The most restrictive vaping bill in U.S. history

The bill, SB 2024, harnesses both nativist anti-China sentiment espoused by populist Republicans and anti-Chinese vape fearmongering promoted by both the tobacco industry and tobacco control groups. The bill’s sponsors are a mix of Democrats and Republicans.

The bill in its current form would ban the sale of:

• Any vaping product “wholly or partly manufactured in China; or contains any part or component manufactured in China”
• Products in packages that depict a “cartoon-like fictional character that mimics a character primarily aimed at entertaining minors,” imitate trademarks of products primarily marketed to minors, include symbols used to market to minors, or include the image or name of a celebrity
• Products in packages that resemble a food product, including candy or juice
• A product shape or design “disguised to appear as an alternative product,” including highlighters, smart phones, headphones, and numerous other products
• A product that contains or is mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, or a derivative of any of those

The bill originally banned products “manufactured in China,” and was supported by Altria (and possibly R.J. Reynolds) lobbyists, because their vaping products are assembled in other Asian countries from Chinese parts, but not technically manufactured in China.

However, last-minute amendments in the House by legislators apparently not privy to the tobacco industry lobbyists’ plans left Texans with a bill that would ban products that “contain any component manufactured in China.” That would include products sold by Altria and R.J. Reynolds, as well as Juul, and even PMI’s IQOS device, which is assembled in the United States, but uses some Chinese components.  The primary House sponsor of the bill tried to introduce a last-second amendment to repair the bill to Altria's benefit, but failed.

IQOS manufacturer PMI did not lobby for the bill, and has not lobbied for other restrictive vape bills to our knowledge. The company is launching its flagship heated tobacco device IQOS, using Austin, Texas as a test-market, and would have to abandon its campaign there (and future sales to 30 million Texans) if SB 2024 passes and is signed into law.

Texas Republicans and Democrats unite to crush vaping

The bill was opposed by Texas Policy Research, a conservative/libertarian policy analysis group. Republican Rep. Brian Harrison called SB 2024 a “liberal, big government bill,” and multiple online conservative voices also opposed it. 

But Republican lawmakers—in Texas and elsewhere—have passed lots of restrictive, “nanny-state” laws over the years, so this bill shouldn’t surprise anyone. Nearly all of the 13 PMTA registry laws that have been enacted so far were passed by Republican-majority legislatures.

The bill’s primary House Republican sponsor, Representative Jeff Leach of Plano, crowed about House passage of the bill, despite his failure to protect his Altria patrons with a last-minute amendment.

“Today the House passed SB 2024 to crack down on deceptive e-cigarette products manufactured by the CCP that are targeting our kids,” Leach wrote on X (Twitter). “Vape pens disguised as highlighters, smart watches, cosmetics, and even toys have NO place in our schools or homes. This bill bans these dangerous and disguised devices, along with products laced with intoxicating substances or manufactured in China. Our children deserve better—and Texas is leading the charge.”