Texas Lawmakers Pass Toned-Down Version of Vape Bill

Over the weekend, the Texas State Legislature backed down from passing a bill that would have banned virtually every mass-market vaping product available in the U.S. Instead, state lawmakers approved a compromise that will outlaw prefilled Chinese disposable vapes, but leave refillable products untouched.

A firestorm of opposition from vape and tobacco companies, libertarian-leaning conservatives, and consumers helped turn the tide.

The original Senate bill, which passed April 23, would have banned products “manufactured in China,” and was supported by tobacco company Altria Group, because Altria's NJOY vaping products are assembled in other Asian countries using Chinese parts, but not technically manufactured in China. But the House version of SB 2024, which passed May 28 after last-minute amendments, would have even banned Altria’s vape products.

The House version would have prohibited any vaping product “wholly or partly manufactured in China,” or that “contains any part or component manufactured in China.” The language was so broad it would have included not just disposable vaping products made and filled in China, but every product that contains a single component produced in a Chinese factory, including plastic cases, mouthpieces, coils and wires, switches, and even batteries. That would have prohibited virtually all refillable devices, including mods, vape pens, pods and tanks, atomizers, and cannabis carts.

Because the two versions of the bill differed substantially, a conference committee of lawmakers from both state houses was assigned to reach a compromise, which it did. The conference version of SB 2024 then passed both houses in separate votes Sunday. It will now go to Governor Greg Abbott for signature or veto.

The final version of the bill bans Chinese products only if they contain Chinese-made e-liquid (or other consumable substances). 

The new language is similar to the PMTA registry law recently passed in Tennessee, banning the sale of Chinese disposables that are filled with e-liquid before export. The new Texas law will, if signed by the governor, allow the sale of Chinese-made vape devices that are filled with American-made e-liquid. 

The law will allow the sale of current FDA-authorized vape products, which are all made in Asia but filled in U.S. factories, as are Juul and some smaller independent American vape manufacturers.

The final bill will still ban the sale of vapes in packages with “child-appealing” or food-like imagery, vapes shaped like other products (highlighters, phones, etc.), and products containing cannabinoids, kratom and some other substances.

The Texas legislature adjourns its session today.