Update 4/17/25

Texas is stepping up its regulatory efforts around e-cigarettes and flavored nicotine products with a fresh wave of legislation. Several new bills are either already passed or on the verge of becoming law — and they have major implications for both consumers and industry players.

Here’s a breakdown of the new Texas bills:

🧾 H.B. 3772 – Comprehensive Vape Regulation Incoming

This bill creates a state-level regulatory framework for e-cigarettes containing nicotine. Manufacturers will be required to:

• Certify their products with the state
• Pay registration fees
• Comply with all applicable FDA regulations

Products that don’t meet the requirements will be banned from sale, and violations will be met with penalties. Full implementation is expected by 2026.

Link: http://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3772

🚫 S.B. 1182 – Flavor Ban Set to Take Effect

Texas is following in the footsteps of states like California and New York with a statewide ban on flavored tobacco products. This includes flavored e-cigarettes, menthol, and other flavored nicotine items. Enforcement measures are part of the bill, which is set to go into effect on September 1, 2025.

Link: http://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1182

🗃️ S.B. 1698 – Certification + Directory Management

This bill mirrors H.B. 3772 in establishing a manufacturer certification process, but adds a key enforcement tool: the Texas Comptroller will maintain a directory of all compliant e-cigarette products. Only items listed in this directory can be legally sold in the state.

Effective: September 1, 2025

Link: http://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1699

💵 S.B. 1699 & S.B. 2140 – Taxation is Expanding

Both of these bills broaden how Texas defines and taxes tobacco and nicotine products:

• S.B. 1699 updates the Tax Code to include nicotine pouches, vapes, and other alternatives.
• S.B. 2140 goes a step further by setting a new excise tax rate of $1.22 per ounce on e-cigarette products.

Both will take effect on September 1, 2025, and aim to align newer products with the tax treatment of traditional tobacco.

Link SB2140: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2140

Link SB1699: http://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1699

Texas State Sen. Carol Alvarado (D-Houston) has introduced S.B. 1182, a bill that, if passed, would ban the sale of all flavored tobacco and vape products in the state—including menthol cigarettes, flavored e-liquids, and nicotine alternatives. This legislation, similar to failed proposals in previous years, would have severe consequences for retailers, distributors, and adult consumers across Texas. 

For business owners in the vape and tobacco industry, this bill represents a major threat to revenue, consumer choice, and market stability. Understanding its potential impact is critical as the industry prepares to push back against harmful overregulation. 

What S.B. 1182 Means for Your Business 

🚫 A Total Ban on Flavored Products – The bill would prohibit the sale or distribution of any flavored tobacco or vape product, including menthol. No exemptions are included, meaning all flavored nicotine products would disappear from legal shelves. 

🚫 Severe Financial Penalties – Retailers found selling flavored products would face escalating fines ($1,000 for a first violation, $2,000 for a second, and up to $3,000 for subsequent offenses) and risk tobacco permit suspension. 

🚫 A Broad Definition of "Flavored" – Under the bill's "rebuttable presumption" clause, any product marketed with flavor-related terms, imagery, or descriptions (even if the product itself does not contain added flavors) could be deemed flavored and illegal. 

🚫 Effective September 1, 2024 – If passed, the ban would go into effect this fall, giving businesses little time to adjust or liquidate inventory. 

How This Bill Will Hurt Retailers & Distributors 

💨 Drastic Revenue Loss – Flavored products make up most sales in the vape industry. A full-scale ban would force businesses to eliminate key revenue-driving SKUs, leading to sharp declines in profits. 

💨 Increased Black Market Activity – Flavor bans in other states have not eliminated consumer demand—instead cigarette sales have increased.  

💨 More Smokers, Fewer Alternatives – Adult consumers overwhelmingly prefer flavored vape products when switching from traditional cigarettes. Removing these alternatives from the legal market could push former smokers back to combustible tobacco, directly contradicting public health efforts.