Texas SB 2024: Which Vapes the Law Bars From Sale
Since September 1, 2025, Texas has made it a Class A misdemeanor to sell e-cigarette products made wholly or partly in China or another designated foreign-adversary country, along with several other product types.
Key points
- Texas SB 2024 took effect on September 1, 2025.
- It covers e-cigarette products wholly or partially made in China or in a country designated a foreign adversary under 15 C.F.R. 791.4.
- Products containing cannabinoids, alcohol, kratom, kava, mushrooms or tianeptine are also covered.
- The offence is a Class A misdemeanor.
- A federal challenge is pending; a judge refused a temporary restraining order in August 2025 and the comptroller has appealed on immunity grounds.
On this page
Selling an e-cigarette product made wholly or partly in China has been a criminal offence in Texas since September 1, 2025. Senate Bill 2024 also covers products from any country the U.S. Secretary of Commerce designates as a foreign adversary, and it raised the offence to a Class A misdemeanor, according to the Texas Legislature’s bill analysis.
Four kinds of product fall under the law
| Category | What the bill analysis describes |
|---|---|
| Country of manufacture | Products wholly or partially manufactured in, or marketed as manufactured in, China or a country designated under 15 C.F.R. Section 791.4 |
| Added substances | Products containing, mixed with or marketed as containing cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine or their derivatives |
| Disguised designs | Products shaped to look like something else, such as school or office supplies, phones, smartwatches, headphones, clothing, backpacks, cosmetics or toys |
| Packaging | Products in containers that meet certain criteria, including use of a celebrity’s name |
Marketing and selling are both offences
The law makes it an offence to market, advertise, sell, offer for sale or cause to be sold a covered product. The bill analysis describes the penalty as a Class A misdemeanor rather than the Class B level that applied before.
A federal challenge is still pending
Vape sellers and the Vapor Technology Association have challenged the law in federal court. Judge Keith Ellison of the U.S. District Court for the Southern District of Texas refused a temporary restraining order in August 2025, and the law took effect as scheduled. In December 2025 he let the case go ahead against the acting Texas comptroller, the official who enforces the ban. In May 2026 the comptroller asked the U.S. Court of Appeals for the Fifth Circuit to dismiss the suit, arguing that sovereign immunity bars it.
Origin is now part of every purchase decision
Because the test includes products only partly made in China, a device assembled elsewhere with Chinese-made components may still be covered. For Texas retailers and distributors, supplier documentation on where a product and its parts were made has become a compliance record, not just a purchasing detail.
The law applies prospectively and includes a severability clause. Businesses with specific products in question should check the enrolled bill text, follow the appeal, or take legal advice.
Sources
18+ only. This site is for adult readers and provides news and information only. It is not medical, legal or purchase advice. Nicotine is addictive. Always check the official text of any regulation in your market. Health Information
