Texas Legislators Consider Legislation to Regulate e-cigarette Products and Market

Key highlights:

• Legislators in Texas are proposing a law to establish a compliant e-cigarette product directory to combat the illegal market.
• Supporters of the bill are concerned about the policies that attract minors and the current state of confusion in the market.
• The bill is facing opposition from some small businesses and industry professionals who argue that it may harm the local economy.

According to Texas Scorecard, on March 31, lawmakers in the state of Texas are considering legislation aimed at preventing a large number of illegal e-cigarette products from entering the state, many of which are designed specifically to appeal to children.

On Monday, the Senate State Affairs Committee heard testimony on Senate Bill 1698, which would establish a Texas-specific directory of e-cigarette products that meet FDA standards and prohibit the sale of any products not listed in the directory.

The bill's author, Texas State Senator Tan Parker, stated that these products are often mass-produced in unregulated factories and shipped directly to U.S. retailers, frequently in violation of federal law.

Parker told the committee that some devices are purposely designed to appeal to minors. He pointed out that some new devices are designed to look like video game controllers, with animated screens, blinking lights, and even built-in game functions, which is not accidental but intentional.

During the hearing, lawmakers and witnesses expressed concerns about aggressive marketing strategies targeting children. Texas State Senator Angela Paxton mentioned a father's testimony that his daughter wanted to enter an e-cigarette store because it looked fun. Paxton held up a device distributed by Paxton, calling the "fun" appearance a prime example of marketing and noting that this type of marketing should not be praised.

San Antonio City Councilman Marc Whyte voiced his support for the bill during the hearing, citing over 2100 incidents involving e-cigarette devices reported in two school districts in 2024, with some even occurring in elementary schools. He emphasized the critical public safety issue this poses for minors.

While some retailers and distributors support the bill, believing it will help clarify the chaotic market, not all stakeholders are in favor. Some individuals in the e-cigarette industry criticize the legislation, stating that it will hand over the market to large companies and potentially lead to the closure of small businesses.

Texas-based e-cigarette manufacturer Todd Wages opposes the bill, believing it is being pushed by out-of-state tobacco companies with the aim of shutting down his business. He also warns that if the bill is passed, Texas could lose 5,500 jobs, resulting in a total loss of $3.114 billion in wages and benefits for these workers.

Altria expressed its support for the bill. The company's representative, Steve Callahan, emphasized that the bill is a sensible solution.

In the end, Tan Park rejected criticism and reiterated that the bill is simply to enforce existing federal standards. He stated that the bill does not prohibit any products that are already legally sold, nor does it ban e-cigarettes, but rather gives control back to Texas. He emphasized that the federal government's inaction does not mean Texas should stand by, as Texas has never waited for the federal government to take action and now is no different.