New Vape Restrictions Hit Texas Sept. 1

Texas lawmakers have been busy, and if you sell or market e-cigarettes here, your September is about to look very different. Senate Bill 2024, which amends Section 161.0876 of the Texas Health and Safety Code, has passed. Starting September 1, 2025, it will redefine what’s legal to put on your shelves, in your ads, and in your warehouse.

Let’s break it down without drowning in legalese, while keeping the important stuff intact so you can actually use it.

Packaging Isn’t Just Packaging Anymore

You know those brightly colored vape juice bottles with cartoon mascots? Or the sleek little containers that look like juice boxes or candy wrappers? Those are now officially trouble.

The new law bans any e-cigarette product packaging that:

• Shows cartoon characters (think “entertainment for minors”)
• Copies well-known candy, snack, or drink branding
• Displays celebrity names or images
• Looks like food, candy, or juice
• Uses symbols typically aimed at kids

If you’re thinking, “We don’t sell to minors, so we’re fine,” be careful. The law doesn’t care about your intent. It’s about the design itself.

Disguised Devices Are Out

Those vape pens that double as a highlighter or look like a USB stick? Gone. Same with e-cigs shaped like phones, earbuds, lipstick tubes, toys, backpacks, or cosmetics.

The reasoning is simple: the state doesn’t want products that could pass as something in a teenager’s backpack. Whether you agree with it or not, this is now the compliance reality.

Where It’s Made Now Matters

Here’s one that will trip up more than a few suppliers: manufacturing origin. If an e-cigarette product is wholly or partially made in China, marketed as being from China, or from a country on the U.S. Secretary of Commerce’s “foreign adversaries” list, it’s banned.

That means supply chain transparency is no longer a nice-to-have. You’ll need to know exactly where your products and components come from.

Certain Ingredients Just Got the Axe

Some of these were already a legal gray area, but now they’re firmly on the “no” list fore-cigarette products.

And yes, that includes products marketed as containing them, even if they technically don’t.

• Cannabinoids (including hemp-derived variants)
• Alcohol
• Kratom
• Kava
• Mushrooms
• Tianeptine
• Any derivatives of the above

Not Everything Is Covered, But Don’t Get Complacent

There are narrow exemptions. Prescription medications and prescribed substances unrelated to smoking cessation aren’t affected by this law. But before you breathe too easy, remember: if your product still meets the state’s definition of an “e-cigarette product,” it’s in scope.

The Stakes Just Went Up

Violations used to be a Class B misdemeanor. Now they’re a Class A misdemeanor. That’s the top of the misdemeanor ladder, with higher fines, possible jail time, and a record you don’t want.

What You Should Be Doing Now

• Audit your inventory: If it’s questionable, assume it’s out.
• Review your packaging: Compare against the prohibited design list.
• Check your suppliers: Verify origin and components.
• Update your training: Make sure your staff knows what’s changing.
• Plan your phase-out: September isn’t far. 

Why We’re Talking About This Now

This law has a severability clause, which means even if one part gets challenged in court, the rest of it will still stand. Translation: don’t bank on a legal loophole to save you.

And here’s the kicker. These rules don’t just affect nicotine-based products. If it meets the definition of “e-cigarette product” under Texas law, it’s in play.

Ready to Protect Your Business?

Click the “Start Your Protection Plan” button at the top right of this page, fill out the quick form, and let’s figure out the best way Hemp Law Group can help you stay compliant.