Relating to a prohibition on marketing, advertising, offering for sale, or selling certain e-cigarette products; increasing a criminal penalty; creating a criminal offense.

Texas e-cigarette sellers face broader bans

Beginning September 1, 2025, Texas bans marketing, advertising, offering, selling, or causing the sale of specified e-cigarette products. The law broadens the e-cigarette definition to cover devices that deliver nicotine or other substances and liquids or materials they vaporize, with or without nicotine; it excludes prescription medical devices, prescription medicines, and other prescribed substances unrelated to quitting smoking. Banned packaging includes cartoon-like characters that mimic children's entertainment, branding that copies products mainly marketed to minors, symbols mainly used to market to minors, celebrity images, or food-like images such as candy or juice. The ban also covers products disguised as school or office supplies, phones, smart watches or their cases, headphones, earbuds, clothing, backpacks, cosmetics, or toys. Products are also banned if wholly or partly made—or marketed as made—in China or another country designated a foreign adversary by the U.S. Secretary of Commerce. It also bans products containing, mixed with, or marketed as containing or mixed with cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or their derivatives. Violations are Class A misdemeanors, increased from Class B; offenses before September 1, 2025, remain subject to prior law.