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Texas SB 2024 — E-Cigarette Product Compliance

Sections cited: §161.0876(a)(1-a) & §161.0876(b)(1)

Definition of "E-Cigarette Product"

“E-cigarette product means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette … regardless of whether the liquid solution or material contains nicotine.” (SB 2024, Sec. 161.0876(a)(1-a))

Key Point: Only the liquid or aerosolized material is regulated. Device hardware is not included in this definition.

Prohibition on Products from China / Foreign Adversary Countries

“A person commits an offense if the person … markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product that is wholly or partially manufactured in, or marketed as being manufactured in, China or another foreign adversary country.” (SB 2024, Sec. 161.0876(b)(1))

  • Liquid manufactured in China → illegal.
  • Device hardware manufactured in China but liquid is not → not covered.

Compliance Position

A package labeled "Made in China" on the device/hardware does not, by itself, create a violation under SB 2024.

For compliance, what matters is the origin of the liquid material contained within the product.

E-liquids sourced from Switzerland, Japan, Germany, or the United States comply with SB 2024, even if the hardware is manufactured in China.

Note on Enforcement

Legislative Intent: Lawmakers may have intended to restrict Chinese-made devices.

Text Controls: The statutory text is narrow and enforceable only as written.

Practical Gray Area: Enforcement agencies may still target hardware marked "Made in China."

Summary

Legally: Compliance depends on the origin of the liquid.

Practically: Retailers should anticipate challenges to Chinese-made hardware, even though the statute does not explicitly prohibit it.

Summary for quick reference only; confirm current statutory text and agency guidance before making compliance decisions.

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