Texas Senate Bill Proposes Vape Directory to Allow Only FDA-Compliant Products
Texas lawmakers are considering Senate Bill 1698, which aims to combat the influx of illegal e-cigarette products by establishing a Texas-specific directory of FDA-compliant vape products. The bill, heard Monday in the Senate State Affairs Committee, would ban the sale of any products not listed in the directory.
State Sen. Tan Parker (R–Flower Mound), the bill’s author, highlighted the severity of the issue, stating that unregulated products are mass-produced in Chinese factories and shipped directly to U.S. retailers, often violating federal law.
During the hearing, lawmakers and witnesses expressed concern over the aggressive marketing tactics used to target children. Some of the newest devices are designed to resemble video game controllers, complete with animated screens, flashing lights, and even built-in gameplay. State Sen. Angela Paxton (R–McKinney) emphasized the “fun” appearance of these devices, calling it “a great example of marketing” aimed at minors.
Local officials, such as San Antonio City Councilman Marc Whyte, testified in support of the legislation, citing the alarming number of incidents involving vape devices in schools. In 2024, more than 2,100 such incidents were reported across two local school districts, some even occurring on elementary campuses.
Some retailers and distributors also testified in favor of the bill, stating that it would provide much-needed clarity in a chaotic marketplace. Paul Hardin, president and CEO of the Texas Food and Fuel Association, called for a central system to help wholesalers and retailers identify which products are legal to sell.
However, not all testimony was supportive. Some members of the vaping industry criticized the bill, arguing that it would hand over the market to big corporations and force small businesses to close. Todd Wages, a Texas-based vape manufacturer currently suing the FDA, claimed that the bill’s passage would result in the loss of 5,500 jobs and $311.4 million in wages and benefits in Texas.
Despite the criticism, Parker maintained that the bill would only enforce existing federal standards and not ban any products that are not already illegal to sell. “Federal inaction doesn’t mean Texas has to sit on its hands,” Parker said. “We’ve never waited on the federal government to lead—and we don’t have to now.”
As Texas lawmakers work to find a solution to the problem of illegal vape products targeting children, the outcome of Senate Bill 1698 and its proposed vape directory could have significant consequences for the vaping industry and the well-being of the state’s youth.
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