Texas lawmakers are advancing legislation to create a catalog of FDA-compliant vaping products in an effort to block illegal vapes from entering the state and to reduce youth attraction. While some retailers support the move, parts of the vape industry warn it could harm small businesses.
Key Points
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Texas lawmakers propose creating a state catalog of compliant vape products to fight illegal sales.
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Supporters say the bill addresses youth-targeted marketing and market confusion.
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Opponents argue the bill could damage small businesses and the local economy.
Lawmakers Target Illegal and Youth-Appealing Vape Products
According to a March 31 report from TexasScorecard, Texas legislators are considering a bill designed to stop large volumes of illegal, youth-appealing vape products from reaching local retailers. Many illegal products are reportedly designed to attract children through features like bright lights, game-like interfaces, and toy-inspired designs.
Senate Bill 1698 Establishes a Texas-Specific Compliance Catalog
Senate Bill 1698, reviewed by the Senate Committee on State Affairs, would establish a Texas-only catalog of FDA-authorized vape products. Any product not listed in the catalog would be prohibited from sale within the state.
Senator Tan Parker, the bill’s author, emphasized that many products flooding the market are mass-produced in unregulated overseas factories and shipped to U.S. retailers in violation of federal law.
Lawmakers Highlight Aggressive Youth Marketing Tactics
During the hearing, lawmakers expressed strong concerns about devices intentionally designed to appeal to minors. Senator Angela Paxton referenced testimony from a father whose daughter was drawn to a vape shop simply because it looked “fun.” Holding an example device with animated screens and built-in games, Paxton criticized the deliberate use of youth-oriented marketing strategies.
Local Officials Cite Rising Incidents in Schools
San Antonio City Councilman Marc Whyte voiced support for the bill, noting more than 2,100 vaping-related incidents reported in two local school districts in 2024—including cases involving elementary school students. He stressed that youth vaping has become a significant public safety concern.
Vape Industry Raises Concerns Over Economic Impact
Although some retailers and distributors support the bill for helping to organize the marketplace, others in the vape industry strongly oppose it. Critics argue the policy would benefit large tobacco companies while eliminating small independent vape businesses.
Texas vape manufacturer Todd Wages testified that the bill could effectively shut down his operations. He warned that approximately 5,500 jobs could be lost statewide, along with an estimated $311.4 million in wages and benefits.
Support from Major Tobacco Companies
Altria voiced support for the proposal, with company representative Steve Callahan calling the legislation a “common-sense solution.” Large tobacco firms say the bill will help enforce compliance and eliminate illegal competitors.
Senator Parker Defends the Bill as Enforcement of Existing Law
Senator Tan Parker dismissed concerns from opponents, stressing that the bill simply enforces existing federal standards rather than introducing new restrictions. He clarified that the measure does not ban legally sold vape products nor vaping itself, but ensures Texas is not passive in response to federal inaction.
He noted that Texas “has never waited for the federal government to lead the way,” and should not start now.
