A new law in Texas, USA, prohibits the sale of vapes containing components manufactured in China, effective September 1. Federal Judge Keith Ellison denied an industry group’s request for a temporary restraining order. The law also bans the sale of devices or packaging that may appeal to minors, as well as products containing cannabinoids, alcohol, and other prohibited ingredients. Violators face up to one year in prison and fines of up to $4,000 per violation.
Key Takeaways:
- Law Takes Effect: Texas’s new law banning sales of vapes containing Chinese components takes effect September 1.
- Judge’s Ruling: Federal Judge Keith Ellison denied the request for a temporary restraining order.
- Market Impact: The law will reshape Texas’s vape market, affecting supply chains, packaging, and marketing.
- Penalties: Violators face up to one year in prison and fines of up to $4,000 per violation.
August 29, 2025 — According to a Nicotine Insider report on August 28, A U.S. federal judge on August 27 declined to block a new Texas law banning the sale of vapes containing Chinese-made components, allowing the measure to take effect as scheduled next week.
U.S. District Judge Keith Ellison of the Southern District of Texas denied the request for a temporary restraining order during an emergency hearing convened with only two days’ notice. “I haven’t had enough time,” Ellison stated in court, adding, “It’s unfair to give counsel such short notice.”
This ruling means Senate Bill 2024, signed by Governor Greg Abbott in June, will soon reshape the state’s vape market. The law prohibits the sale of vapes manufactured wholly or in part in China or other nations deemed foreign adversaries by the United States.
It also bans devices or packaging that may appeal to minors—including designs resembling toys, candy, or school supplies—as well as products containing or marketed as containing cannabinoids, alcohol, or similar substances.
Under the new legislation, the definition of vapes expands to include non-nicotine devices. The bill defines an vape as: “An electronic cigarette or any other device that simulates smoking by delivering nicotine or other substances to an individual inhaling through the device using a mechanical heating element, battery, or electronic circuit; or (ii) a consumable liquid solution or other material that is atomized or vaporized when using an electronic cigarette or other device described in this section, whether or not such liquid solution or material contains nicotine.”
Violations of this law constitute a Class A misdemeanor, punishable by up to one year in county jail and fines of up to $4,000 per offense. The law replaces previous Class B penalties and is expected to prompt vape companies operating in Texas to rapidly alter their supply chains, packaging, and marketing strategies.
Industry groups had argued the measure infringed on federal jurisdiction over commerce and sought a stay of enforcement. Ellison stated he did not have sufficient time to weigh these arguments, leaving the law temporarily in effect.
Unless a higher court intervenes, the law will take effect on September 1.
