Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?



How does the state define an e-cigarette?

E-cigarette means “(i) an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or (ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described [above, including a product sold as] an e-cigarette, e-cigar, or e-pipe or under another product name or description [and including any] component, part, or accessory for the device [whether or not] sold separately. . . .”
Tex. Health & Safety Code Ann. § 161.081(1-a) (2023)

Vapor products means “electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.”
37 Tex. Admin. Code § 151.25(a)(8) (2023)

E-cigarette product includes “any substance containing nicotine from any source that is intended for use in an e-cigarette.”
Tex, Health & Safety Code Ann. § 161.0876 (2023) (Effective January 1, 2024)


Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?



What regulations are in place for e-cigarette packaging?

Liquid nicotine sold as an accessory for an e-cigarette must be sold in a child-resistant container unless prefilled and sealed by the manufacturer and not intended to be opened by a consumer.
Tex. Health & Safety Code Ann. § 161.0875 (2023)


What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes and distribution/redemption of coupons for e-cigarettes to persons under age 21 is prohibited (unless purchaser is at least 18 and has U.S. or state military ID card).
Tex. Health & Safety Code Ann. §§ 161.082; 161.087 (2023)

Purchase/possession/use of e-cigarettes by persons under age 21 years prohibited unless at least 18 with a U.S. or state military ID card.
Tex. Health & Safety Code Ann. § 161.252 (2023)

Self-service/vending sales of e-cigarettes restricted to locations inaccessible to persons under age 21.
Tex. Health & Safety Code Ann. § 161.086 (2023)

Retailers of e-cigarette delivery sales must register with the state, verify, at time of purchase and at delivery, that the purchaser is over 21 years of age, include a notice about the prohibition on selling e-cigarettes to minors, and file certain information about the purchaser with the comptroller.
Tex. Health & Safety Code Ann. § 161.452(c) (2023)

E-cigarette products may not be marketed or advertised using cartoon-like characters aimed at entertaining minors, imitating products, or including symbols primarily marketed to minors, or using celebrity images or images resembling food products.
Tex. Health & Safety Code Ann. § 161.0876 (2023) (Effective January 1, 2024)


Is a retail license or permit required to sell e-cigarettes?

Tex. Health & Safety Code Ann. §§ 147.0051(a), 161.456 (2023) (delivery sales registration)


What smoke-free restrictions exist for e-cigarette use?

Use of e-cigarettes restricted to designated areas in schools, elevators, enclosed theaters, libraries, museums, hospitals, certain buses, planes and trains.
Tex. Penal Code Ann. § 48.01(a-1), (d) (2023)

School trustees must prohibit e-cigarette use and student possession of e-cigarettes at “a school-related or school-sanctioned activity on or off school property.”
Tex. Educ. Code Ann. § 38.006(b) (2023)

Use of e-cigarettes or vapor products is prohibited at school, and before/after-school programs, including the premises, playground, transportation vehicles, and during field trips.
40 Tex. Admin. Code § 744.2603(d) (2023)

Use of vapor products is prohibited inside Department of Criminal Justice facilities, but permitted in designated outdoor areas.
37 Tex. Admin. Code § 151.25(d) (2023)

Use of e-cigarettes prohibited at childcare homes and centers, including playgrounds, vehicles, and during off-site field trips.
40 Tex. Admin. Code §§ 746.3703(d)747.3503(d) (2023)

E-cigarette use in residential child care facilities and in vehicles transporting children prohibited.
40 Tex. Admin. Code § 748.1661 (2023)

Use of electronic cigarettes prohibited in licensed pediatric extended care transportation vehicles.
26 Tex. Admin. Code § 550.1102(d)(3) (2023)

In foster homes, adults must use e-cigarettes outside, and may not use e-cigarettes when transporting children by car.
26 Tex. Admin. Code. § 749.2931 (2023)


Texas e-cigarette regulations as of December 15, 2023.

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