On January 1, 2024, a new Texas law on vape packaging took effect. The goal of this legislation is to curbing youth vaping by prohibiting the sale of products with packaging adorned with cartoons, fruit, or food and drink imagery. This is not a new concept, as the FDA has long since barred almost everything covered in the Texas law.
Protecting Children From Electronic Cigarette Advertising Act
The Protecting Children From Electronic Cigarette Advertising Act states that a person may not sell or cause to be sold an e-cigarette container that:
- Depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors.
- Imitates or mimics trademarks or the trade dress of products that are or have been primarily marketed to minors.
- Includes a symbol or celebrity image that is primary used to market products to minors.
- Resembles a food product, including candy or juice.
Texas Compliant Disposable Vapes
To help our customers find the best products that are Texas compliant, we have compiled a list of the best vapes with Texas compliant packaging.
- Flonq Vapes
- RabBeats Vapes
- Lost Mary
- EBCreate Vapes
- Fifty Bar
- Spaceman Vapes
- Raz Vapes
- Viho Vapes
- Palax Vapes
- Flum Vapes
- Funky Lands (formerly Funky Republic)
- UT Bar
- Orion Bar 10000
- Yovo Bar
- Prime Bar
Top Five Texas Compliant Vapes
This is quite a list of great products. Unfortunately, a few borderline products of extreme popularity and effectiveness had to be left off. Yet there is still plenty to work with here. There is no better way to outline the quality of these compliant vapes than a good old fashion Texas Showdown.
Flonq Max Smart
The eight most popular Flonq Max Smart are available in three nicotine strengths. This is a sleek and professional looking device, which stands out in a world of pastel vapes.
With an advanced mesh coil, Smart LED screen, and advanced mesh coil the Flonq matches up with the heavy hitters of the industry while offering lower and zero nicotine options.
Flonq Max Smart Specifications
- Nicotine Strength: 0, 20, 50mg
- Puffs: ~10-00
- E-Liquid Capacity: 14ml
- Battery: 650mAh (USB-C Rechargeable)
- Size: 89mm x 44mm x 15mm
- Battery Life Indicator, E-Liquid Indicator
- LCD Screen
- Improved Mesh Coil
We are looking at classy and subdued vapes, and the RabBeats RC10000 fits the bill. From the makers of Lost Mary and EBCreate, this is a more sophisticated Smart Vape that will soon be available in a touch-screen version with three power settings.
In the interim, it remains a sturdy and robust device with a great collection of flavors. It has everything an adult vaper needs and is free from Graffiti art packaging or anything that would run afoul of this Texas law. The anti-burn coil is a hugely useful feature, and the displays are a user-friendly way to monitor e-liquid and battery life.
RabBeats RC10000 Specifications
- Nicotine Strength: 50mg
- Puffs: ~10,000
- E-Liquid Capacity: 18ml
- Battery: 620mAh (USB-C Rechargeable)
- Size: 85mm x 43mm x 22mm
- Battery Life Indicator
- E-Liquid Level Indicator
- Anti-Burn Mesh Coil
Fifty Bar Disposable Vape
If you value Smart LED screens and boosted modes, the Fifty Bar Disposable Vape probably isn't the right pick. If you are looking for an American assembled disposable vape with great American e-liquids with unique flavors, then the Fifty Bar is your only option.
Featuring a great collection of Beard Vape Co. flavors, the Fifty Bar also has an advanced mesh coil with anti-burn technology. Here are the classic Beard Vape Co. flavors reimagined in a great disposable vape.
Fifty Bar Beard Flavors
- Strawberry Cereal Donut Milk (The One Strawberry Donut Milk)
- Blueberry Cereal Donut Milk (The One Blueberry Donut Milk)
- Vanilla Custard (The One Vanilla Custard Donut)
- Cinnamon Funnel Cake (Beard Vape Co. No. 32)
- Tobaccocino (Beard Vape Co. No. 00)
Customers seeking a domestic option will find the Fifty Bar to be a viable option technologically and with superior flavors if one seeks more sophisticated desserts. But it is also available in the standard fruit and menthol flavors that most adult vapers purchase.
Fifty Bar Specifications
- 50mg Nicotine Strength
- 6500+ Puff Count
- 14ml e-Liquid Capacity
- 400mAh Battery
- Mesh Coil
- US Made e-Liquid
- Beard Vape Co. Flavors
- Assembled in US
- Anti-Burn Technology
Ergonomic, reliable and powerful, the Raz TN9000 is one of the hottest devices in vaping. It has mature design aesthetic almost recalling the 1970s but performance at the cutting-edge of the industry.
With the new Dream Edition flavors, few disposables have such a variety of dessert and traditional fruit-menthol flavors. A bold HD display features both charging and vaping graphics.
Multiple performance modes are available thanks to disposable airflow. Texas might be losing some stalwart, and less stalwart, disposable vapes. The Raz TN9000 has compliant packaging and can test cases with the best on the market.
Raz TN9000 Specification
- Nicotine Strength 5%
- 0.96" HD Display
- 12ml E-Liquid Capacity
- ~9000 puffs
- USB-C Charging
- Mesh Coil
- E-Liquid and Battery Life Indicator
- Vape and Charging Animations
- Adjustable Airflow
Spaceman 10K Pro
Engineered by Smok, this fire-breathing disposable vape has adjustable airflow. This allows for a madcap direct-lung mode which pumps out a ton of vapor for a 5 percent nicotine strength device.
The tighter draw modes are likely more practical, and no mistakes were made regarding the inclusion of fruit on the packaging. With a larger battery and low-resistance coil, this is the future of disposable vapes.
Spaceman 10K Pro Airflow Settings
- Direct Lung
- Restricted Direct Lung
- Tight Mouth to Lung
This is a fairly sophisticated and high-performing piece of gear for a one-time use device. With a smart screen display, it is among the most advanced devices on the market and with Smok technology, likely to be among the most reliable.
The name is strange but there is no denying the performance is out of this world, easily matching the myriad boosted disposables on the market.
Spaceman 10K Pro Specifications
- Nicotine Strength: 5%
- 16ml E-Liquid Capacity
- Puffs: ~10,000
- 0.7ohm Mesh Coil
- Battery: 850mAh USB-C Rechargeable
- Mesh Coil
- Adjustable Airflow
- SMART SCREEN E-Liquid/Battery Indicator
- 84mm x 46mm x 26mm
- Designed by Smok
Honorable Mention: EBCREATE BC5000
The device itself is identical to its stablemate the Lost Mary OS5000. But the flavors are different and countless vapers swear by these. Not as big as some of the newer disposables, it still uses the popular USB-C rechargeable template and the mesh coil has been upgraded for even better flavor clarity.
Lost Mary Vapes
There are a pair of very popular Lost Mary vapes with a longer lasting model about to drop in Texas. Wisely choosing a pared down marketing plan, the Lost Mary MO5000 and OS5000 have always sold flavor, satisfaction, reliability and ease of use first.
While the world awaits the next chapter in the Lost Mary saga, the good news remains that these products were never marketed in a way which would offend Texas lawmakers.
Popular beyond belief with a host of amazing flavors that have surpassed even their EBCreate cousins in terms of desirability, the Lost Mary might not have a big LED screen but these designs just work. The work exceedingly well in fact.
Texas Vape Law: Old Wine in a New Bottle
The term kid-friendly is usually applied (falsely) to the characterizing flavors that adult vapers prefer, FDA warning letters have gone out for years and regulations exist that bar the forms of packaging described.
The FDA has been cracking down on products with labeling that resembles food products for over half a decade at this point. Very foolish marketing practices have given the industry a black-eye, and distract regulators and law-makers from the reality that most adult vapers prefer artificial fruit flavors to artificial tobacco flavors in their vapes.
A major issue with the Texas law is that it also that a simple fruit illustration on the packaging to denote flavor is every bit as illegal as making a disposable vape shaped like apple juice box.
It goes without saying that the use of existing trade dress was a terrible idea that was always bound to backfire. The Texas law is totally redundant in that this disreputable practice is already barred and routinely punished whenever the owner of the trademark chooses to defend their intellectual property.
Nicotine products have never been the worst abusers. There is no shortage of cannabis products that not only physically resemble candy and use the trade dress of existing candies, but are in truth actual edible, sugary candy loaded with psychoactive chemicals.
Does Punishment Fit Crime?
Selling products in violation of this law is a Class B Misdemeanor, punishable by up to 6 months in jail and with a fine of up to $2000. Retailers face additional civil penalties of up to $3000 and the potential loss or suspension of their licensing and sales permits. This is not a typo. Selling nicotine products labeled with fruit has been criminalized.
Why is this law being passed now? The so called wave of underage vaping crested in 2019 and has receded a full 60 percent. Youth vaping rates have dropped four straight years.
Yet many states have recently introduced flavor bans, increased age restrictions, and tightened marketing regulations to mitigate the allure of vaping among youth.
However, debates surrounding such regulations often raise questions about their effectiveness and potential unintended consequences. Especially when FDA research has shown that flavor bans increase cigarette sales.
Room for Abuse
There is obviously room for regulatory abuse when deciding what constitutes a fictional character that mimics a character aimed at entertaining minors and the food product restrictions.
We should all agree a Paw Patrol themed vape would be reprehensible. Posing Youtube's child influencer Adley with a Lost Mary would be despicable. But outside of such absurdly extreme examples, who decides when a fictional character primarily markets to children? What about images of Gen X heroes?
Note that our Infographic is littered with vapes that contain images Hulk Hogan, Snoop Dogg, and Mike Tyson. What is the youngest age one could be and have still experienced these cultural touchstones as a child? The author would prefer not to comment but that number definitely does not start with a 3.
The vaping industry has long defended its marketing strategies, citing their compliance with existing regulations and the adult-focused nature of their products, the implementation of this new law signals a pivotal shift in how these products will be presented and sold in Texas. If enforced stringently and to the letter, many products popular with adults could be pushed from the market.