Texas Vape Ban Scaled Back: Final Bill Targets Chinese Prefilled Disposables, Spares Refillable Devices

The Texas Legislature reversed course on a sweeping vape ban that would have outlawed nearly every mainstream vaping product in the U.S. Instead, lawmakers settled on a narrower—but still consequential—compromise: a targeted ban on Chinese-made prefilled disposable vapes, while leaving refillable devices and open systems largely untouched. 

A Blow to the Original Senate Bill 

The shift followed an intense backlash from consumers, small vape businesses, public health advocates, and libertarian-leaning lawmakers, who rallied against Senate Bill 2024 in its original form. Passed by the Texas Senate on April 23, the bill sought to prohibit any product “manufactured in China,” a move widely seen as an anti-competitive effort backed by tobacco giant Altria Group. 

Altria, which owns NJOY, supported the bill because its vaping products are assembled in other Asian countries—often with Chinese components—but not technically manufactured in China. Critics pointed out the self-serving nature of the bill, which would have eliminated Altria’s competition while sparing its own line of products. 

House Version Went Even Further 

However, the Texas House went a step further with its own version of SB 2024, passed on May 28, adding language that would have banned any vaping product that is “wholly or partly manufactured in China,” or that contains any single component made in China. This sweeping clause would have effectively outlawed nearly every vape on the market—from open-system mods and tanks to pod systems and cannabis vape carts—most of which rely on Chinese-made parts such as coils, wires, batteries, plastic housings, and mouthpieces. 

That overreach triggered a flurry of concern and pushed the legislation into a conference committee, where lawmakers from both chambers met to hash out a final compromise. 

The Compromise: Targeting Prefilled Chinese Disposables 

The result? A more targeted and industry-acceptable version of SB 2024. 

The final bill only bans Chinese-made products that are filled with e-liquid or other consumables before being imported into Texas. This distinction draws a clear line between prefilled disposable vapes—which are commonly produced entirely in China—and open-system or refillable products, which may use Chinese parts but are filled domestically. 

If signed by Governor Greg Abbott, the new law will: 

• Ban Chinese-made prefilled disposable vapes, similar to Tennessee’s recently passed PMTA Registry law 
• Permit devices manufactured in China as long as the e-liquid is filled in the U.S. 
• Allow the continued sale of FDA-authorized vape products, including those made overseas and filled domestically (like JUUL and other U.S.-based manufacturers) 

Other Restrictions in the Final Bill 

The bill also includes strict packaging and content limitations: 

• Bans vapes with child-appealing or food-like imagery 
• Outlaws devices shaped like everyday products (phones, highlighters, toys, etc.) 
• Prohibits products that contain cannabinoids, kratom, or other banned substances 

A Win for Consumers and Independent Retailers 

The final version of SB 2024 is a significant improvement over what could have been a crippling blow to the Texas vape market. It protects adult access to safer nicotine alternatives, spares small vape shops, and maintains consumer choice, while targeting a limited subset of products that have drawn attention from regulators. 

Industry advocates see this as proof that consumer voices and industry resistance can shape better policy, especially when proposed legislation threatens to overstep its intended scope. 

What's Next? 

The bill now heads to Governor Abbott's desk, where he can sign it into law or issue a veto. With the compromise language in place, supporters are hopeful that the legislation will move forward without the catastrophic consequences originally feared. 

As other states continue to push similar bills, Texas’ approach may become a model for threading the needle between youth prevention goals and adult consumer access.