Texas lawmakers are tackling a surge of illegal e-cigarettes, particularly those from China aimed at minors, by considering Senate Bill 1698. The core of this legislation, introduced by State Sen. Tan Parker (R–Flower Mound), involves establishing a regulated state directory. This directory would list only federally compliant vape products, serving as the primary mechanism to block the sale of unlisted, illicit items within the state and combat the influx targeting youth.
Senator Parker highlighted the origin and nature of the problem during the committee hearing. “These are mass-produced in unregulated factories and shipped straight into U.S. retailers, often in direct violation of federal law,” Parker stated. He pointed out the irony that China itself bans these products domestically yet facilitates their export, fueling the illicit vape market in Texas and nationwide. Parker also emphasized the deliberate design tactics used to attract underage users, describing devices resembling video game controllers with interactive screens and lights. “This isn’t accidental. It’s intentional,” he asserted.
Concerns Over Youth Marketing and School Incidents
Lawmakers and witnesses expressed deep concern regarding aggressive marketing strategies aimed at children. State Sen. Angela Paxton (R–McKinney) shared an anecdote about a father whose daughter was drawn to a vape shop simply because “it looked fun.” Holding one of the brightly designed devices, Paxton remarked on its appealing appearance as “a great example of marketing,” adding pointedly, “The problem is, it is marketing to children, and I don’t applaud that.”
The impact on schools was also a key topic. San Antonio City Councilman Marc Whyte testified strongly in favor of SB 1698. He reported over 2,100 vape-related incidents across just two local school districts in 2024, alarmingly including some incidents on elementary school campuses. “Our children are very, very vulnerable to these types of devices,” Whyte urged. “This is a public safety issue of the highest priority.”
Support and Opposition Emerge
Support for the bill came from various quarters, including retailers seeking stability. Paul Hardin, president and CEO of the Texas Food and Fuel Association, described the current market as “almost like the wild, wild west.” He stressed the need for a centralized state system to clarify which vape products are legal for sale. Tobacco giant Altria also endorsed the bill, with representative Steve Callahan calling it a “common-sense solution” to combat illicit Chinese manufacturers smuggling products into the country.
However, the proposed legislation faces opposition from segments of the local vaping industry. Critics argue the bill heavily favors large tobacco corporations while threatening small Texas businesses. Todd Wages, a Texas vape manufacturer currently involved in litigation against the FDA, predicted dire consequences. He claimed the bill would eliminate 5,500 Texas jobs and $311.4 million in wages, asserting that only about 10 FDA-authorized products exist, all owned by “out-of-state big tobacco companies.” Wages stated, “I’m opposed to this bill because it has been driven by out-of-state tobacco companies who have come here to shut down my business.”
Clarifying the Bill’s Intent
Responding to the criticism, Senator Parker maintained that SB 1698 does not introduce new bans but rather enforces existing federal standards at the state level via the proposed directory. “Let me be very clear,” Parker emphasized. “Senate Bill 1698 does not ban any products that are not already illegal to sell. It does not ban vaping. What it does is restore control to the state of Texas.” He concluded by asserting Texas’s prerogative to act independently of federal regulators, stating, “Federal inaction doesn’t mean Texas has to sit on its hands.”
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