Texas Bill May Completely Ban Chinese E-cigarette Exports, Warning Bells Have Already Rung in The US Market
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In May 2025, during the 89th legislative session of Texas, a bill named "S.B. No. 2024" was proposed and quietly passed by the Texas State Legislature of the United States. This local law, which is set to come into effect on September 1, 2025 (the official original source of this bill is the Texas Legislature Online (TLO)), may become one of the most stringent regulations on the e-cigarette industry in recent years, especially targeting products manufactured in China.
As an observer of the Chinese e-cigarette industry, the editor of "Yishao Observation" conducted an in-depth analysis of the content and impact of this bill, and issued an early warning of industry risks.
Key points of the bill's core content The core of this bill lies in restricting and prohibiting the sales, advertising, and market promotion of certain e-cigarette products, and for the first time, classifying violations as criminal offenses. The specific contents include:
1. Prohibition of the following forms of electronic cigarette product sales or packaging design: featuring cartoon characters or imitating children's products; mimicking the appearance of food (candies, juices); using the images of celebrities or brand symbols familiar to minors.
In terms of design: The appearance is modeled after everyday items such as highlighters, mobile phones, headphones, lipsticks, backpacks, toys, etc.
Strictly prohibited: Electronic cigarette products produced in China, regardless of their specific ingredients or forms.
Component restrictions: Prohibited from containing cannabinoids (Cannabinoids), alcohol, kratom, kava, mushrooms and their derivatives.
This law characterizes the above actions as criminal offenses, and those who violate it will face legal prosecution.
Industry Analysis: One Bill, Four Impacts
1. "Origin Prohibition" directly targets products made in China. This is the first law in the United States that prohibits electronic cigarette products based on the "country of origin". Although Texas is just a state, if its legislative trend is emulated by other states, it will pose a systemic risk to China's annual export of billions of dollars worth of electronic cigarette industry.
2. Marketing design "Total Prohibition for Children" from packaging to design, completely eliminates any design elements that may attract teenagers. This is a major challenge for brands that rely on "rich flavors and creative shapes" to market.
3. Component regulation becomes increasingly complex. Functional plant extracts such as clathrate, kava, CBD, and mushrooms are explicitly excluded from legal products, meaning that the path for electronic cigarette enterprises to cross into functional consumption has been blocked.
4. Criminal liability escalates, compliance threshold significantly rises. Previously, only administrative fines were imposed for violations. Now, such violations may potentially reach the level of criminal law, and brand owners, channel distributors, and platforms will all face legal pressure.
How should Chinese brands respond? Short-term suggestions: Immediately review packaging and product design, check if they contain "child-friendly" elements; Confirm with US distributors the risks of shipping from Texas, and suspend supply from that state if necessary; Review whether the exported products contain any illegal components.
Medium and long-term strategies: Diversify market layout to avoid sole reliance on the US market; Establish local compliance teams and set up state-level legal monitoring mechanisms; Promote the brand to extend towards adult consumption and medical alternatives.
Conclusion: "S.B. No. 2024" might just be the prelude to the tightening of regulatory oversight in the US for the e-cigarette industry. For Chinese enterprises, going global is no longer solely about products and costs; it is a comprehensive game of sensitivity to regulations, culture, and the market. The alarm has sounded. Only by actively adapting can one stand firm in the global market.