CRAFT STAKEHOLDER ALERT: Vape Ban Update – Court Denies TRO, SB 2024 Takes Effect September 1

This letter is an Independent Compliance Advisory Service and is not affiliated with any government agency. It is provided for informational purposes only. There is much more to this ban.

The United States District Court for the Southern District of Texas has denied the Vapor Technology Association’s (VTA) request for a temporary restraining order (TRO) that would have paused the enforcement of Senate Bill 2024. This decision means the law will take full effect on September 1, 2025, with no delay or carve-out for existing inventory.

What the Lawsuit Covered

The case, VTA et al. v. Hancock, Shurod, Abbott, and Paxton, challenged only the provisions targeting nicotine vapor products—not hemp- or THC-derived devices. Plaintiffs argued that banning products made in part with Chinese components violates the U.S. Constitution’s Foreign Commerce Clause. Nearly all ENDS (electronic nicotine delivery system) products sold in Texas contain such components, leaving businesses unable to prove compliance.

Despite strong constitutional arguments, the court denied emergency relief, leaving retailers with only two options: immediate compliance or significant legal risk.

What SB 2024 Bans (Effective Sept. 1)

• Vape products with e-liquid partly or fully made in China or other federally designated “foreign adversary” countries.

• Products containing cannabinoids, kratom, alcohol, mushrooms, or kava.

• Devices that look like toys, school supplies, cosmetics, or use celebrity/cartoon branding.

Violations are a Class A misdemeanor, punishable by up to 1 year in jail and $4,000 in fines per offense.

Industry Risk Factors

• Most ENDS products involve foreign components, making compliance nearly impossible.

• The state has provided no reliable guidance in the 70-day window before the law’s effective date.

• Statements by a Deputy AG about “delayed enforcement” are not binding on local prosecutors. Recent selective raids in North Texas show enforcement may begin immediately.

Next Steps for Stakeholders

CRAFT strongly urges members to:

1. Conduct an inventory review – identify and remove affected products.

2. Pause procurement of any items with components from China or other adversary countries.

3. Document compliance actions to prepare for spot checks or enforcement.

4. Stay vigilant – enforcement may vary county by county.

Hemp/THC Vapes

This TRO ruling does not apply to hemp- or THC-derived vapes. A separate lawsuit challenging those provisions is expected imminently, with distinct arguments involving federal preemption and regulatory overreach. We will update you as soon as that case is filed.

CRAFT has already developed SOPs and compliance protocols for inventory management and will continue updating members as new legal developments occur. Detailed guidance, documentation templates, and defense strategies will be published at joincraft.org.

For direct assistance, contact: Maguire@joincraft.org

Bottom Line: 

The nicotine provisions of SB 2024 will be enforced beginning September 1. Hemp/THC litigation is forthcoming. The next few weeks will require sharp focus, rapid compliance, and industry unity. CRAFT will continue fighting for fair, science-based regulation and provide tools to protect your businesses.

Disclaimer: 

CRAFT Strategies, LLC provides educational and informational resources only. We do not provide legal, tax, or financial advice. Businesses are responsible for their own compliance decisions.

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