Texas House Bill HB3772

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to the sale of certain e-cigarettes in this state and a directory of e-cigarette manufacturers and their products; authorizing fees; authorizing administrative and civil penalties; creating a criminal offense.

Impact

This bill is designed to enhance public health measures by controlling the availability of e-cigarettes, particularly those containing nicotine. It establishes compliance requirements for manufacturers, including the submission of certification forms and payment of a $2,500 fee per product. The comptroller will maintain an updated directory, which is intended to simplify oversight and enforcement of the sale of e-cigarettes, potentially leading to a decrease in unregulated products entering the state market. The intended outcome is to protect consumers and reduce health risks associated with vaping products.

Summary

House Bill 3772 aims to regulate the sale of certain e-cigarettes within the state of Texas by establishing a directory of e-cigarette manufacturers and their products. The bill mandates that e-cigarette manufacturers must submit annual certifications verifying compliance with both state regulations and federal standards as set by the United States Food and Drug Administration (FDA). The legislation clearly states that only products included in this directory may be sold at retail, impacting the current marketplace significantly by restricting sales to approved items only.

Contention

Notable points of contention surrounding HB 3772 include concerns about economic implications for e-cigarette retailers and manufacturers who may face penalties for non-compliance. The bill introduces strict administrative and civil penalties, leading to potential financial repercussions for violations of certification processes. Additionally, a criminal offense is established for manufacturers that falsely represent information on their certification forms, classifying such acts as Class B misdemeanors. This strong regulatory stance could encounter significant pushback from industry stakeholders who argue that such stringent regulations may hinder market availability and innovation.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section