Texas House Bill 1771 (2023), codified at Health and Safety Code section 161.0876, preempts cities and counties from restricting flavored tobacco, menthol cigarettes, or vape flavors. Harris County cannot ban flavored e-cigarettes or menthol products. Federal FDA rules still govern unauthorized flavored e-cigarettes.
Texas HB 1771 (2023) added Health and Safety Code 161.0876, expressly preempting local governments from regulating, restricting, or banning the sale, distribution, or marketing of tobacco products, e-cigarettes, or vapor products based on flavor characteristics. Harris County and its constituent cities cannot adopt menthol bans or flavored vape restrictions. Federal FDA enforcement still removes unauthorized flavored e-cigarette cartridges from the market under the Tobacco Control Act premarket review process; many fruit and dessert disposable vapes remain illegal under federal law even though state law allows their sale. The Texas Attorney General can sue noncompliant local governments. HCPH focuses on age compliance and licensing, not flavor enforcement.
Flavor regulation by Harris County is preempted, so the county cannot fine retailers for flavor sales. Federal FDA seizures of unauthorized flavored e-cigarette products carry civil penalties up to nineteen thousand dollars per violation under federal Tobacco Control Act enforcement.
Harris County, TX
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Harris County, TX
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Harris County, TX
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See how Harris County's flavored tobacco bans rules stack up against other locations.
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