Fort Worth, TX Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Preemption Statute
- Texas HB 1771 (2023)
- FDA Cartridge Flavor Ban
- 2020 except tobacco/menthol
- Menthol Cigarettes
- Legal in Texas and Fort Worth
- Local Authority
- None for flavor regulation
Summary
Texas House Bill 1771 and Health and Safety Code provisions preempt cities from banning the sale of flavored tobacco or e-cigarette products. Fort Worth cannot adopt menthol or flavored vape prohibitions enforced by other states or cities.
Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For purposes of this section, "e-cigarette product" means a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by Section 161.081(1-a), regardless of whether the liquid solution or material contains nicotine. ... (b) A person commits an offense if the person markets, advertises, sells, offers for sale, or causes to be sold an e-cigarette product:(1) in a product container that:(A) depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;(B) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
Full Breakdown
Texas House Bill 1771, signed in 2023, blocks municipalities from regulating the sale, display, or marketing of tobacco and e-cigarette products beyond what state law allows. Cities like San Francisco and states like Massachusetts banned flavored tobacco sales, but Texas law removed that option for Fort Worth and other Texas cities. Federal FDA regulation governs which flavored products may enter the market: the FDA banned cartridge-based flavored e-cigarettes other than tobacco and menthol in 2020 but allows menthol cigarettes and flavored disposable vapes pending further review. Fort Worth therefore cannot prohibit menthol cigarettes, flavored cigars, or fruit-flavored vapes by ordinance. Enforcement falls solely to state and federal agencies.
Violations & Fines
Fort Worth cannot enforce flavor bans because such ordinances are preempted by Texas HB 1771; only the FDA and Texas Comptroller may take action against unlawfully marketed flavored tobacco products in the city.
Frequently Asked Questions
Can Fort Worth ban flavored vape products?
Are flavored disposable vapes legal in Fort Worth?
Sources & Official References
Other rules in Fort Worth
Texas rules heatmap·Compare Fort Worth to another location·View the Texas tobacco & vaping overview
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Flavored Tobacco Bans in Nearby Cities
How other cities in Tarrant County handle flavored tobacco bans.