San Antonio cannot ban flavored tobacco or flavored vape products. Texas House Bill 1771, signed in 2023, preempts cities and counties from regulating the sale, distribution, marketing, or flavoring of cigarettes, e-cigarettes, and tobacco products beyond state law.
Texas House Bill 1771 took effect September 1, 2023, adding express preemption language to Texas Health & Safety Code chapter 161. The statute prohibits any municipality, including home-rule cities like San Antonio, from adopting or enforcing ordinances that regulate the sale, distribution, advertisement, marketing, possession, or flavoring of cigarettes, e-cigarettes, tobacco products, or alternative nicotine products. Cities retain authority only over public smoking locations and zoning. Flavored menthol cigarettes, fruit and dessert vape liquids, and flavored cigars remain legal to sell in San Antonio to adults 21 and older through state-permitted retailers. Any local flavor ban proposals at City Council are unenforceable post-HB 1771.
Because Texas preempts local flavor regulation, San Antonio cannot cite retailers for selling flavored vapes or tobacco. Any city ordinance attempting a flavor ban would be unenforceable and subject to legal challenge under HB 1771.
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See how San Antonio's flavored tobacco bans rules stack up against other locations.
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