A federal judge on Wednesday declined to block a new Texas law that bans the sale of e-cigarettes containing ingredients manufactured in China, allowing the measure to take effect next week as planned.
U.S. District Judge Keith Ellison of the Southern District of Texas denied a request for a temporary restraining order during an emergency hearing called with only two days’ notice. “I haven’t had any time,” Ellison said from the bench, adding, “It’s unfair to give attorneys such little notice.”
The ruling means Senate Bill 2024, signed into law by Gov. Greg Abbott in June, will soon reshape the state’s vaping market. The law prohibits the sale of e-cigarettes with consumable substances wholly or partly manufactured in China or other countries designated as U.S. foreign adversaries.
It also outlaws devices or packaging that could appeal to minors — including designs resembling toys, candy or school supplies — and bans products containing or marketed as containing cannabinoids, alcohol, kratom, kava, mushrooms or tianeptine.
Under the new bill, the definition of e-cigarettes was expanded to include non-nicotine vapes. The bill defines e-cigarettes as: “an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or (ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision, regardless of whether the liquid solution or material contains nicotine.”
Violations will be treated as Class A misdemeanors, punishable by up to one year in county jail and fines of as much as $4,000 per offense. The law replaces a prior Class B penalty and is expected to trigger rapid changes in supply chains, packaging and marketing for vape companies operating in Texas.
Industry groups had argued the measure infringes on federal authority over commerce and sought a temporary halt. Ellison said he had not had sufficient time to weigh those arguments, leaving the law in place for now.
Unless higher courts intervene, the statute is scheduled to take effect Sept. 1.





