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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1265 By: Hays
AS INTRODUCED
An Act relating to vapor products; declaring
legislative purpose; providing definitions; providing
for manufacturing, labeling, marketing, and safety
requirements; providing for penalties and suspension;
authorizing Attorney General enforcement; creating
the Vapor Products Compliance Fund; repealing 63 O.S.
2021, Section 1-229.35, which relates to vapor
product manufacturer attestation, notice of material
change, directory of manufacturers, vapor products,
and unlawful acts; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.50 of Title 63, unless
there is created a duplication in numbering, reads as follows:
The purpose of this act is to protect public health and safety
by:
1. Ensuring the safety and security of e-liquid and vapor
products manufactured for sale in this state;
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2. Ensuring that e-liquid and vapor products manufactured or
sold in this state conforms to appropriate standards related to
labeling, marketing, and appearance;
3. Ensuring that e-liquid and vapor products are not
contaminated by the inclusion of ingredients or other substances
that might pose unreasonable threats to public health and safety;
and
4. Ensuring that e-liquid and vapor products manufactured or
sold in this state are not targeted to appeal to minors.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.51 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. "Advertise" means the publication or dissemination of an
advertisement;
2. "Advertisement" includes any written or verbal statement,
illustration, or depiction which is calculated to induce sales of
vapor products, including any written, printed, graphic, or other
material, billboard, sign, or other outdoor display, public transit
card, other periodical literature, publication, or in a radio or
television broadcast, or in any other media; except that such term
shall not include:
a. any label affixed to any e-liquid or vapor product, or
any individual covering, carton, or other wrapper of
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such bottle that constitutes a part of the labeling
under provisions of this act,
b. any editorial or other reading material in any
periodical or publication or newspaper for the
publication of which no money or valuable
consideration is paid or promised, directly, or
indirectly, by any licensee, and which is not written
by or at the direction of the licensee;
3. "Commission" means the Oklahoma Alcoholic Beverage Laws
Enforcement (ABLE) Commission;
4. "Distributor" means a person who has a permit that:
a. distributes, sells, barters, or exchanges e-liquid or
vapor products in this state for the purpose of
resale, or
b. purchases e-liquid or vapor products directly from a
manufacturer or distributor for the purpose of resale
in this state;
5. "E-liquid" means a solution that:
a. contains propylene glycol, vegetable glycerin,
nicotine, nicotine salts and flavorings, and
b. is intended to be used in a vapor product; and
E-liquid does not include cannabis, THC, CBD, or hemp as defined
under the laws of this state;
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6. "Health-related statement" means any statement related to
health and includes statements of a curative or therapeutic nature
that, expressly or by implication, suggest a relationship between
the consumption of e-liquids or vapor products and health benefits,
or effects on health;
7. "Manufacturer" means a person located inside of this state,
including any repacker or relabeler, that is engaged in
manufacturing e-liquids or vapor products;
8. "Manufacturing" means the process by which an e-liquid or
vapor product is fabricated, assembled, packaged or labeled, and is
sealed in final packaging intended for consumer use;
9. "Market" or "marketing" means any act or process of
promoting or selling of vapor products, including, but not limited
to, sponsorship of sporting events, point-of-sale advertising, and
promotion of products specifically designed to appeal to certain
demographics;
10 "Minor" means an individual who is less than twenty-one (21)
years of age;
11. "Packaging" means any receptacle that contains a finished
e-liquid or a vapor product;
12. "Retailer" means a person, other than a manufacturer or
distributor, who in the ordinary course of the person's regular
trade or business:
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a. acquires any form of e-liquid or vapor products for
the purpose of resale to an end consumer, and
b. sells an e-liquid or a vapor product to another person
for money or other consideration;
13. "Sale" or "Sell" means to exchange or otherwise furnish any
e-liquid or vapor product to any individual of legal age for
monetary value;
14. "Social Media or Social Media Platform" means an online
forum or application that satisfies each of the following criteria:
a. allows users to upload content or view the content or
activity of other users,
b. employs algorithms that analyze user data or
information on users to select content for users, and
c. has any of the following features:
(1) infinite scrolling,
(2) push notifications or alerts sent by the online
forum, website, or application to inform the user
about specific activities or events related to
the user's account,
(3) displays personal interactive metrics that
indicate the number of times other uses have
clicked a button to indicate their reaction to
content or have share or reposted the content,
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(4) auto-play video or video that begins to play
without the user first clicking on the video or
play button for that video, or
(5) live-streaming function that allows a user or
advertiser to broadcast live video content in
real-time;
15. "Tamper evident package" means a package having at least
one (1) indicator or barrier to entry that, if breached or missing,
can reasonably be expected to provide visible evidence to consumers
that tampering has occurred; and
16. "Vapor Product" means an electronic device that converts e-
liquid to a vapor intended for inhalation that may or may not
contain e-liquid.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.52 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Manufacturers, distributors, and retailers shall comply with
the following requirements:
1. An e-liquid bottle must use a child proof cap that has the
child resistant effectiveness set forth in the federal poison
prevention packaging standards, 16 CFR 1700.15(b)(1);
2. An e-liquid bottle or a vapor product that contains e-liquid
must use a tamper evident package. The tamper evident package
feature must be designed to remain intact when handled in a
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reasonable manner during the manufacture, distribution, and retail
display of the e-liquid bottle;
3. The label on an e-liquid bottle must meet the nicotine
addictiveness warning statement requirements set forth in 21 CFR
1143.3; and
4. The package containing the e-liquid bottle or vapor product
must contain the name of the manufacturer or distributor along with
the address of the manufacturer or distributor firmly affixed to or
printed on the package for tracking purposes. A scannable bar code
or QR code located on the package may meet this requirement.
B. A manufacturer, distributor, or retailer of e-liquids or
vapor products shall not sell or offer for sale any e-liquid or
vapor product that:
1. Uses, in the labeling of the product, or its packaging, or
in its marketing materials:
a. the terms "candy", "candies", or variants in spelling
such as "kandy" or "kandeez", (with the exception of
use in the name of a licensee, including the
licensee's doing business as name),
b. the terms "bubble gum", "cotton candy", "gummy bear",
"gummy worm", "lollipop", or other variants of these
words (with the exception of use in the name of a
licensee, including the licensee's doing business as
name), and
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c. any other terms or phrases which the Commission has,
by regulation, determined has a disproportionate
appeal to minors, provided that such regulation shall
not apply to terms relating to the name of a type of
fruit, such as the term "apple"; the term "mint" or
terms that relate to a type of mint, such as the term
"spearmint"; the terms "menthol" or "ice"; or a term
containing the word "tobacco," such as the term "sweet
tobacco."
2. Uses, in the labeling or design of the product, or its
packaging, or in its marketing materials, images of or references to
cartoons, cartoon characters, superheroes, television shows, video
games, and movies, or other similar characters or references, that
have been primarily used to market products to minors;
3. Uses, in the labeling or design of the product, or its
packaging, or in its marketing materials, trade dress, trademarks,
or other related imagery that imitate or replicate trade dress,
trademarks, or other imagery of food brands or products that have
been primarily marketed to minors such as brands of breakfast
cereals, cookies, juice drinks, soft drinks, ice creams, and frozen
pops; and
4. Uses, in the labeling or design of the product, or its
packaging, or in its marketing materials, trade dress, trademarks,
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or other related imagery that imitate or replicate trade dress,
trademarks, or other imagery of school supplies.
C. A manufacturer, distributor or retailer of e-liquids or
vapor products shall not advertise or market any vapor product
except in the following manner:
1. Advertisements may not be materially false or untrue and any
statement contained therein must be consistent with the e-liquid's
or vapor product's labeling;
2. Advertisements may not contain any health or therapeutic
claims;
3. Advertisements on billboard signs must not be within one
thousand (1,000) feet of a primary or secondary school, playground,
or youth center; and
4. Advertisements for e-liquids or vapor products shall be
prohibited on social media as defined in this act unless the
recipient of the content has been age verified by a verified age
gating process.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.53 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Commission may assess a civil penalty against a
manufacturer, distributor, or retailer for a violation of this act
in an amount that does not exceed Five Thousand Dollars ($5,000.00).
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A civil penalty may be assessed in addition to other penalties
allowed under this act.
B. The Attorney General is authorized to investigate and
enforce violations of subsection B in section 3 of this act. Upon
determining that a manufacturer, distributor, or retailer has
violated any provision of subsection B in section 3 of this act, the
Attorney General shall bring a civil action in any court of
competent jurisdiction to:
1. Seek injunctive relief restraining or enjoining any
manufacturer, distributor, or retailer from continuing to engage in
activities that violate subsection B in section 3 of this act;
2. Recover civil penalties of up to Ten Thousand Dollars
($10,000.00) per violation; or
3. Obtain appropriate relief to protect the public interest.
C. Civil penalties collected under this act must be deposited
in the Vapor Products Compliance Fund.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.54 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Vapor Products Compliance Fund is hereby created as a
special fund under state law.
B. The Vapor Products Compliance Fund shall be utilized by the
Commission for enforcement of this act.
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SECTION 6. REPEALER 63 O.S. 2021, Section 1-229.35, is
hereby repealed.
SECTION 7. This act shall become effective November 1, 2025.
60-1-11353 TJ 12/28/24