I passed a bill in the House this week that would establish manufacturing, labeling, marketing and safety requirements for alternative nicotine products, including e-liquids and vapes. The bill also creates a fund to receive all fees or any penalties assessed to violators of the act.
The purpose of this act is to protect our kids and others from products that could harm them.
House Bill 3881 would create the Alternative Nicotine Products Regulatory Act of 2026. The act outlines requirements that manufacturers, dealers, wholesalers and retailers of alternative nicotine products must follow if this is enacted into law. These persons would be prohibited fromsellinganyalternativenicotine product that uses specified terms or references in the product name, productlabeling,productpackaging and marketing of the product.
The law would require e-liquid bottles to use child-proof caps in line with federal poising prevention packaging standards as well as tamper-evident packaging. The label on these products must meet nicotine addictiveness warning statement requirements, and the package must contain all ingredients along with the address of the manufacturer or wholesaler.
Prohibited on these products are terms such as candy or any variant spell as well as terms such as bubble gum, cotton candy, gummy bear or worm or lollipop. Also prohibited are references to cartoons, cartoon characters, superheroes, television shows, video games, movies or other similar characters or references, as well as trademarks or common school or toy symbols.
The measure establishes various penalties ranging from $500 to $10,000 for violations and provides enforcement authority to the Office of the Attorney General.
In addition, any manufacturer of alternative nicotine products for sale must provide an attestation to the state attorney general, and each manufacturer will pay an initial fee of $5,000 and an annual fee of $2,500. The manufacturer must notify the attorney general of any changes to the attestation within 30 days.
“Alternative nicotine product” meansanynoncombustibleproduct that contains nicotine and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by other means such as e-liquids, which are intended to be used in an electronic cigarette or a vape.
Thiswasanincrediblybusyweek in the House. We considered several hundred bills and joint resolutions before our third-reading deadline for measures in their chamber of origin. Those that passed now move to the State Senate, and we will be receiving Senate bills in our chamber. These measures must first pass in policy or an Appropriation and Budget subcommittee. We have until April 9 to complete that first step in the process.
Remember, if I can help you with anything, please do not hesitate to reach out: (405) 557-7383 or Josh. Cantrell@OKHouse.gov.
Josh Cantrell serves District 49 in the Oklahoma House of Representatives. His district includes Love County and parts of Carter and Marshall counties.