Tennessee House Bill HB0968

Tennessee 2025-2026 Regular Session

• Introduced: 2/5/25
• Refer: 2/10/25
• Refer: 3/10/25
• Refer: 3/26/25
• Refer: 4/14/25
• Chaptered: 5/13/25
• Passed: 5/13/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 39, Chapter 17, Part 15; Title 47, Chapter 25; Title 67, Chapter 4, Part 10 and Title 67, Chapter 4, Part 26, relative to regulated consumable products.

Summary

HB0968 revises Tennessee law governing regulated consumable products, with a primary focus on vapor products and related tobacco/nicotine items. The bill raises and clarifies age-verification requirements for sales of tobacco, smoking hemp, vapor products, and smokeless nicotine products, requiring proof of age for purchasers who do not reasonably appear to be 50 or older and reaffirming the minimum purchase age of 21. It also updates tax definitions and rates, explicitly adds vapor products to the tobacco tax framework, and sets a separate 10% wholesale tax rate for vapor products while excluding smokeless nicotine products from that tax section. The bill creates a detailed state vapor product directory administered by the Department of Revenue. Manufacturers must annually certify that each vapor product sold in Tennessee meets specified federal FDA marketing or application-status requirements, provide product details, pay a per-product fee, and update compliance documentation if federal standards change. Beginning in 2026, the department must publish a public directory of approved manufacturers and products, and products not listed may not be sold after transition periods. The bill also adds enforcement tools, including compliance checks, seizure and forfeiture authority, civil penalties, license suspension or revocation, and misdemeanor liability for false certifications. HB0968 further restricts vapor product advertising and marketing aimed at people under 21, including ads using child-oriented imagery, cartoon characters, food- or drink-like branding, or placement near schools, childcare centers, parks, churches, and recovery facilities. It also authorizes the Alcoholic Beverage Commission to share enforcement jurisdiction with the Department of Revenue over certain tobacco-law violations and to conduct compliance checks and arrests based on probable cause. The bill includes reporting requirements, rulemaking authority, severability, and staggered effective dates beginning in mid-2025, with the directory provisions taking effect in 2025 and 2026. The overall sentiment in committee and floor action appears strongly favorable, with the bill advancing by large margins at each recorded step and only one dissenting vote in the House Finance, Ways, and Means Committee. The discussion history provided does not include transcript excerpts, but the vote pattern suggests broad bipartisan support for tighter regulation of vapor products, youth access, and tax/enforcement measures. The main points of contention likely center on the scope of regulation over the vapor industry, the new compliance and fee burdens on manufacturers and retailers, and the expanded enforcement powers and product-removal authority granted to the state.

Impact

The bill amends multiple parts of the Tennessee Code, including criminal sales restrictions, tobacco excise tax provisions, revenue allocation rules, and administrative enforcement authority. It adds new statutory definitions for vapor product categories, establishes a state vapor product directory and certification regime, imposes new taxes and fees on vapor products, and creates penalties and seizure authority for noncompliant products. It also expands the Department of Revenue’s oversight role and gives the Alcoholic Beverage Commission concurrent enforcement authority for certain tobacco-related violations.

Sentiment

The recorded votes indicate strong support for the bill, with committee recommendations for passage at each stage and only one no vote in the House Finance, Ways, and Means Committee. That pattern suggests the legislation was viewed favorably as a public-health and enforcement measure, particularly in relation to youth access and product compliance. No opposing testimony is provided, but the structure of the bill suggests industry stakeholders may have concerns about regulatory burden, product listing requirements, and enforcement consequences.

Contention

Likely areas of contention include the new directory system, the requirement that manufacturers prove FDA compliance or timely-filed applications, the per-product certification fee, and the authority to remove products from sale and seize inventory. Retailers, wholesalers, and manufacturers may object to the administrative burden, potential supply disruptions, and penalties for nonlisted products. Public-health advocates are likely to support the advertising restrictions, age-verification rules, and enforcement provisions, while industry groups may argue that the bill is overly restrictive or difficult to implement.