Tennessee House Bill HB2359

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26
• Refer: 2/5/26
• Refer: 3/11/26
• Refer: 3/18/26
• Refer: 3/23/26
• Refer: 4/1/26
• Refer: 4/15/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17; Title 43; Title 57 and Title 67, Chapter 4, Part 10, relative to vapor products.

Summary

HB2359 revises Tennessee’s statutory definitions related to vapor products and consumable material. It redefines “consumable material” to mean a liquid nicotine solution, whether natural or synthetic, or a liquid nicotine analogue intended for use in a vapor product. It also broadens and clarifies the definition of “vapor product” to cover noncombustible products that use a mechanical heating element, battery, electronic circuit, or similar mechanism to produce visible or non-visible vapor, including e-cigarettes, e-cigars, e-cigarillos, and e-pipes, as well as cartridges and containers intended for use with those devices. The bill expressly excludes products regulated under Chapter V of the federal Food, Drug, and Cosmetic Act. The bill also amends a penalty provision in Tennessee Code Annotated § 67-4-1035(d) to specify that a fine is issued by the alcoholic beverage commission. In effect, the measure updates the state’s vapor-product tax and regulatory framework and clarifies enforcement authority for certain violations involving vapor products. Overall, the bill appears to have been received favorably in committee, advancing through multiple House committees with unanimous or near-unanimous recommendations for passage. The floor history shows more mixed outcomes on later motions, including failed attempts to adopt an amendment, defer passage, hold the bill on the desk, and rerefer it to committee, indicating some procedural resistance even though the underlying bill had broad committee support. The main point of contention appears to be the scope and handling of the amendment process on the House floor rather than the core policy of defining and regulating vapor products. The votes suggest that while many lawmakers supported moving the bill forward, there was disagreement over whether to alter, delay, or further review the measure before final passage. No committee transcript is available, so the record does not show detailed policy objections, but the floor motions indicate some members wanted additional changes or more time for consideration.

Impact

HB2359 would amend Tennessee’s tax and regulatory statutes governing vapor products by updating definitions in Title 67, Chapter 4, Part 10 and clarifying that certain fines are issued by the alcoholic beverage commission. The bill affects manufacturers, distributors, retailers, and users of vapor products by expanding the statutory description of covered devices and consumable nicotine materials, while also preserving the exclusion for federally regulated tobacco/drug products. It would also influence enforcement and tax administration by tying penalty issuance to the commission’s authority.

Sentiment

The general sentiment around HB2359 appears positive in committee, with repeated recommendations for passage and no recorded committee opposition votes. On the House floor, however, the bill encountered procedural pushback through multiple failed motions related to amendment, delay, and referral, suggesting that while the bill’s core purpose was broadly acceptable, some members were not satisfied with the bill’s form or timing. Overall, the measure seems to have had institutional support but not complete unanimity on the floor.

Contention

The notable contention centered on whether the bill should be amended, deferred, held, or sent back to committee before advancing. The floor votes show that motions to adopt an amendment, defer passage, hold the bill on the desk, and rerefer it all failed, indicating disagreement among members about the bill’s final language and readiness for passage. The record does not identify specific substantive objections, but the procedural votes suggest concerns about the scope of the vapor-product definitions, the tax/enforcement framework, or the need for additional review.