The Nicotine Access Protection Act aims to update the definitions and regulations surrounding cigarettes and tobacco products in Texas. Key amendments include a revised definition of "cigarette," which now encompasses products intended to be burned or heated and includes various forms of tobacco, herbs, or hemp. The definition of "tobacco product" has also been expanded to include any product made from or containing nicotine, including synthetically derived nicotine, intended for human consumption. The previous references to definitions in the Tax Code have been removed, streamlining the legal language.

Additionally, the Act clarifies the non-applicability of certain products, specifically those approved by the FDA for nicotine addiction treatment or those that do not contain nicotine or only trace amounts. This includes products classified as food, drugs, devices, or combination products under federal law. The changes are set to take effect on September 1, 2025, reflecting a significant shift in how tobacco and nicotine products are regulated in Texas.

Statutes affected:
Introduced: Health and Safety Code 161.081, Health and Safety Code 161.0815, Health and Safety Code 161.121, Health and Safety Code 161.251, Health and Safety Code 161.351 (Health and Safety Code 161)