Step 1: Check the Texas Comptroller's vapor product directory
The Comptroller's office maintains a list of vapor products that are permitted for sale in Texas. This is your first check. Go to the Comptroller's website and find the vapor product search tool. Enter the product name or manufacturer. If the product isn't listed, it's not approved for sale in Texas. You cannot sell it to Texas residents, period.
Step 2: Verify your DSHS registration
Texas requires anyone who sells vapor products at retail to register with DSHS. This includes online sellers. Check the DSHS website to confirm your registration is active. If it's not, you need to register before selling anything else to Texas customers.
Step 3: Cross-check with FDA tobacco product listings
The FDA regulates tobacco products, including vapes. Products that aren't on the FDA's approved list might be subject to enforcement. While the FDA list doesn't directly stop you from selling in Texas, selling unapproved products can lead to federal trouble. Use the FDA's search tool to confirm each product you sell has the necessary authorization.
Step 4: Document your checks
Keep a record of when you checked each product, the results, and any notes. This documentation can prove you took reasonable steps to comply if you're ever questioned.
