1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3881 By: Cantrell | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to vape products; creating the | | Alternative Nicotine Products Regulatory Act of 2026; | 8| defining terms; providing manufacturing, labeling, | | marketing, and safety requirements; mandating an | 9| attestation; providing for penalties and suspension; | | providing for enforcement from the Attorney General; | 10| creating the Alternative Nicotine Products Compliance | | Fund; providing for noncodification; providing for | 11| codification; and providing an effective date. | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law not to be | | | 16|codified in the Oklahoma Statutes reads as follows: | | | 17| This act shall be known and may be cited as the "Alternative | | | 18|Nicotine Products Regulatory Act of 2026". | | | 19| SECTION 2. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 1-229.50 of Title 63, unless | | | 21|there is created a duplication in numbering, reads as follows: | | | 22| As used in this act: | | | 23| 1. "Alternative nicotine product" means any noncombustible | | | 24|product that contains nicotine and that is intended for human | | | Req. No. 14207 Page 1 ___________________________________________________________________________
1|consumption, whether chewed, absorbed, dissolved, ingested, or | | | 2|consumed by other means; | | | 3| 2. "Department" means the Department of Revenue; | | | 4| 3. "E-liquid" means a solution that: | | | 5| a. contains propylene glycol, vegetable glycerin, | | | 6| nicotine, nicotine salts, flavorings, or both, and | | | 7| b. is intended to be used in an electronic cigarette. | | | 8| E-liquid does not include cannabis, THC, CBD, or hemp as defined | | | 9|under the laws of the state. | | | 10| 4. "Manufacturing" means the process by which an alternative | | | 11|nicotine product is fabricated, assembled, packaged or labeled, and | | | 12|is sealed in final packaging intended for consumer use; | | | 13| 5. "Minor" means an individual who is less than twenty-one (21) | | | 14|years of age; | | | 15| 6. "Packaging" means any receptacle that contains a finished | | | 16|alternative nicotine product; | | | 17| 7. "Sale" or "Sell" means to exchange or otherwise furnish any | | | 18|alternative nicotine product to any individual of legal age for | | | 19|monetary value; and | | | 20| 8. "Tamper-evident package" means a package having at least one | | | 21|(1) indicator or barrier to entry that, if breached or missing, can | | | 22|reasonably be expected to provide visible evidence to consumers that | | | 23|tampering has occurred. | | | 24| | | | Req. No. 14207 Page 2 ___________________________________________________________________________
1| SECTION 3. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1-229.51 of Title 63, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| A. Manufacturers, dealers, wholesalers, and retailers shall | | | 5|comply with the following requirements: | | | 6| 1. An e-liquid bottle shall use a child proof cap that has the | | | 7|child resistant effectiveness set forth in the federal poison | | | 8|prevention packaging standards, 16 CFR 1700.15(b)(1); | | | 9| 2. An e-liquid bottle or an electronic cigarette that contains | | | 10|e-liquid shall use a tamper-evident package. The tamper-evident | | | 11|package feature shall be designed to remain intact when handled in a | | | 12|reasonable manner during the manufacture, distribution, and retail | | | 13|display of the e-liquid bottle; | | | 14| 3. The label on an e-liquid bottle, electronic cigarette, or | | | 15|alternative nicotine product shall meet the nicotine addictiveness | | | 16|warning statement requirements set forth in 21 CFR 1143.3; and | | | 17| 4. The package containing the alternative nicotine product | | | 18|shall contain the ingredients in the product as well as the name of | | | 19|the manufacturer or wholesaler, along with the address of the | | | 20|manufacturer or wholesaler, firmly affixed to or printed on the | | | 21|package for tracking purposes. A scannable bar code or QR code | | | 22|located on the package may meet this requirement. | | | 23| B. A manufacturer, dealer, wholesaler, or retailer of an | | | 24|alternative nicotine product shall be prohibited from selling any | | | Req. No. 14207 Page 3 ___________________________________________________________________________
1|alternative nicotine product that uses in the name of the product, | | | 2|the labeling of the product, the packaging of the product, or in its | | | 3|marketing materials: | | | 4| 1. The terms "candy", "candies", or variants in spelling such | | | 5|as "kandy" or "kandeez; | | | 6| 2. The terms "bubble gum", "cotton candy", "gummy bear", "gummy | | | 7|worm", "lollipop", or other variants of these terms; | | | 8| 3. References to cartoons, cartoon characters, superheroes, | | | 9|television shows, video games, and movies, or other similar | | | 10|characters or references; | | | 11| 4. References or utilizes trade dress, trademarks, or other | | | 12|related imagery that imitate or replicate trade dress, trademarks, | | | 13|or other imagery of food brands or products that have been primarily | | | 14|marketed to minors such as brands of breakfast cereals, cookies, | | | 15|juice drinks, soft drinks, ice creams, and frozen pops; and | | | 16| 5. References or utilizes trade dress, trademarks, or other | | | 17|related imagery that imitate or replicate trade dress, trademarks, | | | 18|or other imagery of school supplies such as USB drives or | | | 19|highlighters, smart phones or smart watches, headphones, any item of | | | 20|clothing, or toy, video game devices or phone app integration | | | 21|features. | | | 22| SECTION 4. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 1-229.52 of Title 63, unless | | | 24|there is created a duplication in numbering, reads as follows: | | | Req. No. 14207 Page 4 ___________________________________________________________________________
1| A. A manufacturer of alternative nicotine products for sale in | | | 2|the state shall provide an attestation under the penalty of perjury | | | 3|to the Attorney General on forms provided by the Attorney General's | | | 4|Office of the following: | | | 5| 1. The manufacturer has received a marketing granted order for | | | 6|the alternative nicotine product from the United States Food and | | | 7|Drug Administration (FDA) in accordance with 21 U.S.C. 387(j); or | | | 8| 2. The manufacturer has submitted a premarket tobacco | | | 9|application for the alternative nicotine product and has received a | | | 10|submission tracking number (STN) from the FDA in accordance with 21 | | | 11|U.S.C. 387(j) and the application remains under review with the FDA | | | 12|for more than 180 days, the FDA has issued a no marketing order for | | | 13|the alternative nicotine product, but the agency or a federal court | | | 14|has issued a stay order or injunction during the pendency of the | | | 15|manufacturer's appeal of the no marketing order, or the order has | | | 16|been appealed either to the FDA or a challenge to the order filed | | | 17|with a federal court and the appeal or challenge is still pending. | | | 18| B. The consumable material of the alternative nicotine product | | | 19|shall be manufactured, processed, blended, or filled in the United | | | 20|States by January 1, 2028, or such product shall be removed from the | | | 21|list of products that are legal to sell. | | | 22| C. Each manufacturer filing an attestation with the Attorney | | | 23|General shall pay an initial fee of One Thousand Dollars ($1,000.00) | | | 24|and a renewal fee annually of Five Hundred Dollars ($500.00). | | | Req. No. 14207 Page 5 ___________________________________________________________________________
1| D. The manufacturer shall notify the Attorney General within | | | 2|thirty (30) days of any material change to the attestation, | | | 3|including: | | | 4| 1. If the FDA has issued a market order or other authorization; | | | 5| 2. If the FDA has issued a market denial order; | | | 6| 3. If the FDA or a federal court has issued a stay or | | | 7|injunction during pendency of the no marketing order; | | | 8| 4. If the manufacturer has appealed to the FDA or filed a | | | 9|challenge with a federal court and the appeal or challenge is still | | | 10|pending. | | | 11| E. The Attorney General shall: | | | 12| 1. Develop a directory listing all of the manufacturers that | | | 13|have provided attestations that comply with subsection D of this | | | 14|section and all vapor products that are listed in such attestations; | | | 15| 2. Make the directory available for public inspection on its | | | 16|website on or before October 1, 2026; and | | | 17| 3. Update the directory every thirty (30) days to correct | | | 18|mistakes and to add or remove manufacturers or vapor products to | | | 19|maintain the directory in conformity with the requirements of this | | | 20|section. | | | 21| F. It shall be unlawful for any person, directly or indirectly, | | | 22|to knowingly manufacture, distribute, sell, barter, or furnish in | | | 23|this state any vapor product that is not included in the directory. | | | 24| | | | Req. No. 14207 Page 6 ___________________________________________________________________________
1| SECTION 5. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1-229.53 of Title 63, unless | | | 3|there is created a duplication in numbering, reads as follows: | | | 4| A. The Department may assess a civil penalty against a | | | 5|manufacturer, dealer, wholesaler, or retailer for a violation of | | | 6|this act in an amount that does not exceed Five Thousand Dollars | | | 7|($5,000.00). A civil penalty may be assessed in addition to other | | | 8|penalties allowed under this act. | | | 9| B. The Attorney General is authorized to investigate and | | | 10|enforce violations of Sections 3 and 4 of this act. Upon | | | 11|determining that a manufacturer, dealer, wholesaler or retailer has | | | 12|violated any provision of Section 3 or 4 of this act, the Attorney | | | 13|General may bring a civil action in any court of competent | | | 14|jurisdiction to either: seek injunctive relief restraining or | | | 15|enjoining any manufacturer, dealer, wholesaler or retailer from | | | 16|continuing to engage in activities that violate Section 3 or 4; | | | 17|recover civil penalties of up to Ten Thousand Dollars ($10,000.00) | | | 18|per violation; or obtain appropriate relief to protect the public | | | 19|interest. | | | 20| C. Civil penalties collected under this act shall be deposited | | | 21|in the Alternative Nicotine Products Compliance Fund. | | | 22| SECTION 6. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 1-229.54 of Title 63, unless | | | 24|there is created a duplication in numbering, reads as follows: | | | Req. No. 14207 Page 7 ___________________________________________________________________________
1| A. The Alternative Nicotine Products Compliance Fund is hereby | | | 2|created as a special fund under state law. | | | 3| B. The Alternative Nicotine Products Compliance Fund shall be | | | 4|utilized by the Department and Attorney General for enforcement of | | | 5|this act. | | | 6| SECTION 7. This act shall become effective November 1, 2026. | | | 7| | | | 8| 60-2-14207 TJ 12/23/25 | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14207 Page 8