---
title: HB 959. Revenue and taxation; prohibit sale of any flavored consumable vaping product
collection: bills
id: 2025-2026/hb959
cite_as: HB 959, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb959
md_url: https://georgiacommons.org/bills/2025-2026/hb959.md
text_url: https://georgiacommons.org/bills/2025-2026/hb959/text
source_url: https://www.legis.ga.gov/legislation/72186
date: 2026-01-15
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb959.md?full=1
bill_number: HB 959
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-13
last_action: House Second Readers
sponsors:
- Michelle Au
- Ron Stephens
- Gerald Greene
- Lee Hawkins
- Debbie Buckner
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB959/2025
upstream_id: 2073988
summaries_model: claude-sonnet-5
topic_tags:
- vaping regulation
- tobacco and vaping taxes
- public health
- flavored e-cigarettes
- retail licensing
---
# HB 959. Revenue and taxation; prohibit sale of any flavored consumable vaping product
## Text
House Bill 959
By: Representatives Au of the 50th, Stephens of the 164th, Greene of the 154th, Hawkins of
the 27th, and Buckner of the 137th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes
on tobacco and vaping products, so as to prohibit the sale of any flavored consumable vaping
product; to provide definitions; to provide for penalties; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on
tobacco and vaping products, is amended by adding a new Code section to read as follows:
"48-11-4.3.
(a) As used in this Code section, the term:
(1) 'Characterizing flavor' means any taste or odor, distinguishable by an ordinary
consumer either prior to or during the consumption of a consumable vapor product,
including, but not limited to, any taste or odor relating to fruit, chocolate, vanilla, honey,
candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice, or
a cooling sensation distinguishable by an ordinary consumer during the consumption of
a consumable vapor product. Such term shall not include the taste or odor of tobacco.
(2) 'Flavored consumable vapor product' means a consumable vapor product that
contains any ingredient, concentrate, diluent, or enhancement, whether natural, artificial,
or organic, that imparts a characterizing flavor.
(b) It shall be unlawful for any person to give, distribute, sell, offer for sale, or furnish to
any person a flavored consumable vapor product in this state.
(c) A violation of any provision of this Code section shall be punished as for a
misdemeanor as provided in Code Section 16-1-10 and shall result in the probation,
suspension, or revocation by the commissioner of all licenses issued to the person pursuant
to Code Section 48-11-4."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would ban the sale, distribution, or gift of any flavored vaping product in the state, covering fruit, candy, menthol, and other flavors, with violations treated as a misdemeanor.
### Plain-language summary
Georgia currently taxes tobacco and vaping products under Chapter 11 of Title 48 of the Official Code of Georgia Annotated but does not ban flavored vapes outright. This bill adds a new Code section making it illegal for any person to give, distribute, sell, offer for sale, or furnish a flavored consumable vaping product anywhere in Georgia.
The bill defines a 'characterizing flavor' broadly, covering tastes or odors like fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice, or a cooling sensation, but excludes the taste or odor of tobacco itself. Anyone who violates the ban would be guilty of a misdemeanor under Georgia's general misdemeanor punishment law (O.C.G.A. § 16-1-10), and the state commissioner could put on probation, suspend, or revoke any license the violator holds to sell tobacco or vaping products.
### What it does
- Makes it illegal to give, distribute, sell, offer for sale, or furnish any flavored vaping product in Georgia.
- Defines 'characterizing flavor' to include fruit, chocolate, candy, menthol, mint, and cooling sensations, among others, but not tobacco flavor.
- Sets the penalty for violating the ban as a misdemeanor under Georgia's general misdemeanor sentencing law.
- Allows the state commissioner to place on probation, suspend, or revoke a violator's tobacco and vaping product license.
### Who it affects
Vape shops, convenience stores, and other retailers that sell vaping products in Georgia; manufacturers and distributors of flavored vaping liquids; adult vape users who currently buy flavored products; and licensees under Georgia's tobacco and vaping tax law who risk losing their licenses.
### Why it matters
If enacted, retailers across Georgia would have to pull all flavored vaping products from shelves or face misdemeanor charges and possible loss of their sales license. Adult consumers who prefer flavored vapes over tobacco-flavored ones would no longer be able to legally buy them in the state.
### Key provisions
- Section 1 adds new Code Section 48-11-4.3 to Chapter 11 of Title 48, defining 'characterizing flavor' and 'flavored consumable vapor product.'
- Subsection (b) makes it unlawful to give, distribute, sell, offer for sale, or furnish a flavored consumable vapor product to any person in Georgia.
- Subsection (c) sets the penalty as a misdemeanor under O.C.G.A. § 16-1-10 and authorizes license probation, suspension, or revocation under O.C.G.A. § 48-11-4.
- Section 2 repeals any existing laws that conflict with the new ban.
## Status
- Status: Introduced (2026-01-13)
- Last action: House Second Readers (2026-01-15)
- Sponsors: Michelle Au, Ron Stephens, Gerald Greene, Lee Hawkins, Debbie Buckner
- Official page: https://www.legis.ga.gov/legislation/72186
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb959.md?full=1