Tennessee House Bill HB1728

Tennessee 2025-2026 Regular Session

• Introduced: 1/20/26
• Refer: 1/22/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 39; Title 57, Chapter 7 and Title 67, relative to the sale of products.

Impact

The implications of HB 1728 are far-reaching, particularly concerning vape shop retailers and distributors. Those found to be in violation of this measure face escalating civil penalties, including fines that increase with repeated offenses and potential loss of their sales licenses. The bill's enforcement provisions categorize repeated violations as deceptive trade practices, adding an additional layer of accountability. The state will also be empowered to recoup investigation and legal costs related to enforcement actions against violators, reflecting a proactive stance towards addressing the risks associated with these products.

Summary

House Bill 1728, sponsored by Hakeem, is a legislative measure aimed at amending various sections of the Tennessee Code Annotated related to the sale of certain products. The bill focuses specifically on the sale of Kratom and nitrous oxide by vape shop retailers. It establishes definitions for these substances and outlines regulations on how they may be sold within the state. By explicitly prohibiting the sale of Kratom and nitrous oxide through vape shops, the bill seeks to address public health and safety concerns associated with these substances.

Contention

While the bill is poised to enhance consumer safety by regulating the sale of Kratom and nitrous oxide, it has sparked debate among stakeholders. Proponents of the bill argue that it is necessary to curb the potential dangers of unregulated sales of these substances, which have been linked to various health issues. Conversely, critics may raise concerns about the impact on small businesses, particularly those operating as vape shops, who may view the penalties as excessively punitive and argue for a more nuanced approach to regulation that balances safety with business interests.