Texas Bill Would Require Age Verification for Online Sex Toy Sales

Texas Bill Would Require Age Verification for Online Sex Toy Sales

AUSTIN, Texas — A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

SB 3003 was introduced by Republican state Sen. Angela Paxton, who was the lead sponsor of Texas’ HB 1181, the age verification bill for adult sites currently awaiting a decision from the Supreme Court in the pivotal case Free Speech Coalition v. Paxton. She is also the wife of Texas Attorney General Ken Paxton, named as respondent in that case.

As with AV laws for viewing adult content online, such a law would prioritize the state’s interest in protecting minors over adults’ rights to privacy. According to industry attorney Lawrence Walters, however, this type of bill raises different issues than age verification laws for adult websites.

“The devices at issue are not likely to be deemed expressive works, and therefore the First Amendment would not be implicated,” Walters told XBIZ. “Instead, restrictions or prohibitions on the sale of ‘obscene devices’ trigger substantive due process concerns under the Fourteenth Amendment. The government is prohibited from burdening an individual’s right to engage in private intimate conduct of his or her choosing.”

Laws that interfere with that right have been struck down in several states, Walters noted — including in Texas.

There is also the separate issue of imposing local requirements on internet-based sellers with no physical presence in the state.

“Such regulatory obligations can run afoul of the Commerce Clause or be deemed outside the jurisdiction of state regulation,” Walters said. “A court may be called upon to decide whether Texas has the authority to regulate ecommerce retailers located outside the state.”

According to Betty's Toy Box founder and CEO Carolyn Eagle, such a law would likely discourage casual online browsers.

“Sales would definitely drop from Texas, at least in the short term,” Eagle told XBIZ. “I suspect some people may return to online shopping if the process proves to be secure. But for those first-time shoppers who may be nervous to begin with, this is going to deter them from visiting.”

Like most ecommerce adult stores, Betty's Toy Box does not currently use age verification on its site. According to Eagle, the most personal information the site currently collects is addresses and credit card numbers.

“It all sounds like a potential logistical nightmare,” Eagle said. “Ideally, what you would want is an app that can ask for age verification only from those people whose geolocation is in Texas so that the rest of your customers aren't harassed. On the other hand, stores could just decide to stop shipping to Texas.”

That potential scenario mirrors what has already happened in many states with age verification laws for adult content, where sites like Pornhub have discontinued service.

SB 3003 is not the only legislation concerning pleasure products currently under consideration in Texas. Another bill, HB 1549, would ban big-box retailers and other stores not considered “sexually oriented businesses” from carrying sex toys.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Svakom, Kaotik Labs Named Presenting Sponsors of XBIZ Honors

Svakom and Kaotik Labs have signed on as the Presenting Sponsors of the retail edition of the 2026 XBIZ Honors.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

XR Brands Expands 'Jock Advanced' Collection With 10 New Strokers

XR Brands has added 10 new strokers to its Jock Advanced line of male masturbators.

Orion Debuts 'Erecto' Collection From 'You2Toys' Line

Orion Wholesale has introduced the new Erecto cock ring collection from its You2Toys line.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Tenga Marks 20th Anniversary With New 'Flip 360' Strokers

Pleasure brand Tenga is celebrating its 20th anniversary with the debut of its new Flip 360 stroker sleeves.

Show More