Alabama Eases New Vape Law After Retailer Lawsuit

The State of Alabama has agreed to allow convenience stores to sell a significantly wider range of vaping products than initially stipulated under a strict new law (HB8) that took effect this month. This development follows a federal lawsuit filed by the Petroleum and Convenience Marketers of Alabama (PCMA) challenging the legislation.

Originally, HB8, sponsored by Rep. Barbara Drummond, would have limited convenience stores to selling only 39 vape products fully approved by the FDA. However, Bart Fletcher, PCMA president, announced an agreement with the state that effectively permits these stores to continue selling products that have been legal since 2022. This includes items on the FDA’s “pending” review list or those listed on the state’s “Electronic Nicotine Delivery System (ENDS) Directory.” Fletcher acknowledged some illegal products not on these lists would still need to be removed.

The PCMA lawsuit argued that HB8’s provision restricting non-specialty retailers to only FDA-authorized products was preempted by federal law, as only the FDA can enforce the federal Food, Drug & Cosmetic Act (FDCA). They also challenged a provision prohibiting sales of next-generation tobacco products with foreign-manufactured components (unless FDA-authorized) as unconstitutional and preempted. A portion of the lawsuit concerning a requirement for all vape products to be U.S.-manufactured, effective October 1, 2025, is still pending.

• News source: State of Alabama agrees to allow more vape products after federal suit

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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