Alabama Vape Law Temporarily Blocked by Judge Gaines

Alabama Vape Law HB8 Lawsuit

A Montgomery County Circuit Judge has granted a temporary restraining order (TRO) blocking the state of Alabama from enforcing its stringent new vape law, House Bill 8. The ruling by Judge Monet Gaines on Tuesday provides immediate, though temporary, relief for vape retailers across the state.

The TRO was requested as part of a lawsuit filed on Monday by the Vapor Technology Association (VTA), a national trade group, and retailer Southside Vape. The lawsuit argues that HB8, which recently passed in the 2025 legislative session, is unconstitutional. The judge granted the order on the basis that the law likely violates the Foreign Commerce Clause and is preempted by federal law.



Tony Abboud, executive director of the VTA, called the ruling “an important step in our ongoing fight to protect small businesses from unfair and overreaching laws.” He stated the TRO provides “critical relief for the many local vape retailers and distributors in Alabama.”

HB8 was designed to heavily regulate and restrict the sale of vape products in Alabama and increase fines for businesses. The VTA’s lawsuit is part of a broader effort advocating for access to safer vaping alternatives for adult smokers. Abboud also urged the Trump Administration to prioritize new, streamlined federal requirements to protect both American citizens and businesses.

Matthew Ma
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