Iowa Vape Companies Lawsuit Challenges PMTA Registry Law
Plaintiffs Claim PMTA Registry Law Violates US and Iowa Constitutions, Threatens Vape Businesses
Several Iowa vape companies, along with the state’s vaping industry association1, Iowans for Alternatives to Smoking & Tobacco (IFAST)2, have filed a lawsuit seeking to stop the implementation of new state laws and regulations. The plaintiffs argue that the recently passed HF 2677, which creates a state registry of FDA-approved vape products, will severely limit what companies like theirs can sell, effectively shutting down most or all specialty vape stores in the state.
Central Iowa Vapors, which operates 15 locations across Iowa, is one of the businesses involved in the lawsuit. Founder Susie Sharif, who started the company more than a decade ago after successfully quitting smoking through vaping, believes the new law will force her to remove 90% of her current product offerings.
Big Tobacco’s Influence on PMTA Registry Laws
The plaintiffs allege that the PMTA registry law, like similar legislation passed in other states, was created and promoted by tobacco companies Altria and R.J. Reynolds to protect cigarette sales and their own FDA-authorized vaping products. By creating a registry of legal vapes, the law aims to simplify enforcement against “unauthorized” products, effectively blocking sales of popular vape products that compete with the limited offerings from Altria (NJOY) and R.J. Reynolds (Vuse).
Lawsuit Alleges Constitutional Violations
Filed in the U.S. District Court for the Southern District of Iowa, the lawsuit seeks a preliminary injunction to prevent the Iowa Department of Revenue from enforcing the law while the case is decided, and ultimately a permanent injunction blocking the law. The plaintiffs argue that the PMTA registry law violates the Supremacy Clause and the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, as well as the Equal Protection Clause of the Iowa Constitution.
IFAST president and Route 69 Vapor owner Heather Glenn emphasizes the dire consequences of the law for Iowa businesses, stating, “We are being legislated out of existence by the regulatory effects of HF 2677. Dozens of Iowa businesses are on the verge of being shuttered and their hard-working employees and their families will suffer the financial consequences of this legislative sop to Big Tobacco.”
The Spread of PMTA Registry Laws
Iowa is not alone in facing PMTA registry legislation. In 2024, tobacco industry lobbyists introduced similar bills in over two dozen states, with Kentucky, North Carolina, Utah, Virginia, and Florida successfully passing registry laws, most of which will take effect in 2025. These bills have found the most success in Republican-majority legislatures, which tend to be friendly to the tobacco industry.
As the vaping industry continues to navigate the complex regulatory landscape, it is crucial for businesses to stay informed and advocate for fair, evidence-based policies that prioritize public health while allowing for innovation and consumer choice. The outcome of the Iowa lawsuit and similar challenges in other states will have significant implications for the future of the vaping industry and the millions of adult consumers who rely on these products as an alternative to combustible cigarettes.
- Iowa Vape Association: https://iowavapeassociation.org/ ↩︎
- Iowans for Alternatives to Smoking & Tobacco (IFAST) https://www.ifastinfo.org/ ↩︎
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