Appeals Court Clears Way for Iowa Vape Registry Law to Take Effect
The U.S. Court of Appeals for the Eighth Circuit has vacated a preliminary injunction blocking Iowa’s vape registry law, HF 2677. This decision allows state officials to begin enforcing sales restrictions on electronic nicotine delivery systems (ENDS) that lack federal clearance.
Passed in 2024 and signed by Gov. Kim Reynolds, HF 2677 establishes a state-managed directory of legal vaping products. To secure a spot on this registry, manufacturers must prove their products comply with the U.S. Food and Drug Administration (FDA) premarket authorization rules. Selling unlisted products in Iowa will carry a $300 daily penalty.
Vape retailers and distributors sued to block the law in December 2024, arguing it violated the U.S. Constitution’s Supremacy Clause. A federal district judge sided with them in May 2025, ruling that federal law preempted Iowa’s enforcement. However, the Eighth Circuit rejected that argument.
Writing for the appeals court, Judge L. Steven Grasz stated that the federal Tobacco Control Act preserves state authority to regulate the sale and distribution of tobacco products. The court noted that Iowa’s registry supports, rather than hinders, the FDA’s approval process by demanding conformity with federal premarket authorization requirements.
Iowa Attorney General Brenna Bird welcomed the ruling, stating it protects youth from unregulated, flavored foreign products. Bird noted that illegal vapes make up over 80% of nationwide sales, often mislabeled to bypass customs.
Local businesses, including Central Iowa Vapors and Route 69 Vapor, warn the registry will damage their operations. Because the FDA has not approved the vast majority of e-cigarettes currently on the market, retailers face a choice between shutting down or risking heavy fines.
Enforcement will not begin immediately. The Iowa Department of Revenue, which oversees the directory, must wait for the district court to formally dissolve the injunction. This process typically takes about 21 days, though the plaintiffs may seek further review of the decision.
- Read more: 8th Circuit Blasts Iowa Vape Registry: “Deadly” to Manufacturers?
- Source: Appeals court clears way for Iowa vape registry law to take effect
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