Vaping Industry Sues North Carolina Over New E-cigarette Sales Law
Lawsuit Claims State Law Requiring FDA Authorization is Preempted by Federal Authority
The Vapor Technology Association (VTA) and several North Carolina vape businesses have filed a federal lawsuit challenging the state’s recently enacted law regulating e-cigarette sales (Session Law 2024-31). The plaintiffs argue the law improperly usurps federal authority and discriminates against certain products.
Effective May 1, the North Carolina law requires vape products sold in the state to have received marketing authorization from the U.S. Food and Drug Administration (FDA). It directs the state Department of Revenue to create a compliance directory; products not listed must be removed from sale within 60 days of the directory’s publication (expected by June 29, 2025).
The lawsuit contends that only the FDA can enforce the federal Food, Drug, and Cosmetic Act (FDCA), which governs vape product authorization, and that North Carolina’s attempt to do so via state law is preempted. Plaintiffs, including AMV Holdings and Bright Leaf Vendors, claim the law will cause massive market disruption, potentially banning nearly all current products.
Furthermore, the suit argues the law violates the U.S. Constitution’s Supremacy Clause (by conflicting with federal law) and the 14th Amendment’s Equal Protection Clause (by potentially creating distinctions between tobacco-derived and synthetic nicotine products not recognized federally). An individual vape user joined the suit, citing concerns the law could block access to products used as alternatives to combustible cigarettes.
The case, Vapor Technology Association et al. v. Wooten et al., is filed in the U.S. District Court for the Eastern District of North Carolina.
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