RI Flavored Vape Ban Faces Federal Lawsuit Challenge

Vape Shops Claim Unconstitutionality and Irreparable Harm in Complaint

Two Rhode Island vape shops, Vaporetti LLC and Sunshine Vape LLC, have filed a federal lawsuit alleging that the state’s upcoming ban on flavored e-cigarettes, set to take effect on January 1, 2025, is unconstitutional. The complaint, filed on November 26 in the U.S. District Court for the District of Rhode Island, argues that the law is poorly defined, “irrational,” and will cause irreparable harm to their businesses.

The plaintiffs, who together employ a dozen workers across four locations in East Providence, Providence, Warwick, and South Kingstown, assert that flavored vape sales account for 70% of their annual sales revenues in 2023. They argue that even if the law is eventually vacated or amended, they will suffer significant losses in inventory, revenue, goodwill, and business disruption.

The complaint names the Rhode Island Department of Health, its director Dr. Jerry Larkin, the Department of Revenue, its director Thomas Verdi, the Division of Taxation, and state tax administrator Neena Savage as defendants. The plaintiffs allege that the ban is an unconstitutional “taking” of their revenues, violating the 5th and 14th Amendments to the U.S. Constitution.

Rhode Island first attempted to outlaw flavored vape products under a 2019 executive order signed by then-Gov. Gina Raimondo, but it has not been enforced. State lawmakers sought to codify the executive order and charge the state taxation division with enforcement and confiscation of flavored vapes as part of the fiscal 2025 budget.

The complaint calls out the state law’s exemption for compassion centers and licensed cultivators, which can sell flavored cannabis or THC vapes, as “irrational.” It also takes aim at the definition of menthol and tobacco flavors, which could still be sold, as too vague.

The Rhode Island Department of Health, Department of Revenue, and Division of Taxation declined to comment, citing the pending litigation. A virtual hearing before U.S. District Court Judge Mary McElroy is scheduled for 11 a.m. on Tuesday, December 10.

Author
Recent Posts

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.