Virginia Court Grants Partial Injunction Against State Vape Regulations
A federal judge in the Eastern District of Virginia has issued a partial preliminary injunction halting the enforcement of key aspects of Virginia’s 2024 vape regulations. The ruling comes in response to a lawsuit filed by NOVA Distro, Inc. and Tobacco Hut and Vape Fairfax, Inc. against Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex. The plaintiffs challenge the state’s “Vape Ban,” which took effect on July 1, 2025, arguing it unfairly favors major tobacco companies like Juul and R.J. Reynolds while devastating smaller businesses.
The controversial law mandates that only vape products with FDA premarket tobacco product applications (PMTAs) can be listed in a state directory, imposing fines of $1,000 per day for unlisted items. Plaintiffs contend this creates a de facto monopoly for “Big Tobacco,” as the FDA has primarily approved their products, making compliance nearly impossible for smaller manufacturers.
While the court dismissed counts alleging violations of Virginia’s Constitution and the Equal Protection Clause, it denied the motion to dismiss the Supremacy Clause claim. Consequently, the judge granted a partial injunction preventing state authorities from establishing the vape product directory and using the Tobacco Retail Enforcement Fund for enforcement while the case proceeds. The plaintiffs seek a declaratory judgment that the ban is unconstitutional, arguing it forces small businesses out of the market.
- Read more: Virginia Vape Shops Face Strict New Product Restrictions Starting December 31
- News source: Virginia court grants partial injunction in challenge to state vape regulations
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