Wisconsin’s Ban on Non-FDA-Approved Vapes Takes Effect

A new Wisconsin state law banning the sale of most popular vaping products that have not received U.S. Food and Drug Administration (FDA) authorization took effect on September 1st. The law, part of the 2023 Wisconsin Act 73, means any electronic vaping device not listed on the Department of Revenue’s official directory is now illegal to sell in the state.

Retailers who violate the law face steep penalties of $1,000 per day for each unlisted product sold, and the devices are subject to seizure. The regulations primarily impact disposable vapes, open-tank systems, and e-juices, which constitute a significant portion of vape shop sales. Brandon Miedtke of Smokey’s Tobacco and Vape noted that disposables were his biggest source of income and that about 50% of customers walk out after seeing the now very limited selection.

• Read more: FDA Authorized E-Cigarette List: What’s Really Included?

The law faces strong opposition from a non-profit trade group, Wisconsinites for Alternatives to Smoking Tobacco (WiscoFAST), which has filed a federal lawsuit against the Department of Revenue to challenge the ban. Tyler Hall, president of WiscoFAST, argues the law will force over half of the state’s 3,000 vape shops to close and limit options for customers who use vaping as a safer alternative to smoking. A federal judge is expected to rule on the lawsuit soon. Meanwhile, a separate bill that would walk back some of these restrictions is currently in the state Senate.

• News source: Wisconsin will ban non-FDA approved vape products on Labor Day

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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.

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