Wisconsin Vape Ban Faces Lawsuit, “Big Tobacco” Accusations
Wisconsin’s new state law banning the sale of most vaping products not pre-approved by the FDA has led to significant business challenges, a federal lawsuit, and allegations of “big tobacco” influence. The law, which requires retailers to clear their shelves of unapproved products by September 1st, has vape shop owners fearing for their survival.
The group “Wisconsinites for Alternatives to Smoking and Tobacco” (WISCOFAST) filed a lawsuit against the law, but their request for a preliminary injunction was denied, allowing the ban to remain in effect while the case proceeds. An appeal is underway, with oral arguments scheduled for the week of December 8th. Tyler Hall, president of WISCOFAST and owner of Johnny Vapes, believes the law was influenced by large tobacco companies to create a monopoly, as only a handful of their products are on the state’s approved directory. Records show Altria, affiliated with the approved NJOY brand, lobbied for the bill.
Hall argues the remaining legal products may not be effective for helping people quit smoking and that lawmakers should listen to their constituents and small business owners rather than special interests. The ban was reportedly added as an amendment to an alcohol regulation bill with little public debate. Meanwhile, vape shops in neighboring states like Iowa and Illinois are reportedly seeing increased sales, even offering discounts to customers with Wisconsin IDs, pushing tax revenue across the border. Lawmakers are now considering a new bill (Senate Bill 257) to amend the law, potentially limiting its scope to nicotine products only.
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