Wisconsin Vape Distributors Sue State Over Vape Ban

A coalition of e-cigarette distributors, Wisconsinites for Alternatives to Smoking and Tobacco (WiscoFAST), has filed a federal lawsuit against the Wisconsin Department of Revenue, challenging a new state law that bans the sale of most vaping products. The law, which took effect on July 1st, prohibits the sale of any vape devices not authorized by the U.S. Food and Drug Administration (FDA).

The lawsuit claims the state law violates the Supremacy Clause of the U.S. Constitution by usurping the FDA’s sole authority to regulate the Federal Food, Drug, and Cosmetic Act. Retailers and distributors face fines of $1,000 per day, starting in September, for each unlisted device they sell. Many distributors argue that a significant number of the now-banned products are currently in the FDA’s lengthy authorization process.

Zach Rozenboom, owner of a company involved in the lawsuit, expressed concern that the law could force his business to close “essentially overnight.” He stated, “Our first step is a preliminary injunction to put a hold on this, to buy us a little bit of time.” Rozenboom’s options include liquidating inventory before the September 1st deadline or selling to out-of-state clients. The lawsuit aims to have the courts review factual data from both sides before a final decision is made, highlighting the significant risk the ban poses to many Wisconsin businesses.

• News source: Several e-cigarette distributors sue Wisconsin Department of Revenue over statewide ban

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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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