Wisconsin Vape Shops Lose Lawsuit Against New Ban
A Wisconsin trade organization, “WiscoFAST,” has lost its federal lawsuit against the Department of Revenue over a new state law that bans the sale of most vaping products. The law, which took effect this week, prohibits the sale of any vape products not authorized by the U.S. Food and Drug Administration (FDA). Retailers have until September 1st to clear their shelves of non-compliant items or face steep fines of $1,000 per day per item.
The impact on local businesses has been immediate and severe. Vape shops report that 80% or more of their inventory is now illegal to sell. Tyler Hall, president of WiscoFAST, stated that in just the last few days, member stores have reported sales decreases between 50% and 80%. Shops like “M of N Vapors” in Sun Prairie have had to box up the majority of their stock, leaving their future uncertain.
Some retailers, like Holy Smokes Vape Shop in Green Bay, are relying on out-of-state locations where the products remain legal. “Luckily, we have a Menominee [Michigan] store that’s holding a lot of our haul,” said employee Trevor Lautenbach. They are also trying to pivot to other products like THC-A and Delta to make up for lost sales.
Despite losing the lawsuit, Hall says WiscoFAST is not giving up. He blames the influence of “big tobacco” for the new law, which he claims creates a monopoly at the expense of small businesses and the 300,000 vapers in Wisconsin. “We’re begging and pleading with lawmakers… making our voices heard,” Hall said, vowing to continue the fight.
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