Wisconsin Vape Shop Fined $13 Million Under New Law
The state of Wisconsin has begun aggressively enforcing a new law restricting vape sales, levying nearly $13 million in fines against a single retailer for selling unauthorized products. Exclusive Tobacco, which operates a location in Oshkosh, was hit with two separate fines in October totaling over $12.8 million. The penalties stem from selling vapes not listed on the state’s approved directory, which limits sales to select FDA-authorized brands like Juul and Vuse.
The Department of Revenue (DOR) seized 1,244 illegal vapes from the Oshkosh store, applying a $1,000 fine per device. This initial penalty was multiplied tenfold due to continued non-compliance over ten days following a warning. Another retailer, Dave’z Smoke N Vape LLC in Green Bay, received a $450,000 fine for similar violations. Both stores were also found operating with expired municipal licenses.
The law, effective since September 1st, mandates that only products on a specific state registry can be sold. While some shops have adapted by clearing shelves, others face closure. George Packard shut down his Antigo store, laying off six employees and leaving $40,000 in unsellable merchandise. “We can’t sell it, because it’s illegal,” he lamented.
An appeal challenging the law’s constitutionality is pending in the 7th Circuit Court of Appeals, with arguments scheduled for December. Critics argue the law favors big tobacco companies and fails to effectively protect public health, while supporters, like former ATF commander Richard Marianos, praise the state for removing “criminal products” from the streets.
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