Court Rules State Law Unlawfully Infringes on Federal Authority
A federal judge has blocked nearly all provisions of a new Iowa law (House File 2677) that aimed to restrict the sale of e-cigarette products based on their U.S. Food and Drug Administration (FDA) approval status. Chief U.S. District Judge Stephanie Rose ruled the law likely violates the U.S. Constitution’s Supremacy Clause by improperly attempting to enforce federal regulations.
Read moreA new bill in the Iowa Senate that would impose a state tax on vapor cartridges for electronic cigarettes and nicotine pouches is set to be considered by a Senate Committee. The proposed legislation has sparked a debate between those who believe vaping products should be taxed similarly to cigarettes and those who argue that these alternatives are less harmful and should not face the same level of taxation.
Read moreThe implementation of Iowa’s law regulating e-cigarettes and vaping products has been delayed following a lawsuit filed by a group of local businesses called Iowans For Alternatives to Smoking & Tobacco (IFAST) on December 17, 2022. The state agreed to postpone enforcement of the law, which was set to take effect on February 3, 2023.
Under the contested law, vaping products had to be marketed by August 2016 and a product application submitted to the U.S. Food and Drug Administration (FDA) by September 9, 2020. Only products approved by the FDA and added to the state’s registry of vaping products would be allowed for sale in Iowa.
Vicki Comegys, CEO of Central Iowa Vapors and an IFAST board member, expressed concerns about the law’s potential impact on local businesses, stating, “Work with us because vaping is here to stay. If they’re not going to get it in Iowa, they’re going to get it on the internet, go across the borders. And that just is not accomplishing what needs to be accomplished.”
IFAST’s lawsuit alleges that the state’s law will disproportionately hurt smaller, local businesses and result in many vaping products being pulled from shelves. While the businesses support certain aspects of the law, such as regulating products for people 21 and older, they argue that the rest of the legislation is ambiguous.
With the enforcement of the law delayed, a hearing for a temporary injunction is scheduled for early March. The Iowa Attorney General’s office, representing the state in the case, declined to comment at this time.
As the legal battle unfolds, the future of e-cigarettes and vaping products in Iowa remains uncertain, with local businesses fighting to protect their interests and the state aiming to regulate the industry.
Plaintiffs Claim PMTA Registry Law Violates US and Iowa Constitutions, Threatens Vape Businesses
Several Iowa vape companies, along with the state’s vaping industry association1, Iowans for Alternatives to Smoking & Tobacco (IFAST)2, have filed a lawsuit seeking to stop the implementation of new state laws and regulations. The plaintiffs argue that the recently passed HF 2677, which creates a state registry of FDA-approved vape products, will severely limit what companies like theirs can sell, effectively shutting down most or all specialty vape stores in the state.
Read moreThe Iowa General Assembly has successfully passed HF 2677, a PMTA registry bill that could potentially ban the sale of most vaping products in the state. The bill, which was approved by the House on April 3 and the Senate on April 19 with a vote of 42-4, now awaits Governor Kim Reynolds’ decision to either sign it into law or veto it. Read more