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 moreLawsuit Claims State Law Requiring FDA Authorization is Preempted by Federal Authority
The Vapor Technology Association (VTA) and several North Carolina vape businesses have filed a federal lawsuit challenging the state’s recently enacted law regulating e-cigarette sales (Session Law 2024-31). The plaintiffs argue the law improperly usurps federal authority and discriminates against certain products.
Read moreA bipartisan bill in Nevada, Senate Bill 435, which proposes the creation of a state-managed vape product directory, is facing opposition from an unlikely coalition of vape store owners and anti-smoking health organizations. The bill, sponsored by Democratic Senator Nicole Cannizzaro, would require the Department of Taxation to create a public directory listing all vapor products legally available for sale in the state, mirroring the current system for cigarettes.
Read moreConcerns Over Business Impact Sideline Proposed E-cigarette Restrictions
The North Dakota House of Representatives approved the Attorney General’s Office budget on April 29, but notably without a contentious provision that would have created a state registry for electronic smoking devices. Critics, including smoke shop and gas station owners, had argued the registry posed a significant threat to small businesses.
Read moreArkansas has enacted a sweeping new law regulating vaping products, becoming the 12th U.S. state to adopt a PMTA registry model. However, Act 590 (formerly Senate Bill 252), signed into law by Governor Sarah Huckabee Sanders on April 14, 2025, includes a highly controversial provision rarely seen in Western democracies: a ban on the personal possession of vaping products deemed non-compliant by the state.
Read moreThe landscape for vaping products in the United States is more dynamic and complex than ever. As of April 9, 2025, state legislatures across the country are actively debating and enacting laws that could fundamentally reshape the market. Two dominant, yet distinct, regulatory trends have emerged, creating uncertainty and high stakes for consumers, manufacturers, and retailers alike: the rapid proliferation of state-level Premarket Tobacco Product Application (PMTA) registry laws and the continued push for comprehensive flavor bans. Understanding these trends, the forces driving them, and their potential impacts is crucial for anyone involved in the vaping space. This post dives into the current state of play, examining key legislative battles and what they signify for the future of vaping in the U.S.1
Read moreTexas lawmakers are considering Senate Bill 1698, which aims to combat the influx of illegal e-cigarette products by establishing a Texas-specific directory of FDA-compliant vape products. The bill, heard Monday in the Senate State Affairs Committee, would ban the sale of any products not listed in the directory.
Read moreThe Tennessee House Finance, Ways, and Means Committee recently passed House Bill 968, presented by Representative David Hawk, with a 12-1 majority on March 10, 2025. The bill proposes a 10% tax on all open-system vapor products and bans non-FDA-approved products, creating a registry of approved vapes and ensuring that only FDA-deemed acceptable products are sold in stores.
Read moreIn the first few months of 2025, several state legislatures have introduced bills to establish vapor product directories, signaling a growing interest in regulating the sale of these products. The states considering such legislation include Florida, Indiana, Missouri, Kentucky, Louisiana, Mississippi, and Virginia, with similar bills also introduced in Arizona, Hawaii, Iowa, Nebraska, New York, South Carolina, South Dakota, Vermont, Washington, West Virginia and Utah. Additionally, Oklahoma is looking to update its existing directory framework to align with these recent proposals.
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