Lawsuit Seeks to Block State Law on E-Cigarettes and Vaping Products
A group of e-cigarette distributors and retailers has filed a lawsuit against the state of Iowa, aiming to block a new law set to take effect next year that would regulate vaping products. The lawsuit, filed in U.S. District Court for the Southern District of Iowa this week, seeks to prevent the law from being enforced when it becomes effective on February 3, 2025.
The plaintiffs, including Alternatives to Smoking & Tobacco Inc., Global Source Distribution, Triton Distribution, Smokin Hot, Central Iowa Vapors WDM, and Route 69 Vapor, argue that House File 2677, which was signed into law earlier this year, violates several constitutional provisions. Specifically, they claim the law infringes upon the supremacy clause and equal protection clause of the U.S. Constitution, as well as the equal protection clause of the Iowa Constitution.
The Impact of House File 2677
Signed into law on May 17, 2024, by Iowa Governor Kim Reynolds, House File 2677 is part of the state’s broader effort to regulate the growing vaping industry. The law requires that all manufacturers of electronic nicotine delivery systems (commonly referred to as e-cigarettes and vaping products) certify that their products have received marketing authorization from the U.S. Food and Drug Administration (FDA). Alternatively, they must demonstrate that an application for authorization was filed by September 2020 and is still under review.
According to the new law, the Iowa Department of Revenue will be responsible for creating a publicly accessible directory listing certified vaping products. Retailers will then be required to ensure they only sell products listed in the registry. If they sell products that are not approved or included in the directory, they could face fines or other enforcement actions.
A Legal Battle with Far-Reaching Implications
The plaintiffs in the lawsuit argue that most vaping products on the market today have not yet received FDA approval, which could lead to severe business disruptions. They assert that the FDA has taken a case-by-case approach to enforcing federal requirements, allowing some vaping products that do not have formal approval to remain on the market. According to the plaintiffs, this discrepancy creates an unfair situation, where the state law would force retailers to remove products that are still legally sold at the federal level.
The plaintiffs also contend that the new law is preempted by federal law and regulation, meaning that it should not be enforceable. By mandating state-level approval of vaping products without taking federal enforcement into consideration, they argue, Iowa is overstepping its bounds.
As the law stands, when the registry is published in January 2025, it is likely that very few products will be included. This could leave retailers with insufficient stock to maintain profitability, forcing many of them to close their doors or incur significant civil penalties. The plaintiffs have warned that this could result in a massive disruption to the vaping product market in Iowa, with devastating consequences for small businesses.
A Growing Debate Over Vaping Regulation
The legal battle over House File 2677 has attracted significant attention, not only because of its potential impact on retailers but also due to the broader national debate over vaping regulation. The law has divided stakeholders, with proponents arguing that stronger regulations are necessary to protect public health, particularly among young people, while opponents contend that the law could harm businesses and restrict consumer access to safe alternatives to smoking.
Lobbying groups for both sides have played a significant role in shaping the bill. Lobbyists for tobacco companies, including R.J. Reynolds, were among the primary supporters of the legislation, while public health groups, such as the American Cancer Society Action Network, have vocally opposed it.
In response to the lawsuit, Iowa officials have defended the law, asserting that it is a necessary step to ensure that only FDA-approved products are sold in the state. They argue that the law is part of ongoing efforts to reduce the public health risks associated with vaping and nicotine use, especially among minors.
What’s Next for Iowa’s Vaping Law?
As the case moves forward, the legal challenges to House File 2677 could have lasting implications for vaping regulations across the country. If the court rules in favor of the plaintiffs, it could set a precedent that limits the ability of individual states to impose their own regulations on vaping products. Alternatively, if the state prevails, it could pave the way for stricter state-level controls over the vaping industry nationwide.
The plaintiffs are urging the court to issue a temporary injunction to prevent the law from being enforced while the case is litigated. In the meantime, vaping retailers in Iowa are left in a state of uncertainty, unsure of whether they will be able to continue selling their products or face crippling penalties.
The outcome of this case will likely be watched closely by stakeholders across the vaping industry, as well as by policymakers in other states considering similar laws.
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