Virginia’s Attorney General Jason S. Miyares and the state’s tax commissioner urged a federal court to reject a lawsuit challenging the state’s ban on unapproved e-cigarettes, arguing the plaintiffs lack standing because their products are illegal under federal law. In filings, Virginia contended that Novo Distro Inc. and Tobacco Hut and Vape Fairfax Inc. cannot claim injury or seek an injunction since their products are unapproved by the FDA. The state emphasized that neither the Federal Food, Drug, and Cosmetic Act (FDCA) nor the Tobacco Control Act preempts state authority to regulate tobacco, and that the ban applies equally to all sellers, prioritizing public health.
The plaintiffs argue that the law disadvantages small businesses in favor of large tobacco companies. Virginia maintains that the statute simply requires FDA approval for all products and is not arbitrary, reflecting a public health-driven standard rather than favoritism.
