The Alabama Supreme Court upheld a lower court’s decision denying a preliminary injunction against the state’s 2025 law regulating electronic nicotine delivery systems (ENDS), allowing the law to remain in effect while litigation continues. The court ruled that the Vapor Technology Association and retailer Southside Vape had standing to challenge the law, but were unlikely to succeed on their claims that it is preempted by federal law or violates the dormant Commerce Clause.
The justices found that the federal Tobacco Control Act preserves states’ authority to regulate the sale and distribution of tobacco products more stringently than federal requirements, and that Alabama’s restrictions serve a legitimate public health purpose rather than unlawfully discriminating against interstate or foreign commerce. The law establishes certification requirements, fees, and an ENDS product directory, with penalties for retailers selling products not listed on the state-approved directory.
