A federal judge has rejected a request from vape businesses to temporarily block enforcement of Pennsylvania’s Act 57 while they appeal a ruling upholding the law. U.S. District Judge Julia Munley denied the request, allowing enforcement to continue. The law, which took effect Oct. 19, prohibits the sale of nicotine-containing e-cigarettes not listed in the state’s approved product directory.
The plaintiffs, including MMA Group 1 Inc., which operates Tobacco Hut stores, and several distributors and vape businesses, sued in May, arguing that Act 57 is preempted by federal law and interferes with the FDA’s regulatory authority. Munley granted summary judgment to Pennsylvania on the federal preemption claims Oct. 14, finding that the law regulates retail sales rather than imposing separate federal premarket approval requirements. The plaintiffs appealed to the Third Circuit and sought a temporary stay, which Munley denied Oct. 28.
Act 57 requires nicotine e-cigarettes to have FDA marketing authorization or qualify under specified pending application provisions to be listed in the state directory. Unlisted products are subject to seizure and destruction, with penalties ranging from $500 per product for a first violation to $1,500 per product per day for repeat violations.
