The U.S. Court of Appeals for the Seventh Circuit has ruled that federal law does not preempt Wisconsin’s authority to ban the sale of e-cigarettes that lack FDA authorization, allowing the state to continue enforcing its restrictions. The decision rejects arguments from vaping industry groups that federal tobacco regulations should override state-level controls on product sales and marketing.
The court found that while the FDA regulates tobacco products at the federal level, states retain the power to impose their own rules on how such products are sold within their borders. The ruling reinforces the ability of states to take independent action against unauthorized vaping products, particularly those that have not received marketing authorization from the FDA.