Several vape manufacturers and retailers have filed a federal lawsuit challenging a new Pennsylvania law they say would effectively remove most e-cigarette products from the market by limiting sales to products authorized by the U.S. Food and Drug Administration. The plaintiffs, including Puffbar Inc., Mi-One Brands LLC, American Vapor Manufacturers Association, and Pennsylvania-based vape retailers and distributors, argue the statute is unconstitutional, conflicts with federal authority over tobacco regulation, and could force businesses to absorb roughly $2 million in unsellable inventory.
According to Law 360, the lawsuit contends that the Pennsylvania law improperly intrudes into areas governed by the FDA’s premarket tobacco application process and unfairly targets products that some federal officials and public health researchers have described as potentially useful for adult smoking cessation. Industry groups also argue the measure could disproportionately affect independent vape retailers and smaller manufacturers already facing mounting regulatory pressure across the U.S. market.
