Texas officials are asking the U.S. Court of Appeals for the Fifth Circuit to dismiss a lawsuit challenging a state law that restricts the sale of e-cigarette products containing liquids sourced from China and other designated foreign adversaries. According to court filings, the acting Texas comptroller argues the office is protected by sovereign immunity and should not be subject to the lawsuit brought by vape companies and the Vapor Technology Association.
According to Law 360, the dispute centers on a recently enacted Texas law targeting vape products tied to countries identified as foreign adversaries, adding another layer to the increasingly complex regulatory environment facing the U.S. vaping sector. Texas officials have also argued in earlier filings that the plaintiffs lack standing and that claims about business harm remain speculative.
