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Tag: appeals

  • Fight Over Foreign-Sourced Vape Ban Continues in Texas Appeals Court

    Fight Over Foreign-Sourced Vape Ban Continues in Texas Appeals Court

    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.

  • Vape Reps Appeal Mississippi Law to 5th Circ.

    Vape Reps Appeal Mississippi Law to 5th Circ.

    A coalition of businesses that sell vape products containing synthetic nicotine appealed a U.S. federal court’s refusal to block a Mississippi law restricting the sale of those products. The groups are taking the case to the U.S. Court of Appeals for the Fifth Circuit after the U.S. District Court for the Southern District of Mississippi denied their request for a temporary injunction.

    The contested state law, House Bill 916, which took effect in July 2025, bans the sale of e-cigarette products containing synthetic nicotine in Mississippi. Enforcement, including penalties and product confiscations, began later in the year.

    The plaintiffs, including industry groups such as the Vapor Technology Association and several retailers, argue the law is preempted by federal authority under the U.S. Constitution’s Supremacy Clause, asserting that it effectively conditions sales on FDA marketing authorization—a domain they say belongs exclusively to the federal government.

    Mississippi’s Department of Revenue Commissioner Chris Graham is named as the defendant in the appeal.