The Commonwealth of Virginia asked the U.S. Court of Appeals for the Fourth Circuit to stay a district court order that blocks enforcement of parts of a state law restricting the sale of unauthorized vaping products, according to Law360. Virginia argues that the lower court wrongly found the law preempted by the federal Food, Drug, and Cosmetic Act and the Tobacco Control Act, stating that these statutes permit states to impose stricter sales regulations and do not require state rules to differ from federal standards. The dispute stems from a ruling by U.S. District Judge David J. Novak, who granted partial relief to vape retailers. However, Virginia contends that the decision is an outlier, misreads the TCA’s savings clause, and improperly limits states’ ability to coordinate with federal oversight. The state also argues the plaintiffs lack standing and that a stay is necessary to prevent irreparable harm to public health, noting the products at issue are already illegal under federal law.
