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.
Tag: Fourth Circuit
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Vape Industry Seeks to Block NC Law “Backed by Big Tobacco”
Vape industry groups are urging the Fourth Circuit Court of Appeals to temporarily block enforcement of a new North Carolina law that could ban many e-cigarettes from the market. In an emergency filing, the groups claim the law was heavily influenced by Reynolds American Inc. and is designed to eliminate competition from vaping products that help smokers quit.
The law prohibits the sale of vapor products that lack full FDA authorization, even though many remain under scientific review. Critics say this effectively bans nearly all independent vape brands in favor of a few tobacco-owned products that have gained approval.
The plaintiffs argue the statute undermines federal regulatory authority, disrupts public health harm-reduction efforts, and was crafted to protect big-tobacco corporate interests over consumers. They are seeking an injunction to prevent what they describe as irreparable harm to small businesses and adult nicotine users seeking alternatives to smoking.
The court has yet to rule on the request.