Pennsylvania is urging a federal court to allow enforcement of its statewide restrictions on most flavored electronic cigarettes, arguing that similar laws have repeatedly been upheld by federal appeals courts and are consistent with states’ authority to regulate tobacco and nicotine products. In a recent court filing, the commonwealth said the plaintiffs are unlikely to succeed on their constitutional claims, citing multiple appellate decisions that have upheld comparable restrictions against challenges based on equal protection, due process, and the Commerce Clause.
Pennsylvania maintains that the law serves legitimate public health objectives and that courts have consistently recognized broad state authority to regulate e-cigarettes, positioning the litigation as another test of the expanding patchwork of state-level vaping regulations.










