The U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s denial of a preliminary injunction against North Carolina’s 2024 law establishing a directory of electronic nicotine-delivery system (ENDS) products eligible for sale in the state. The law requires manufacturers to certify that their products have FDA marketing authorization, were submitted for FDA review by specified federal deadlines, or qualify for an exemption for certain minor product modifications. Products not listed in the directory cannot be sold in North Carolina.
A coalition of vape manufacturers, retailers, an industry trade association, and a consumer argued that the law was preempted by federal tobacco regulations. The court ruled that the Tobacco Control Act preserves states’ authority to regulate tobacco product sales and distribution, and that North Carolina’s directory establishes independent conditions for retail sales rather than enforcing federal law. It also rejected arguments that the restrictions conflict with congressional objectives, concluding that the state law falls within North Carolina’s authority to regulate tobacco sales.