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Tag: Tobacco Hut

  • Virginia Defends Flavored Vape Ban in Federal Court

    Virginia Defends Flavored Vape Ban in Federal Court

    Virginia’s Attorney General Jason S. Miyares and the state’s tax commissioner urged a federal court to reject a lawsuit challenging the state’s ban on unapproved e-cigarettes, arguing the plaintiffs lack standing because their products are illegal under federal law. In filings, Virginia contended that Novo Distro Inc. and Tobacco Hut and Vape Fairfax Inc. cannot claim injury or seek an injunction since their products are unapproved by the FDA. The state emphasized that neither the Federal Food, Drug, and Cosmetic Act (FDCA) nor the Tobacco Control Act preempts state authority to regulate tobacco, and that the ban applies equally to all sellers, prioritizing public health.

    The plaintiffs argue that the law disadvantages small businesses in favor of large tobacco companies. Virginia maintains that the statute simply requires FDA approval for all products and is not arbitrary, reflecting a public health-driven standard rather than favoritism.

  • Small Tobacco Firms Sue Virginia Over Flavored Vape Restrictions

    Small Tobacco Firms Sue Virginia Over Flavored Vape Restrictions

    Two Virginia-based vape distributors — NOVA Distro Inc. and Tobacco Hut and Vape Fairfax, Inc. — filed a federal lawsuit last week challenging the state’s upcoming restrictions on flavored vapor products. The suit, filed in the U.S. District Court for the Eastern District of Virginia, names Attorney General Jason Miyares and other state officials as defendants.

    The companies argue that Virginia’s new law, which bars the sale of any nicotine or vapor product not listed on an official state directory and effectively bans flavored vapes, is unconstitutional. According to the complaint, the measure unlawfully delegates federal regulatory powers over tobacco products—reserved for the Food and Drug Administration—to state authorities, violating the Supremacy Clause.

    The plaintiffs are seeking an injunction to block the law before it takes effect on December 31, warning that enforcement would force small businesses to pull most of their inventory from shelves. The case, NOVA Distro et al. v. Miyares et al., is among the first legal challenges to a state-level vape directory law, setting up a potential test of federal preemption in the regulation of nicotine products.