A Wisconsin trade group filed a federal lawsuit aiming to block a new state law regulating vape product sales, claiming it oversteps federal authority and threatens thousands of small businesses. Wisconsinites for Alternatives to Smoking and Tobacco (WiscoFAST) filed the suit in the U.S. District Court for the Western District of Wisconsin, challenging Wisconsin Statute 995.15, which took effect July 1.
The law empowers the Department of Revenue to fine sellers and manufacturers $1,000 per day starting September 1 if they sell vape products not authorized by the FDA. So far, only 34 e-cigarette products have FDA marketing approval.
WiscoFAST is seeking a preliminary injunction, arguing the law violates the Supremacy Clause of the U.S. Constitution by encroaching on the FDA’s exclusive authority under the Federal Food, Drug, and Cosmetic Act (FDCA). They also say it breaches the Equal Protection Clause of the 14th Amendment by unfairly banning some non-tobacco nicotine products.
“[The law] will strip Wisconsinites of their right to purchase the vaping products they use to stay smoke-free, while threatening to shutter 3,000 small businesses that are vital to our state’s economy,” said Tyler Hall, president of WiscoFAST. “This law disregards the FDA’s careful approach to regulating ENDS and could push former smokers back to deadly combustible cigarettes. We’re fighting to protect consumer choice and the livelihoods of thousands of Wisconsin workers.”
The American Lung Association (ALA) also disagrees with the new law, saying it likely won’t improve public health. Molly Collins, the ALA’s Wisconsin advocacy director, argued that raising the purchase age and increasing vape prices would be more effective.
