A federal judge has denied a request for a preliminary injunction to block enforcement of Wisconsin's new vape law, allowing the state to proceed with its ban on vaping products that have not been pre-approved by the U.S. Food and Drug Administration (FDA). The law, which took effect on September 1st, restricts retailers to selling only the 39 vape products currently authorized by the FDA.
The lawsuit was filed by "Wisconsinites for Alternatives to Smoking and Tobacco" (WiscoFAST) against the state Department of Revenue. The trade organization argued that only the federal government has the authority to enforce FDA policy and that the state law was unconstitutional. However, Western District of Wisconsin Judge William Conley ruled that WiscoFAST "failed to demonstrate a reasonable likelihood of success" and that preventing the state from enforcing the law would not serve the public interest.
Tyler Hall, president of WiscoFAST, expressed disappointment, stating the decision "forces thousands of retailers across the state to remove products that adult consumers rely on." He affirmed the organization's "fight is far from over" and announced they will appeal the order to the U.S. Court of Appeals for the 7th Circuit. Retailers in Wisconsin now face fines of $1,000 per day per unlisted product sold. A similar ban on hemp-based vape products is expected to take effect next year.
