Vape shop owners in Wisconsin have filed a federal lawsuit challenging a new state law (995.15) that bans the sale of all vaping products not pre-approved by the U.S. Food and Drug Administration (FDA). The law, which took effect July 1st, gives retailers until September 1st to clear their shelves of non-compliant products or face fines of $1,000 per day. The lawsuit, led by Tyler Hall of "Wisconsinites to Alternatives to Smoking and Tobacco," was filed against the Wisconsin Department of Revenue.
The new law effectively prohibits the sale of all but a few menthol and tobacco-flavored products, as these are the only ones currently authorized by the FDA. Shop owners argue this will decimate their businesses. Jamal Abujad, owner of Distro Guys Wholesale in Cudahy, stated the law would shut down thousands of vape shops and put many out of work. He also highlighted vaping's role in helping him quit a two-pack-a-day smoking habit.
Hall argues the law is an attempt by larger entities to "take a monopoly over our industry at the expense of all of us small business owners and the three hundred thousand Wisconsin vapers." The lawsuit contends the state is attempting to regulate something outside its proper jurisdiction. A federal judge is scheduled to hear the case on August 1st.
