A group of Iowa vaping businesses and organizations, led by Iowans For Alternatives to Smoking and Tobacco (IFAST), has filed a lawsuit against the Iowa Department of Revenue over a new state law that would severely limit the products they can legally sell. The law, House File 2677, requires all e-cigarettes and vaping products to have marketing authorization from the Food and Drug Administration (FDA) and to have been marketed in the United States as of August 8, 2016.
Under the new law, which is set to take effect on February 3, 2025, vapor product manufacturers must have submitted a premarket tobacco product application to the FDA on or before September 9, 2020. The application must either remain under review by the FDA or not have a final decision that has taken effect.
Plaintiffs Seek Removal of Date Restrictions
Vicki Comegys, a board member for IFAST, argues that the date restrictions in the new law are unfair and questions the reasoning behind the specific window chosen. “Get those dates out of there. Keep all the things about youth. Keep all the things about packaging. Just remove the dates,” Comegys stated. “Why that window?”
Several other businesses have joined the lawsuit as plaintiffs, including Central Iowa Vapors, underscoring the widespread concern among the state’s vaping industry about the potential impact of the new law on their operations.
Legislator Unable to Provide Rationale for Date Range
When asked about the reasoning behind the chosen date range, Republican state Representative Brent Siegrist (R-Council Bluffs), who served as the floor manager for the bill in the Iowa House in early 2024, was unable to provide a clear explanation. “We set a date, but I don’t remember if there was a specific reason for that,” Siegrist told KCCI.
As a vaping industry professional, it is essential to monitor legislative developments that may impact the sector and to advocate for fair, evidence-based regulations that balance public health concerns with the rights of adult consumers and the viability of businesses. The outcome of this lawsuit will have significant implications for the future of the vaping industry in Iowa and may set a precedent for similar challenges in other states.
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