A coalition of Wisconsin e-cigarette retailers, Wisconsinites for Alternatives to Smoking and Tobacco, Inc. (WiscoFAST), has filed a federal lawsuit to block a new state law that bans the sale of most vaping products. The law, which took effect July 1st, prohibits the sale of any vaping devices that have not received marketing authorization from the U.S. Food and Drug Administration (FDA).
Starting September 1st, retailers could face fines of $1,000 per day for each unauthorized vape they sell. The lawsuit argues that the Wisconsin Department of Revenue is overstepping its authority and usurping the FDA’s power to regulate these products under the U.S. Constitution’s Supremacy Clause.
Zach Rozenboom, a vape shop owner and part of the lawsuit, stated that 84% of the products he sells would be banned under the law, “essentially eliminating our options for business.” While supporters say the law protects kids from vaping, retailers like Rozenboom argue for “reasonable and responsible regulation” instead of a near-total ban. A similar law was recently blocked by a federal judge in Iowa. The Wisconsin Department of Revenue has not yet responded to requests for comment.
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