U.S. vape firms appeal Mississippi synthetic-nicotine ban, citing FDA authority preemption

Key Points at a Glance

• A coalition of businesses selling synthetic-nicotine vape products has appealed to the U.S. Court of Appeals for the Fifth Circuit, challenging a Mississippi law restricting vape sales.
• The disputed House Bill 916 took effect in July 2025 and bans the sale of e-cigarette products containing synthetic nicotine in the state.
• The plaintiffs argue the law effectively conditions sales on FDA authorization, in violation of the federal preemption principle.
• A federal district court previously denied a request for a temporary injunction and dismissed the case without prejudice for lack of standing.

2Firsts, December 17, 2025 — According to Law360, a coalition of companies selling e-cigarette products containing synthetic nicotine has appealed a Mississippi state law restricting vape sales to the U.S. Court of Appeals for the Fifth Circuit, seeking to overturn a federal district court’s earlier refusal to temporarily block enforcement of the statute. The companies argue that the state law is preempted by federal law under the Supremacy Clause and is therefore invalid.

Earlier this week, the U.S. District Court for the Southern District of Mississippi rejected the plaintiffs’ request.

According to the complaint and court filings, the plaintiffs include the Vapor Technology Association, the MS Small VTC Business Association, and several retailers. On Monday, the groups filed a notice stating that they would ask the Fifth Circuit to reconsider their bid to prevent Mississippi from enforcing House Bill 916.

The law took effect in July 2025 and explicitly prohibits the sale of e-cigarette products containing synthetic nicotine within the state. State authorities began enforcing penalties, including product confiscations and criminal sanctions, in October, and launched civil enforcement actions in late November. 

The plaintiffs contend that the statute effectively bans the sale of any e-cigarette products not authorized by the U.S. Food and Drug Administration. Allowing Mississippi officials to enforce what are effectively FDA regulatory standards would, they argue, usurp federal authority and violate the U.S. Constitution’s Supremacy Clause. The lawsuit further argues that the FDA has deliberately adopted a case-by-case enforcement approach for unauthorized vaping products to balance public health objectives, including helping adult smokers quit cigarettes.

The defendant in the case is Chris Graham, Commissioner of the Mississippi Department of Revenue.

Cover image source: Law360