U.S. Vape Firms Urge Federal Court to Block North Carolina’s New Rules, Citing Unconstitutionality and Business Threats

Jul.16.2025
U.S. Vape Firms Urge Federal Court to Block North Carolina’s New Rules, Citing Unconstitutionality and Business Threats
Vape groups asked the U.S. Fourth Circuit to block a North Carolina law they say, pushed by Reynolds American, threatens quit-smoking products and violates federal authority under the Constitution’s Supremacy Clause.

Key points:

 

·The e-cigarette industry is urging the Fourth Circuit Court of Appeals to block a sales ban on e-cigarettes in North Carolina. 

 

·The ban was pushed by Reynolds American Inc. and aims to combat e-cigarette products that help people quit smoking. 

 

·The industry argues that the law infringes on federal power and violates the supremacy clause of the U.S. Constitution. 

 

·The court had previously denied the industry's request for an injunction, but the industry is now appealing.


【2Firsts News Flash】According to a report by Law360 on July 14, e-cigarette stakeholders in the United States are urging the Fourth Circuit Court of Appeals to temporarily block North Carolina officials from enforcing a law that could prevent the sale of multiple e-cigarette products in the state. They claim that the law, which they say is supported by tobacco giant Reynolds American Inc., targets products that help people quit smoking.

 

The American Vaping Association (VTA) and its co-plaintiffs argue that the law (Senate Bill 31 of 2024) gives state tax officials the authority to fine e-cigarette retailers, wholesalers, and manufacturers who do not have authorization from the US Food and Drug Administration (FDA). However, states cannot enforce FDA regulations because it infringes on federal power, violating the supremacy clause of the US Constitution, stakeholders in the e-cigarette industry claim in a filing submitted to the Fourth Circuit Court of Appeals.

 

The plaintiffs in the e-cigarette industry are asking the court to block the state law from taking effect so they can challenge it in federal court. They believe that their arguments may likely succeed on the merits and that their businesses will suffer if the law goes into effect, so they argue that an injunction is appropriate.

 

“The plaintiff sells mostly electronic nicotine delivery systems in their professional e-cigarette store that have not yet received FDA market authorization and therefore do not qualify for inclusion in the [North Carolina] directory. Without the sales revenue from these products, the appellant would face the risk of business closure, employee layoffs, and potential bankruptcy.”

 

Motion was made during the meeting.

 

The plaintiffs in the e-cigarette industry claim that this law gives the state tax department the power to fine retailers and manufacturers of e-cigarettes who sell products not authorized by the FDA. According to court records, retailers selling these unapproved products could face fines up to $5,000, as well as other penalties such as temporary suspension of their license, complete revocation of their license, and confiscation of products.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Product | JT Upgrades with2 Infused Tobacco Capsules With Double-Size BIG PACK
Product | JT Upgrades with2 Infused Tobacco Capsules With Double-Size BIG PACK
Japan Tobacco Inc. (JT) announced that it will introduce a BIG PACK version of all five tobacco capsule variants designed for its with2 infused tobacco system. Scheduled for release in Japan on August 4, 2026, the refreshed packaging doubles the contents from five capsules and one cartridge to ten capsules and two cartridges while maintaining the same flavors and formulations
News
Jun.26 by 2Firsts Perspectives
Germany Seizes 56 Pallets of Illegal Vapes, Probe Estimates €1.8 Million Tax Loss
Germany Seizes 56 Pallets of Illegal Vapes, Probe Estimates €1.8 Million Tax Loss
German authorities have seized dozens of pallets of illegal disposable vapes in a criminal investigation, with the products estimated to have caused at least €1.8 million in tax losses. The case has also raised concerns over cross-border supply chains linked to unauthorized nicotine products entering the European market.
Jul.14
InterTabac 2026: First conference program highlights now available online
InterTabac 2026: First conference program highlights now available online
With three months to go before the international tobacco and nicotine industry gathers again in Dortmund, InterTabac, together with NUBIZ and InterSupply, is set to bring around 800 exhibitors from across the globe to eleven exhibition halls. The three events will showcase innovation, market trends and industry networking, while the first conference program highlights are now online, offering trade visitors keynotes, panel discussions and masterclasses to support business decision-making.
Events
Jun.22
Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
Hunan China Tobacco Industry files heated tobacco device patent featuring adult-user identification through pressure sensing
China-based Hunan China Tobacco Industry Co., Ltd. and Shenzhen Baisha Technology Co., Ltd. have filed a patent application covering an adult-user identification mechanism for heated tobacco devices. The patent proposes using flexible pressure sensors installed in the device grip area to collect pressure distribution patterns generated when users hold the device. The system evaluates factors including effective contact area, grip shape and contact duration, and combines roller movement detection to determine whether unlocking conditions are met. The filing reflects exploration of device-level user recognition and smarter interaction technologies for heated tobacco products (HTPs).
Aug.05
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
The Alabama Supreme Court affirmed a lower court’s refusal to issue a preliminary injunction blocking the state’s 2025 electronic nicotine delivery systems law, allowing rules requiring covered products to be U.S.-made or FDA-authorized to remain in effect.
Jul.10
BAT Calls for Retailer Input in Future Nicotine Regulations
BAT Calls for Retailer Input in Future Nicotine Regulations
British American Tobacco (BAT) has called for stronger retailer involvement in shaping future nicotine product regulations in the UK, arguing that frontline market feedback should be considered during policy development. BAT said retailers provide direct insight into consumer behavior, market changes and regulatory implementation challenges. The comments come as the UK nicotine market undergoes regulatory changes, including the disposable vape ban, Vaping Products Duty and efforts to address illicit vape sales.
Jul.29