Key Points:
- An Alabama court granted a TRO halting enforcement of the 2025 e-cigarette law.
- The VTA and Southside Vape sued, claiming the law violates the Dormant Commerce Clause and is preempted by federal law.
- The TRO provides critical relief for local vape retailers and distributors; VTA pledges to continue its legal fight.
According to 1819 News (August 14), Judge Monet Gaines of the Montgomery County Circuit Court approved the TRO on August 12, barring Alabama from enforcing the newly passed law.
The law, adopted in the 2025 legislative session, sets stricter rules for e-cigarette sales in Alabama and increases penalties for businesses.
The VTA and Southside Vape filed suit against the state on August 11, seeking the TRO as part of their legal challenge.
In a statement on August 13, VTA Executive Director Tony Abboud said:
“Yesterday, in Vapor Technology Association et al. v. Spencer et al., Judge Gaines granted our request for a temporary restraining order blocking enforcement of House Bill 8 on grounds that it violates the Dormant Commerce Clause and is unconstitutional under federal preemption. Today’s TRO applies to the plaintiffs in this case as well as VTA members.”
Abboud continued:
“This ruling marks an important step in our ongoing fight to protect small businesses from unfair and overly burdensome laws and regulations. While only temporary, it provides critical breathing room for many local vape retailers and distributors in Alabama who are striving to serve adult consumers and survive in challenging conditions.”
He further emphasized that the VTA will continue to lead legal battles nationwide:
“The Vapor Technology Association will keep defending the rights of small businesses, driving innovation, and speaking for the 500,000 Americans who die each year from smoking-related diseases by advocating for safer e-cigarette alternatives. However, the Trump Administration must prioritize the adoption of new, common-sense, and streamlined federal science-based regulations to safeguard the future of American citizens and businesses.”
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